Florida nursing homes need to be aware of a decision of the US Court of Appeals for the Eleventh Circuit which held that HIPAA preempts a Florida statute that authorizes nursing homes to release records of deceased residents to spouses, persons with a power of attorney, and others. HIPAA only authorizes release of records of a decedent to the decedent’s personal representative. That more restrictive HIPAA provision preempts Florida Statutes Section 400.145. see Opis Management Resources LLC v. AHCA.
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