Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 35 No. 9, March 6, 2009 issue of the Florida Administrative Weekly.

33-401.701 Medical and Substance Abuse Clinical Files.

(1) through (9) No change.

(10) Use and disclosure of protected health information.

(a) through (g) No change.

(h) In accordance with 45 C.F.R. § 164.502, a personal representative of a deceased inmate shall have access to or authorize the disclosure of the deceased inmate’s protected health information that is relevant to the personal representative’s legal authority to act on behalf of the deceased inmate or the deceased inmate’s estate. To authorize the disclosure of the deceased inmate’s protected health information, ~~A certified copy of a letter of administration or other document demonstrating the legal authority of the personal representative shall be filed in the inmate’s medical file and~~ Form DC4-711B, Consent and Authorization for Use and Disclosure Inspection and Release of Confidential Information must be signed by a personal representative. In accordance with 45 C.F.R. § 164.514(h)(1), the Department shall verify and document the authority of the personal representative to serve in that capacity.

(i) In accordance with 45 C.F.R. § 164.502, a personal representative of a living inmate shall have access to or authorize the disclosure of the inmate’s protected health information that is relevant to the personal representative’s legal authority to make health care decisions on behalf of the inmate. Form DC4-711B, Consent and Authorization for Use and Disclosure Inspection and Release of Confidential Information shall be signed by the inmate or the inmate’s personal representative in accordance with Florida law. In accordance with 45 C.F.R. § 164.514(h)(1), the Department shall verify and document the authority of the personal representative to serve in that capacity. ~~A copy of a health care surrogate form, durable power of attorney, or other document demonstrating the personal representative’s authority shall be filed in the inmate’s medical file.~~

(j) through (m) No change.

(11) through (12) No change.

Rulemaking Authority 944.09, 945.10 FS. Law Implemented 119.07, 395.3025, 944.09, 945.10, 945.25, 945.6034 FS. History– New________.