The 2023 Florida Statutes (including Special Session C)
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. . . See §§ 395.3025, 456.057, Fla. Stat. (2016). . . .
. . . fiduciary duty, the trial court concluded that LeBlanc was not authorized to bring a claim under section 456.057 . . . conclusion, LeBlanc brought his claim against Acevedo under the common law and never claimed that section 456.057 . . . While not suing specifically under section 456.057, LeBlanc correctly points out that statutory confidentiality . . . Section 456.057(8), provides that "information disclosed to a health care practitioner by a patient in . . . Similarly, section 456.057 indicates an intent to protect patients from "unauthorized disclosure," and . . .
. . . listed in section 90.503(4), she argues that she is nevertheless entitled to the records under sections 456.057 . . . Based on our review of sections 395.3025, 456.057, and 90.503, and the relevant case law, we reject this . . . Section 456.057, which deals with general medical records, contains similar language. . . . enumerated exceptions in section 90.503(4) because she may compel disclosure under sections 395.3025 and 456.057 . . .
. . . Fass, 450 So.2d 858 (Fla. 1984), superseded by statute, § 456.057, Fla. Stat. (2009); Hasan v. . . .
. . . by failing to comply with the substantive notice and authorization requirements set forth in section 456.057 . . . In addition to citing HIPAA, she cites to section 456.057 in support of her position. . . . [i]n response to an order of a court” without notice or authorization, it appears that section 456.057 . . . Thus, as we have previously explained, “[sjection 456.057(7) contains a broad prohibition preventing . . . court’s order departs from the essential requirements of the law by failing to comply with section 456.057 . . .
. . . all requestors, The Board’s legislative authority to enact and amend the rule is granted by sections 456.057 . . . applicable rulemaking procedures or exceeded its rulemaking authority under sections 456.004(1) and 456.057 . . .
. . . . § 456.057(7)(a), and there is no evidence that doctors or medical professionals have been improperly . . .
. . . that charges assessed to their legal representatives for these records exceeded the limits of section 456.057 . . . First, the Complaint references section 456.057(6), Florida Statutes (2013), which provides: Any health . . . Next, the Complaint references section 456.057(17), Florida Statutes (2013), which provides: A health . . . assistants, pharmacists, dental hygienists, respiratory therapists and others specified in section 456.057 . . .
. . . 474.2165, Florida Statutes (2013), which governs veterinarian records, mirrors the language of sections 456.057 . . .
. . . . § 456.057(7)(a). . . . .
. . . Section 456.057(7)(c), Florida Statutes (2013), explains that “[(Information disclosed to a health care . . . treatment obtained from defendant’s doctors where the detective made no attempt to comply with section 456.057 . . . Section 456.057(6) defines medical records as, “reports and records relating to ... examination or treatment . . . unrelated to her examination and treatment and therefore not a “medical record” pursuant to section 456.057 . . . alleged perpetrator of abuse, neglect, or as in the instant case, attempted homicide, can use section 456.057 . . .
. . . . § 456.057(7)(a). . . . .
. . . Hospital, so as to determine whether such communications constitute “disclosures” prohibited by section 456.057 . . . University of Miami and concluded therefore that such communications were not prohibited under section 456.057 . . .
. . . I, section 23, of the Florida Constitution, and the physician-patient privilege codified in section 456.057 . . . Barahona, as a matter of reciprocal discovery. . §§ 395.3025(4) and 456.057, Fla. Stat. (2014). . . .
. . . See § 456.057(7)(a)3, Fla. . . . Richter, 671 So.2d 149, 154 (Fla.1996); see § 456.057(7)(a), Fla. . . . Hasan, 108 So.3d at 576; see § 456.057(7)(a)l-5. . . . Section 456.057(8) of the Florida Statutes excepts from section 456.057(7) “medical negligence actionfs . . . Section 456.057(7)(a), provides: However, such records may be furnished without written authorization . . .
. . . Because the records at issue are confidential, see, e.g., §§ 456.057(7)(a), 945.10(1)(a), Fla. . . . First, because such records are confidential, see § 456.057(7)(a), Fla. . . .
. . . Sections 395.3025(4)(d) and 456.057(7)(a)(3), Florida Statutes (2014), govern the release of private . . .
. . . The patient confidentiality provisions of section 456.057, Florida Statutes (2014), have been interpreted . . .
