State laws that are more protective of health privacy take precedence over -- or, to use the legal term, preempt -- the federal requirements under HIPAA. (See Health Privacy Protections Under Federal Law.)
Citizens of this state already have a general right to privacy in health care, under the provisions of the Florida Patients Bill of Rights and Responsibilities (among other laws).
Florida laws provide that:
Disease- and condition-specific rules for protection and disclosure also obtain for cancer, genetic-testing, HIV/AIDS, mental health, STDs and substance abuse, among others.
Florida provider responsibilities
Health care providers and facilities in Florida must:
Those that fail to do so are subject to civil and criminal sanctions, just as under HIPAA.
Unlike with HIPAA, there is no state requirement for a privacy officer, nor for workforce education on privacy issues. Which is why many providers and patients are unaware of what the state's laws already require.
last modified: 10-Feb-2003 [RC]