| sanctions
(Florida)
Records
owners who violate the requirements for access,
accounting,
authorization
and disclosure or other requirements for handing of medical
records are subject to disciplinary action by the "appropriate
licensing authoriy." (FL Stat 456.057)
The Florida Attorney
General is authorized to enforce such provisions for records
owners "not otherwise licensed by the state," which
may include "injunctive relief and fines not to exceed
$5,000 per violation.
The above does
not apply to hospitals, which are covered under chapter 395.
That section of the statutes is mostly silent on penalties
for failure to meet access, accounting, and authorization/disclosure
standards.
Health care facilities
and providers that fail to provide a notice of rights under
the Patient's Bill of Rights and Responsibilities are subject
to fines, at least if those failures are intentional, willful
or repeated. (381.0261)
Employers may be
liable for damages for failure to maintain the confidentiality
of health records related
to their benefit programs, particularly if the violation is
"intentional" or "reckless." (760.60)
Unauthorized disclosures
of records by agents of the state department of health are
a misdemeanor. (395.3025) Presumably the same holds true for
unauthorized disclosures by agents of other state departments
and agencies, though the statutes are not specific about each
case.
See also:
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