News & Analysis as of

Health Care Providers State and Local Government Florida

Shumaker, Loop & Kendrick, LLP

Client Alert: Florida’s New Proposed “Data Breach Transparency Rule”

The Agency for Health Care Administration (AHCA) has proposed a new Florida Administrative Code Regulation (Rule) regarding "data breach transparency." The Rule will apply to the following...more

King & Spalding

Florida Magistrate Judge Rules Against Florida’s Efforts to Prohibit CMS from Enforcing an Informational Bulletin on Health...

King & Spalding on

On January 29, 2023, a Florida Magistrate Judge recommended denying the State of Florida’s Motion for Preliminary Injunction and granting CMS’s Motion to Dismiss in connection with the implementation and enforcement of its...more

Bradley Arant Boult Cummings LLP

Florida Bill Proposes Safe Harbor Against Breach Suits to Businesses Maintaining Recognized Cybersecurity Programs

A recently introduced bill in the Florida Legislature would provide businesses operating in Florida, including health care providers, with a legal defense to data breach lawsuits if they maintain robust cybersecurity measures...more

McDermott Will & Schulte

Weight-Loss Programs in Florida: State Law Considerations for GLP-1 Telehealth Providers

As more telehealth providers offer weight-loss programs, they should be aware of the potential impact of state laws and regulations. In this blog post, we take a closer look at Florida’s consumer protection laws regarding...more

McDermott Will & Schulte

Reforms to the Florida Patient Self-Referral Act: A Closer Look at the Impact of SB 768

Florida Senate Bill 768 (SB 768) amends the Florida Patient Self-Referral Act of 1992 (PSRA), which regulates financial arrangements between referring healthcare providers and providers of healthcare services. This amendment,...more

Sheppard Mullin Richter & Hampton LLP

Florida Bans Offshoring of Certain Patient Information

The Florida Legislature recently amended the Florida Electronic Health Records Exchange Act (the “Act”) to prohibit certain health care providers utilizing certified electronic health record technologies from storing...more

Bradley Arant Boult Cummings LLP

New Florida Law Will Ban Offshoring of Certain Patient Data

Effective July 1, 2023, a new Florida law will limit certain health care providers from storing patient information offshore. CS/CS/SB 264 (Chapter 2023-33, Laws of Florida), amends the Florida Electronic Health Records...more

Bass, Berry & Sims PLC

Florida Medicaid Providers: New $15 Minimum Wage Requirements

Bass, Berry & Sims PLC on

Effective October 1, 2022, certain providers participating in the Florida Medicaid program will be required to pay direct care workers a minimum of $15 per hour. Below we’ve outlined which organizations are subject to this...more

Faegre Drinker Biddle & Reath LLP

Court Rejects Healthcare Facility’s Use of Emergency Purpose Exception

The Middle District of Florida recently held that a defendant cannot invoke the “emergency purposes” exception to the TCPA if the defendant continues to send messages after the plaintiff has instructed the defendant to stop. ...more

Shumaker, Loop & Kendrick, LLP

COVID-19 Vaccine Passports and Health Care Providers

On May 3, 2021, Florida Governor Ron DeSantis signed into law Senate Bill 2006, which goes into effect July 1, 2021. Senate Bill 2006 includes new Florida Statute (Fla. Stat.) § 381.00316, entitled “COVID-19 vaccine...more

Hahn Loeser & Parks LLP

Florida's New COVID-19 Liability Protection Law

On March 29, 2021, Governor Ron DeSantis signed into law Senate Bill 72 (2021) to protect Florida individuals and businesses against lawsuits claiming COVID-19 related damages, injuries or death. WHO IS PROTECTED BY...more

Rumberger | Kirk

Florida Governor Signs COVID Liability Limitation Bill into Law

Rumberger | Kirk on

On March 29, 2021, Florida Governor Ron DeSantis signed SB 72 into law, providing civil liability for business entities for COVID-19 related claims for damages, injury, or death in certain circumstances, and only after the...more

