HIPAA Preempts Florida Law Requiring Release of Deceased Resident’s Records

The federal Health Insurance Portability and Accountability Act (HIPAA) preempts a Florida law that requires nursing homes, upon request, to release the medical records of deceased residents to their spouses and attorneys-in-fact, a federal appeals court affirmed April 9 (OPIS Management Resources LLC v. Secretary Florida Agency for Health Care Administration, 11th Cir., 12-12593, 4/9/13).

The U.S. Court of Appeals for the Eleventh Circuit found that Fla. Stat. § 400.145 and HIPAA and its implementing regulations could not be reconciled and that the Florida law stood as an obstacle to the accomplishment of HIPAA’s purposes and objectives in ...