. . . Syk en, 672 So.2d 517 (Fla.1996); and (ii) the Subpoena would require Orthopedic to violate section 456.057 . . . expense on Orthopedic; and (iii) the discovery .request would not result in a violation of. section 456.057 . . . 4th DCA 2011), we review de novo the court’s interpretation and application of Rule 1.280 and section 456.057 . . . Section 456.057, Florida Statutes Finally, Orthopedic argues that the order violates section 456.057, . . . We find that the order at issue does not implicate section 456.057 as it does not require Orthopedic . . .
. . . See § 456.057(7)(a), Fla. . . .
. . . respondent failed to show to the trial court that he complied with the notice provisions of section 456.057 . . .
. . . . § 456.057 (same)). . . . No. 104-191, 110 Stat.1936; § 456.057. Thus, the reasoning of Sorrell is inapposite. . . . Stat. § 456.057(7)(a). . . .
. . . The court then turns to section 456.057, Florida Statutes (2010, 2011), which protects the privacy of . . . The court recognizes that the Fourth District did not apply section 456.057(7) in the context of a search . . . It should be noted that the exception in section 456.057(7)(a)(3) concerns the use of a subpoena “[i] . . . Section 456.057 would not seem to apply directly to records in the possession of law enforcement. . . . Attempting to emulate the notice requirements in section 456.057 may be an appropriate step. . . .
. . . Both the constitutional right to privacy and section 456.057 protect against disclosure of a patient’ . . . s medical records without the patient’s consent. § 456.057(7)(a), Fla. . . .
. . . First, because such records are confidential, see § 456.057(7)(a), Fla. . . . Section 456.057(7)(a) provides in pertinent part as follows: Except as otherwise provided in this section . . .
. . . Administrative Code; and (2) failing to provide patient records in violation of sections 460.413(1) and 456.057 . . .
. . . Garvar, in contrast, contends that section 456.057(8) and current precedent do not prohibit an ex parte . . . We hold that the physician-patient confidentiality statute, section 456.057, prohibits such meetings . . . Section 456.057(7)(a) lists the exceptions for the disclosure of medical records as follows: [Medical . . . The statute’s “simple, direct language,” coupled with the legal history of section 456.057, informed . . . See § 456.057(6), Fla. Stat. (2009). . . . .
. . . . § 456.057(8). . . . Stat. § 456.057(7)(a)). . . .
. . . . § 456.057. . . .
. . . petition because the summaries will invade the privacy rights of non-parties, as protected by section 456.057 . . . Section 456.057(7)(a), Florida Statutes, prohibits a health care practitioner from discussing a patient . . . Graham considered section 456.057(7) and held that it prohibits the disclosure of non-party compulsory . . . Florida Statute section 456.057(7)(a) provides: Except as otherwise provided in this section and in s . . .
. . . Section 456.057, Florida Statutes (2010), governs the ownership of medical records and provides: (1) . . . Policy and Procedure designates that the medical director "shall be the 'records owner’ as defined in 456.057 . . .
. . . . § 456.057. . . . Specifically, section 456.057 defines medical records as ones generated after “making any physical or . . . Stat. § 456.057(1), (3). . . . Stat. § 456.057(4), (7)(a)(3) (emphasis added). . . . Stat. § 456.057(1), it follows from the Florida Constitution, and it is not disputed here, that patients . . .
. . . See §§ 456.057(6) & (7)(a), Fla. Stat. (2008). . . . The language in Section 456.057 is intentionally broad in protecting information from being disclosed . . .
. . . his rights under the federal Health Insurance Portability and Accountability Act (HIPAA) and sections 456.057 . . . pharmacies, this court already has determined that law enforcement does not violate either section 456.057 . . . Because the search here of Thompson’s pharmacy records did not violate HIPAA or sections 456.057(7) and . . . Langee, may have been properly suppressed under section 456.057(6), (7)(a)(3). . . . factual findings that certain physician’s records did not amount to treatment records under section 456.057 . . .
. . . . § 456.057. . . .
. . . Mullis’s doctors violated section 456.057(7)(a), Florida Statutes (2008 & 2009), and Mr. . . . In ruling that Detective Fowler had not violated section 456.057(7)(a) or Mr. . . . with section 456.057(7)(a)(3) did not warrant suppression of the statements. . . . Mullís. § 456.057(6); see also State v. . . . Mullis’s examination or treatment under section 456.057(6). . . .
