Law / United States /
Florida
Florida Electronic Health Records Exchange Act: location of stored patient information
In force since .
A cross border transfer rule binding public and private bodies.
- Enforcement body
- The agency, by disciplinary action against a licensee (section 408.810(14))
- Obligation class
- Transfer, Security
- Audit expectation
- none
As of .
What it requires
- If you are a health care provider that uses certified electronic health record technology, keep all patient information stored in an offsite physical or virtual environment, including with a third-party or subcontracted computing facility or a cloud computing service, physically within the continental United States, its territories or Canada.
- If you are a licensee, sign an affidavit with your initial application and each renewal attesting under penalty of perjury that you comply with this location requirement.
These lines are LexLint's reading of the law's text, as of .
What this law does
A health care provider that uses certified electronic health record technology must ensure that all patient information stored in an offsite physical or virtual environment, including through a third-party or subcontracted computing facility or a cloud computing service, is physically maintained in the continental United States or its territories or Canada.
Section 408.051(3) applies to all qualified electronic health records that are stored using any technology that can allow information to be electronically retrieved, accessed, or transmitted. A licensee must sign an affidavit at initial application and on each renewal attesting under penalty of perjury that it complies with section 408.051(3), and must remain in compliance or be subject to disciplinary action by the agency.
When LexLint raises it
When your app profile says your app handles health records.