Rule Development

Universal Patient Authorization Rule
The Florida Electronic Health Records Exchange Act directs the Agency to develop universal patient authorization forms in both paper and electronic formats which may be used by a health care provider to document patient permission for the disclosure and use, in any form or medium, of an identifiable health record.

Rules 59B-16.001 and 59B-16.003 provide for the incorporation by reference of the Universal Patient Authorization Form for Full Disclosure of Health Information for Treatment and Quality of Care, the Universal Patient Authorization Form for Limited Disclosure of Health Information and accompanying instructions.  The universal patient authorization forms, properly completed, must be accepted by a provider as valid authorization to release an identifiable health record.  The forms provide instructions for completion that must be met to create the rebuttable presumption that the  release of the identifiable health record was appropriate as provided in s. 408.051 (4) F. S.

NOTICE OF PROPOSED CHANGE:

Notice of Change to Rule 59B, Florida Administrative Code (.pdf 14KB)
Universal Patient Authorization Form for Full Disclosure of Health Information for Treatment and Quality of Care (.pdf 175KB)
Universal Patient Authorization for Limited Disclosure of Health Information for Treatment and Quality of Care (.pdf 138KB)

NOTICE OF PROPOSED RULE:

SUMMARY: The agency is proposing a rule that will establish new rules 59B-16.001 and 59B-16.003 providing for the incorporation by reference of the Universal Patient Authorization Form for Full Disclosure of Health Information for Treatment and Quality of Care, the Universal Patient Authorization Form for Limited Disclosure of Health Information and accompanying instructions. The forms provide instructions for the completion of the form that must be met to create the rebuttable presumption that the release of identifiable health record was appropriate.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF NOTICE (APRIL 2, 2010), A HEARING ON THE PROPOSED RULE WILL BE HELD AT THE TIME, DATE AND PLACE SHOWN BELOW:

Note: Comments from the Joint Administrative Procedures Committee (JAPC) are posted below. The Agency will issue a Rule Change addressing JAPC comments. The public hearing tentatively planned for April 30, 2010 was not requested/held.

Rule Documentation:
Joint Administrative Procedures Committee Comments (.pdf 61KB)
Notice of Proposed Rule (.pdf 18KB)
Final Full Disclosure Patient Authorization Form (.pdf 177KB)
Final Limited Disclosure Patient Authorization Form (.pdf 139KB)

Rule Documentation:
Agenda (.pdf 38KB)
Notice of Development of Rulemaking (.pdf 89.4KB)
Proposed Full Disclosure Patient Authorization Form (.pdf 653KB)
Proposed Limited Disclosure Patient Authorization Form (.pdf 526KB)

Minutes:
Minute for the February 5, 2010 Rule Development Workshop (.pdf KB)

For additional information, please contact Carolyn Turner at (850) 922-5861 in the Florida Center for Health Information and Policy Analysis.

September 15, 2009 Rule Comments Received by Email:

9-15-09 Emails - All Comments (.pdf 282KB)

Bill Dillon (.pdf 123KB)
Bob MacDonald (.pdf 113KB)
Darrell White (.pdf 178KB)
FHIMA (.pdf 196KB)
Harry Rhodes (.pdf 115KB)
Jan Gorrie (.pdf 116KB)
Jennifer Hinson, FMA (.pdf 106KB)
Linda Renn (.pdf 279KB)
Robert Newell (.pdf 124KB)
Rodney Johnson (.pdf 131KB)

August 21, 2009 Rule Workshop Summary (.pdf 21KB)
Rule Development Workshop Agenda (.pdf 45KB)
Patient Authorization Rule Development (.pdf 16KB)
Universal Patient Authorization Form (.pdf 15KB)

Comments From the August 21, 2009 Rule Hearing:
AHIMA Health Information Exchange – Practice Council (HIEPC) (.pdf 112KB)
William Dillon, Esq. - Individually and on behalf of individual members of the Florida Bar Health Law Section (.pdf 390KB)
Cornerstone Hospice (.pdf 135KB)
Florida Department of Health (.pdf 51KB)
Florida Health Information Management Association (.pdf 154KB)
Florida Hospices and Plliative Care, Inc. (.pdf 68KB)
Florida Justice Association (.pdf 41KB)
Linda Renn - FHIMA (.pdf 35KB)
Robert Newell - Avow Hospice (.pdf 148KB)