Rumberger | Kirk

Legislative Update: COVID-19 General Liability Legislation Passes First Key Vote

Rumberger | Kirk on

Florida House Bill 7 (HB 7), Civil Liability for Damages Relating to COVID-19, passed an important hurdle on Friday, March 5, 2021.  House Bill 7 (HB 7) and corresponding Senate Bill 72 (SB 72) limit exposure and liability...more

Lowndes

Updated: Florida Legislature Advancing COVID-19 Liability Shield Bills

Lowndes on

Updated March 9, 2021 - On March 5, 2021, Florida’s House passed HB 7 which if ratified by the Senate and signed by the Governor will make proving a personal injury case arising from COVID liability in Florida all but...more

Akerman LLP - Health Law Rx

The Sun is Rising on COVID Liability Protection for Florida Healthcare Providers

Good news is here for healthcare providers worried about being left out of COVID-19-related liability protections during the 2021 Florida Legislative Session! The Republican-led Legislature, supported by Governor Ron...more

Lowndes

Florida Legislature Advancing COVID-19 Liability Shield Bills

Lowndes on

House Bill 7 has advanced to the last Florida legislative committee prior to a full vote to make it law. If passed, HB7 will provide liability defense to companies from claims brought by plaintiff’s arising from contracting...more

McDermott Will & Schulte

Florida’s Extension of its COVID-19 Out-of-State Provider Waiver: A Sign of the Times

Background: Issuing Florida’s Emergency Order - On March 16, 2020, Florida Surgeon General Dr. Scott Rivkees signed, stamped and finalized Emergency Order 20-002. In doing so, Florida joined what would become the vast...more

Shumaker, Loop & Kendrick, LLP

Client Alert: Florida E-Prescribing Requirements

Electronic prescribing (“e-prescribing”) allows health care providers to submit prescriptions to a pharmacy electronically, using a secure software system. E-prescribing increases patient safety, security, and efficiency...more

Akerman LLP - Health Law Rx

2020 Legislative Session –A Sampling of Health Related Bills Filed

The 2020 Legislative Session will begin its 60-day trek to completion on Tuesday, January 14, 2020. The following is a sample of bills that have been filed. We encourage you to review these bills, and contact us with specific...more

Epstein Becker & Green

Florida Law Limits Physician Restrictive Covenants in Rural Counties

Epstein Becker & Green on

A recently passed Florida law, Florida Statutes 542.336 seeks to prevent medical providers from using restrictive covenants to monopolize medical specialties in rural counties. The law bars the enforcement of “restrictive...more

Akerman LLP - Health Law Rx

Paper Prescription Pads to go the Way of the Horse and Buggy as Prescribers Will Soon Be Required to Electronically Transmit...

Governor Desantis recently signed House Bill 831, which will require certain healthcare practitioners to “electronically transmit prescriptions”. Unfortunately, the legislature left this term undefined, creating some...more

Polsinelli

Florida Now Requires Physicians to Inform Patients About Non-Opioid Alternatives

Polsinelli on

As the country continues to enact new laws to address the opioid crisis, the Florida legislature has followed suit. House Bill 451 now requires that, before prescribing, ordering, dispensing or administering an opioid to...more

Akerman LLP - Health Law Rx

Proposed Florida House Legislation Advances, Requiring Reporting to the State Proposed Hospital and Group Practice Acquisitions

A bill recently introduced in the Florida legislature (HB 1243) requires Florida hospitals and group physician practices contemplating mergers or acquisitions to provide advance notice of such transactions to the Florida...more

Rumberger | Kirk

Morris v. Muniz: A Sword Against Whom?

Rumberger | Kirk on

Until recently, there had been confusion regarding the application of Florida’s Medical Malpractice Act (the “Act”) as it pertains to (1) the proper appellate standard of review of a presuit expert’s qualifications, and (2)...more

Akerman LLP - Health Law Rx

Florida Clinic License Exemptions Subject to Change

Holders of Florida healthcare clinic license exemptions take note. Exemption certificates, which currently bear no expiration date, will expire every two years if a bill recently passed by the Florida Legislature becomes law....more

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