. . . Because the trial court’s order fails to comply with the requirements of section 456.057(7)(a)(3), Florida . . . Dacheikh, 991 So.2d 932 (Fla. 2d DCA 2008), in which this court specifically held that section 456.057 . . . Our resolution of this ease is guided by section 456.057(7)(a)(3), as it has been interpreted and applied . . . Instead, we pointed out: Amente does not eliminate section 456.057’s requirements, but at most “allows . . . Michaud, 603 So.2d 637, 639 (Fla. 4th DCA 1992) (noting that the predecessor statute to section 456.057 . . .
. . . See §§ 456.057, 456.059, or 90.503, Fla. Stat. (2010). . . . .
. . . requirements of law in compelling production absent compliance with the notice requirements of section 456.057 . . . Section 456.057(7)(a) provides, in part, that a health care practitioner may not discuss a patient’s . . . proper notice to the patient or the patient’s legal representative by the party seeking such records.” § 456.057 . . . The trial court made no finding and our record supports no conclusion that notice under section 456.057 . . . Rather, Graham held that Amente does not eliminate section 456.057’s requirements, but at most “allows . . .
. . . First, he argued Detective Keith violated section 456.057, Florida Statutes (2009), which provides for . . . In addition to the constitutional right to privacy, section 456.057, Florida Statutes (2009), creates . . . Similar to the hospital records statute at issue in Johnson, section 456.057 represents a “legislative . . . The relevant subsection is 456.057(8), Florida Statutes (2009). . . . The state urges a restrictive interpretation of subsection 456.057(8). . . .
. . . Guardado objected pursuant to sections 395.3025(4) and 456.057, Florida Statutes (2005), but the court . . .
. . . hearings and consider whether or not the information obtained from the physicians violated section 456.057 . . .
. . . obtained from the physicians, finding that the items did not constitute medical records under section 456.057 . . . information based on its finding that the documents did not constitute medical records under section 456.057 . . . Because section 456.057 appeared to be a valid basis to suppress some or all of the physician information . . . On remand, the trial court should reconsider the suppression of these items under section 456.057(7)( . . . See § 456.057(6); Shukitis, — So.3d at —; see also State v. . . .
. . . Hercs’ pharmacy records without first notifying the Hercs or obtaining a warrant as required by section 456.057 . . . their consent and a warrant were necessary to obtain their physicians’ records pursuant to section 456.057 . . . Section 456.057(7)(a) provides as follows: Except as otherwise provided in this section and in s. 440.13 . . . Section 456.057(6) defines such records as “reports and records relating to ... examination or treatment . . . failed to address whether Detective Fowler’s testimony involved medical records as defined in section 456.057 . . .
. . . To support this contention, Shuki-tis relied on sections 456.057(7)(a)(3) and 395.3025(4)(d), Florida . . . In his motion to suppress, Shukitis cited section 456.057(7)(a)(3) and argued that “a physician may not . . . (nursing homes); and § 456.057(7), Fla. Stat. (physicians). . . . Section 456.057(1) explains that this statute applies to “health care practitioners],” and section 456.057 . . . See § 456.057(6). . . .
. . . the order, the trial court ruled that the corporal’s actions contravened sections 395.3025(4)(d) and 456.057 . . . (applying to licensed facilities, the definition of which does not include pharmacies) nor section 456.057 . . .
. . . things, that a detective had obtained her prescription records from a pharmacy in violation of section 456.057 . . . to pharmacies which are subject to the confidentiality and disclosure requirements per 456.057(7).” . . . Section 456.057(7) provides that patient consent or a subpoena is necessary before law enforcement may . . . See § 456.057(2)(b); State v. . . . Therefore, the trial court erred in suppressing Johnson’s prescription records based on section 456.057 . . .
. . . from the essential requirements of the law by relying on the physician-patient privilege in section 456.057 . . . determined by whether the circuit court properly applied the physician-patient privilege in section 456.057 . . . In reconciling those competing interests, this court has determined that section 456.057(8) does not . . . The court explained its reasoning as follows: Section 456.057(6) states that “information disclosed to . . . Section 456.057(6), Florida Statutes (2003), is now section 456.057(8). . . .
. . . Tamulonis contended that sections 456.057(7)(a)(3) and 395.3025(4)(d), Florida Statutes (2007 & 2008) . . . On appeal, Tamulonis argues that her records were obtained in violation of section 456.057(7)(a)(3). . . . See § 456.057(2)(b). . . . (nursing homes); and § 456.057(7), Fla. Stat. (physicians). 23 So.3d at 800. . . . Section 456.057 provides in pertinent part: (7)(a) Except as otherwise provided ... such records may . . .
