The Florida Legislature just lately amended the Florida Digital Well being Data Alternate Act (the “Act”) to ban sure fitness care suppliers using qualified digital fitness report applied sciences from storing certified digital fitness information[1] out of doors of the US, its territories, or Canada.[2] Considerably, the prohibition additionally extends to certified digital fitness information which might be saved via a third-party or subcontracted computing facility or cloud provider supplier.[3]
In impact, qualifying fitness care suppliers would possibly not themselves retailer certified digital fitness information offshore, nor can they depend on third-party distributors who function offshore. Additionally it is essential to emphasise that the concept that of garage extends to a get together’s skill to retrieve, get admission to, and even transmit certified digital fitness information.[4] This idea turns into a priority the place a 3rd get together contractor out of doors of the US, its territories, or Canada, reminiscent of an IT reinforce supplier, digital fitness information platform, or knowledge access subcontractor, is in a position to get admission to certified digital fitness information which might be another way saved on servers inside the US.
For functions of this offshore prohibition, a “fitness care supplier” contains sure qualifying:
- Well being care practitioners authorized or authorized below Florida legislation, reminiscent of physicians, doctor assistants, acupuncturists, chiropractors, podiatrists, naturopathic physicians, optometrists, nurses, pharmacists, dentists, speech pathologists, occupational therapists, nursing house directors, dieticians, athletic running shoes, therapeutic massage therapists, amongst others.
- Well being care amenities and linked provider suppliers, reminiscent of hospitals, ambulatory surgical facilities, nursing houses, assisted dwelling amenities, pharmacies, house fitness companies, nurse registries, spouse products and services or homemaker products and services suppliers, grownup day care facilities, hospices, laboratories licensed to accomplish checking out below the Drug-Loose Administrative center Act, beginning facilities, abortion clinics, disaster stabilization gadgets, temporary residential remedy amenities, residential remedy facilities for kids and teens, grownup family-care houses, transitional dwelling amenities, prescribed pediatric prolonged care facilities, house scientific apparatus suppliers, intermediate care amenities for individuals with building disabilities, fitness care products and services swimming pools, fitness care clinics, organ, tissues, and eye procurement organizations, proceeding care amenities, amongst others.
- Authorized amenities and suppliers furnishing psychological fitness or substance abuse products and services, together with their respective scientific and non-clinical body of workers who reinforce inpatient and outpatient products and services.[5]
The Act is slated to take impact on July 1, 2023. Qualifying fitness care suppliers must assess the place digital affected person data is saved, together with whether or not third-party distributors (reminiscent of IT reinforce, scheduling reinforce, and so forth.) out of doors of the US or Canada have get admission to to the affected person data. The place there’s a war, qualifying fitness care suppliers might wish to start transitioning affected person data to new garage places or take steps to be sure that get admission to to affected person data is accurately restricted previous to the Act’s efficient date.
In case you have any questions on this contemporary law or its affect for your group, please touch a member of the Sheppard Mullin Healthcare Group.
FOOTNOTES
[1] Fla. Stat. § 408.051(3). For functions of the Act, a “certified digital fitness report” contains “an digital report of health-related data relating to a person which incorporates affected person demographic and scientific fitness data, reminiscent of scientific historical past and downside lists, and which has the capability to supply scientific choice reinforce, to reinforce doctor order access, to seize and question data related to fitness care high quality, and to switch digital fitness data with, and combine such data from, different assets.” Fla. Stat. § 408.051(2).
[2] Fla. Stat. § 408.051(3).
[3] Fla. Stat. § 408.051(3).
[4] Fla. Stat. § 408.051(3).
[5] Fla. Stat. § 408.051(2).
