Beginning July 1, the Florida Information Protection Act of 2014 requires that health care providers and other Florida businesses take additional steps to protect consumers’ personal information.
This means that Florida health care providers and business associates must now comply with HIPAA and the newly enacted state privacy law.
The new law broadens the definition of personal information, shortens the time for reporting of breaches to 30 days (from 45 days), and requires that breaches be reported to affected consumers as well as to the Florida Department of Legal Affairs.
The law defines “breach” to mean any unauthorized access of data in electronic form containing personal information.
There are exceptions to the consumer notification requirement in certain circumstances. However, health care organizations are required to consult with relevant federal, state or local law enforcement agencies in making that determination. If it is reasonably determined that the breach will not likely result in identity theft or other financial harm to the individual, that determination must be documented in writing by the organization and maintained for five years.
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This publication is for general information only. It is not legal advice, and legal counsel should be contacted before any action is taken that might be influenced by this publication.
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