Health information exchange participation agreements are contracts among stakeholders that describe how they will share data with each other and protect the interests of providers that agree to share their data. The Agency has developed standard data-sharing and end user agreements for participants in the statewide health information exchange infrastructure. There is a subscription agreement for Patient Look-Up Services and a separate agreement for Direct Secure Messaging.
The Patient Lookup Subscription Agreement is signed by entities that agree to connect to the state level infrastructure for data sharing, such as hospital's integrated delivery network or a regional health information organization. The agreement covers all users affiliated with the signing entity.
The Direct Secure Messaging (DSM) Agreement is signed by entities that register for the service, agreeing to use it for permitted purposes in sending health information to other authorized entities using DSM, such as physicians, hospitals, nursing homes, clinics and other health care providers. The agreement covers all users affiliated with the signing entity who also register and are approved by the entity.
The Agency developed these Subscription Agreements with the advice and expertise of the Health Information Exchange Coordinating Council (HIECC), HIE Legal Work Group, and other stakeholders as part of implementing Florida's Health Information Exchange Strategic and Operational Plan.
Copies of the Subscription Agreements are available at: www.florida-hie.net/.
Florida law requires patient authorization for disclosure of sensitive health data with exceptions allowed in medical emergencies. An authorization form can be used by a patient or his/her authorized legal representative to authorize a healthcare provider to obtain the patient’s records from another provider. It may be used by providers participating in health information exchanges as applicable.
The link below is to an authorization form (the “Florida Form”) that meets the requirement of the Florida HIE Subscription Agreement for Patient Look-Up. Providers may also use their own authorization form but it must be legally equivalent to the form adopted in Rule below:
The link below is to additional authorization form that may be used when exchanging health information with other participants that have registered for Florida HIE Direct Secure Messaging. Either the Full or Limited Patient Authorization forms may be used for Direct Secure Messaging consistent with federal and state law.
Universal Patient Authorization for Limited Disclosure (.pdf 292KB)
Universal Patient Authorization for Limited Disclosure - Spanish (.pdf 302 KB)
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.
Please see Privacy Regulations on this website for additional information.