Law / United States / Florida

Florida Electronic Health Records Exchange Act: location of stored patient information

Fla. Stat. § 408.051(3)

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

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Research summary

Legal information, not legal advice. This is LexLint's own research summary of a public legal source, and it creates no attorney-client relationship. For decisions that matter, consult qualified counsel in the relevant jurisdiction. About LexLint

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.

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