9938734, 59B-16.001 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 9938734

Notice of Development of Rulemaking

Department:

AGENCY FOR HEALTH CARE ADMINISTRATION

Division:

Cost Management and Control

Chapter:

ELECTRONIC HEALTH RECORDS

Overview

RULE:

59B-16.001	Definitions
59B-16.002	Universal Patient Authorization Forms

PURPOSE:

The purpose and effect of the rule development is to revise the Universal Patient Authorization Form for Full Disclosure of Health Information for Treatment and Quality of Care incorporated by reference as AHCA Form FC4200-004 and the Universal Patient Authorization Form for Limited Disclosure of Health Information incorporated by reference as AHCA Form FC4200-005 to provide that the effective period of authorization ends at withdrawal of permission or date of death whichever occurs earlier, to adopt Spanish versions of the forms incorporated by reference as AHCA Form FC4200-006 and AHCA Form 4200-007 under the provisions of Section 408.051(4), F.S, remove an incorrect reference to Rule 59B-16.003, F.A.C., and correct the rulemaking authority citations under Rules 59B-16.001 and 59B-16.002, F.A.C. The Universal Patient Authorization forms need to be amended due to Federal guidance issued on June 16, 2010, by U.S. Health and Human Services (HHS), Substance Abuse and Mental Health Services Administration. This federal guidance requires a change to the form to comply with HHS’s interpretation of the federal law governing patient consent for the release of patient records from federally funded substance abuse treatment programs that are subject to Title 42 Code of Federal Regulations (CFR) Chapter 1, Part 2, Confidentiality of alcohol and drug abuse patient records.

SUBJECT:

The Agency is proposing to revise the English version of the Universal Patient Authorization Form for Full Disclosure of Health Information for Treatment and Quality of Care and the English version of the Universal Patient Authorization Form for Limited Disclosure of Health Information incorporated by reference in Rule 59B-16.002, amend Rule 59B-16.002, F.A.C., to incorporate by reference a Spanish version of the Universal Patient Authorization Form for Full Disclosure of Health Information for Treatment and Quality of Care and a Spanish version of the Universal Patient Authorization Form for Limited Disclosure of Health Information, revise Rule 59B-16.001, F.A.C., to remove an incorrect rule reference, and correct the rulemaking authority citations under Rules 59B-16.001 and 59B-16.002, F.A.C.

RULEMAKING AUTHORITY:

408.15(8) FS.

LAW:

408.051(4) FS.

PRINT PUBLISH DATE:

5/27/2011 Vol. 37/21

RELATED STATUTES
AND LAWS:

408.15(8) FS., 408.051(4) FS.

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://www.flrules.org/gateway/ruleno.asp?id=59B-16.001&PDate=5/27/2011&Section=1

REFERENCE MATERIALS:

No reference(s).

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