HIPAA Preempts Fla. Medical Privacy Law, 11th Circ. Says

Law360, New York (April 9, 2013, 4:53 PM EDT) -- The Eleventh Circuit on Tuesday affirmed that the Health Insurance Portability and Accountability Act of 1996 trumps a Florida state law governing the release of nursing home medical records, saying the state statute interferes with HIPAA’s goal of maintaining patient confidentiality.

The appeals court ruling backed a group of Florida nursing facilities that refused to turn over medical records of deceased nursing home residents to spouses or attorneys-in-fact for fear of violating HIPAA’s privacy rule disclosure provisions. Those facilities were subsequently fined by the state for...
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