Disclosure of Medical Records: Who Gets Access and How to Document It
Overview of Florida's Medical Records Laws
Every physician is aware of the need to maintain accurate medical records for each of
their patients. Accurate medical records are crucial to providing quality health care by
serving as a basis for planning a patient's health care and recording essential medical
information concerning the patient's condition and treatment. Moreover, the records protect
the physician legally by documenting the patient's changing medical condition and evaluation,
as well as actions taken by the primary care and consulting physicians. Furthermore, the need
for adequate medical records is recognized not only by physicians themselves, but also by the
state, which has passed statutes and rules regulating the content, retention, and accessibility
of medical records.
There are two primary statutes dealing with medical records; Section 455.667, Florida
Statutes, governs the release of medical records maintained in a physician's office
and Section 395.3025, Florida Statutes, governs the release of hospital medical records.
Section 455.667, Florida Statutes, provides that medical records maintained by a physician
are confidential. The statute, however, provides several exceptions to the general rule. First, medical records may be furnished to a third party upon written authorization of the patient. Second, unless otherwise prohibited, medical records may be furnished to a third party when compelled to do so by subpoena for a deposition, evidentiary hearing, or trial. Finally, medical records may be furnished in a medical negligence action when a health care provider is or reasonably expects to be named as a defendant. Finally, medical records may be furnished to other health care providers involved in the treatment or care of the patient.
The Disclosure of Medical Records document covers the following topics: Patients or Patients' Representatives,
Access by Non-Patients; Rights of Access, Terms and Documentation for Records, Release and Charges for Copies, etc.
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