Issues with HIPAA and nursing home care have arisen over disclosure of medical records of deceased residents. Several years ago, a federal appeals court had to decide a case involving HIPAA and nursing home care. The court had to decide whether a Florida medical records law requiring release of PHI of deceased individuals to their spouses or guardians, was preempted by (gave way to) the HIPAA Privacy Rule. A state law is preempted by HIPAA if that state law directly conflicts with HIPAA; that is, the state law is preempted if compliance with both the state and federal law is physically impossible. A state law is also preempted if the state law interferes with the objective of Congress in having passed HIPAA.<\/p>\n
The \u201cHIPAA and Nursing Home Care\u201d case hinged on the issue of whether the Florida law permitting PHI disclosure had to give way to the HIPAA Privacy Rule<\/a>, which requires that PHI<\/a> remain protected for 50 years after a patient\u2019s death, with certain exceptions.<\/p>\n In this case, Opis Management Resources, LLC v. Secretary, Florida Agency for Health Care Administration<\/em>, a Florida law required nursing homes to disclose the medical records of deceased residents to certain individuals (spouses and attorneys-in-fact) who requested them.<\/p>\n Click here to view full original article at www.jdsupra.com<\/a><\/p>\n \n","protected":false},"excerpt":{"rendered":" Issues with HIPAA and nursing home care have arisen over disclosure of medical records of deceased residents. Several years ago, a federal appeals court had to decide a case involving HIPAA and nursing home care. The court had to decide whether a Florida medical records law requiring release of PHI of deceased individuals to their spouses or guardians, was preempted by (gave way to) the HIPAA Privacy Rule. A state law is preempted by HIPAA if that state law directly conflicts with HIPAA; that is, the state law is preempted if compliance with both the state and federal law is physically impossible.… Read More <\/a><\/p>","protected":false},"author":1,"featured_media":138,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[3,10],"tags":[17,13],"_links":{"self":[{"href":"https:\/\/apexcompliance.net\/wp-json\/wp\/v2\/posts\/127"}],"collection":[{"href":"https:\/\/apexcompliance.net\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/apexcompliance.net\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/apexcompliance.net\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/apexcompliance.net\/wp-json\/wp\/v2\/comments?post=127"}],"version-history":[{"count":0,"href":"https:\/\/apexcompliance.net\/wp-json\/wp\/v2\/posts\/127\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/apexcompliance.net\/wp-json\/wp\/v2\/media\/138"}],"wp:attachment":[{"href":"https:\/\/apexcompliance.net\/wp-json\/wp\/v2\/media?parent=127"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/apexcompliance.net\/wp-json\/wp\/v2\/categories?post=127"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/apexcompliance.net\/wp-json\/wp\/v2\/tags?post=127"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}