New Board of Medicine Rule on Disposition of Medical Records Upon Death of Physician

IndestBy George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

Rule 64B8-10.001, Florida Administrative Code, was recently updated by the Florida Board of Medicine for the Department of Health (DOH).  The final adopted rule was implemented on November 11, 2015.  This latest version of the rule entitled, “Medical Records of Deceased Physician; Retention, Time Limitations,” adds a mandate to section (1) stipulating additional measures to be taken to ensure access in an evolving practice that now includes electronic medical files.

New Requirement for Retention and Access of Electronically Stored Medical Records.

The new wording states: “Physicians must take proactive measures to ensure that their executor, administrator, personal representative or survivor have access to both paper and electronic medical records.  Such access must include passwords for medical records maintained in an electronic format.”  This new requirement ensures retention and access of all patient medical files (both paper and electronic format) throughout the two year time period from the date of the physician’s death.  To read the entirety of the updated rule adopted by the FAC, click here.

The Rise of Health Information Technology.

This new wording to the existing rule in the FAC is just another indicator as to the rise of technology in health care.  The law will need to remain congruent with the modern practice of medicine as more hospitals and physicians utilize technological devices in the workplace to access electronically maintained patient medical records.  This is just one of the many ways in which health information technology has impacted the law and necessitated a revision to existing rules.

For more information on health information technology access the toolkit created by the Alliance for Health Reform here.

Consulting with an experienced health attorney can assist you and your medical practice in ensuring compliance with the law and remaining up-to-date on any relevant legal changes or issues in health care, including regulations as to electronically stored information.

Contact Health Law Attorneys Experienced in Representing Health Care Professionals and Providers.

At the Health Law Firm we provide legal services for all health care providers and professionals. This includes physicians, nurses, dentists, psychologists, psychiatrists, mental health counselors, Durable Medical Equipment suppliers, medical students and interns, hospitals, ambulatory surgical centers, pain management clinics, nursing homes, and any other health care provider. We represent facilities, individuals, groups and institutions in contracts, sales, mergers and acquisitions.

The lawyers of The Health Law Firm are experienced in both formal and informal administrative hearings and in representing physicians in investigations and at Board of Medicine and Board of Osteopathic Medicine hearings. We represent physicians accused of wrongdoing, in patient complaints and in Department of Health investigations.

To contact The Health Law Firm, please call (407) 331-6620 and visit our website at www.TheHealthLawFirm.com.

Sources:

Rule 64B8-10.001, Florida Administrative Code.

Takvorian, Sam.  “A Reporter’s Toolkit: Health Information Technology.”  Alliance for Health Reform.  Web.  25 Nov. 2015.

About the Author: George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law.  He is the President and Managing Partner of The Health Law Firm, which has a national practice.  Its main office is in the Orlando, Florida area.  www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Ave., Altamonte Springs, FL 32714, Phone: (407) 331-6620.

Keywords: Florida health attorney, patient medical records, health law attorney, Florida health lawyer, deceased physician, The Health Law Firm, health law defense lawyer, access to patient records, Florida Board of Medicine rules, Florida Administrative Code (FAC), patient records review, health professional attorney, health law, health information technology, medical records of deceased physician, FAC compliance, electronically maintained patient files, Department of Health (DOH) rule revisions, physician attorney, executor of physician estate

“The Health Law Firm” is a registered fictitious business name of George F. Indest III, P.A. – The Health Law Firm, a Florida professional service corporation, since 1999.
Copyright © 1996-2015 The Health Law Firm. All rights reserved.

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