| marketing
(Florida)
In general, a records
owner may not furnish a patient's medical
records to, or discuss the medical condition of a patient
with, any person other than the patient or the patient's legal
representative, or other health care practitioners and providers
involved in the care or treatment of the patient, except upon
written authorization
of the patient.
As regards marketing
uses, "[a]bsent a specific written release or authorization
permitting utilization of patient information for solicitation
or marketing the sale of goods or services, any use of that
information for those purposes is prohibited." (FL Stat
456.057)
Strictly speaking,
these limitations on records owners do not apply to hospitals
and ambulatory surgical centers, which are regulated separately
(under chapter 395). However, for the most part, those other
statutes provide similar limitations on disclosure absent
"consent"; indeed, the restriction of solicitation
and marketing use is repeated verbatim, so it clearly applies
across the board. (FL Stat 395.025)
These prohibitions
appear to be more stringent than the marketing provisions
of HIPAA, and so would not be preempted. Note, however, that
HIPAA qualifies a large range of activities that could be
considered organizational self-promotion as "not marketing,"
and Florida statutes offer no clear counter-definition.
See also:
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