. . . action and, therefore, any discussion between the oral surgeon and the attorney would violate section 456.057 . . . by subpoena at a deposition, evidentiary hearing, or trial for which proper notice has been given. § 456.057 . . . Orders addressing the applicability of section 456.057 are reviewable by certiorari. Hannon v. . . .
. . . Both motions claim that the evidence was obtained in violation of section 456.057(7)(a)(3), Florida Statutes . . . Section 456.057 regulates “health care practitioner[s]” who have “[ojwnership and control of patient . . . See § 456.057(2)(b). . . . Bean has not extensively argued his theory under section 456.057. . . . Section 456.057 does not contain a statutory exclusionary rule. Cfi 934.03, Fla. . . .
. . . The defense claimed that under section 456.057, Florida Statutes (2007), prescriptions are medical records . . .
. . . (nursing homes); and § 456.057(7), Fla. Stat. (physicians). . . .
. . . held in Hannon that the clear, unambiguous language of the patient confidentiality statute, section 456.057 . . . Specifically, respondents contend that our application of section 456.057 in Hannon violates the physicians . . . In Hannon, the court granted relief based upon section 456.057(6), which it could not have done had it . . .
. . . 90.503(2), Florida Statutes (2007), which deals with the psychotherapist-patient privilege, and section 456.057 . . . Similarly, we conclude that the confidentiality of patient records protected in section 456.057(7)(a) . . . Section 456.057(7)(a) restricts the disclosure of medical records and the discussion of “the medical . . .
. . . 1030 (Fla.1995), which is a distinguishable case, and refused to obey the express language of section 456.057 . . . Section 456.057(7) contains a broad prohibition preventing a health care practitioner who generates a . . . Most notably, section 456.057(7)(a)(3) provides records may be furnished: 3. . . . Section 456.057 reinforces the requirements of subsection (7) in subsection (8): (8) Except in a medical . . . The Dacheikhs did not comply with or ask the trial court to obey section 456.057 because they believed . . .
. . . X of the State Constitution may not exceed the amount established under s. 456.057(16), which may include . . .
. . . . § 1320d-d8); §§ 395.3025, 456.057, Fla. . . .
. . . In my judgment, the language of section 456.057, Florida Statutes (2005), reasonably appears to prohibit . . . As a result of this linkage, respondents contend that it is not the interpretation given section 456.057 . . . was intended to be included within the exception to the confidentiality privilege provided in section 456.057 . . . Section 456.057, Florida Statutes (2005), establishes the physician-patient privilege: (6) Except in . . . Because we are bound by the unambiguous language of section 456.057(6), we grant the petition. . . . Section 456.057(6), Florida Statutes (2005), clearly forbids Dr. . . .
. . . Devereux argues that some of the documents were also protected from discovery by section 456.057, Florida . . .
. . . Stat. (2004); § 456.057(4), (16), Fla. Stat. (2004); § 766.204, Fla. Stat. (2004). . . .
. . . disclosure of a patient’s medical records, e.g., sections 395.3025(4)(d) (applicable to hospitals) and 456.057 . . .
. . . involved in the care or treatment of the patient, except upon written authorization of the patient. 456.057 . . . Subsection 456.057(6) provides four exceptions for when otherwise privileged information may be disclosed . . . Section 456.057(6) states that “information disclosed to a health care practitioner by a patient in the . . . The text of section 456.057(6) is as follows: Except in a medical negligence action or administrative . . . However, the doctor is not "disclosing” patient information in violation of section 456.057 by speaking . . .
. . . The notices stated that the State was providing notice pursuant to sections 395.3025 and 456.057, Florida . . . which is presented to this court is whether a subpoena as mentioned in sections 395.3025(4)(d) and 456.057 . . . mechanism for obtaining disclosure of medical records when all the safeguards of sections 395.3025 and 456.057 . . . Although Limbaugh resolves the issue that sections 395.3025 and 456.057 are not the exclusive method . . . Section 456.057(5)(a), Florida Statutes provides: Except as otherwise provided in this section and in . . .
. . . We deny all rehearing but certify the following question to the Supreme Court: Do §§ 395.3025(4) and 456.057 . . . When the legislature enacted sections 395.3025 and 456.057, Florida Statutes (2003) to address the “disclosure . . . See also §§ 395.3025 and 456.057, Fla. . . . Most significantly, sections 395.3025 and 456.057 specifically address the “disclosure” of medical records . . . See §§ 395.3025 and 456.057, Fla. Stat. (2003). . . . See §§ 395.3025 and 456.057, Fla. Stat. (2003). . . . .”); § 456.057(5)(a)3, Fla. . . .
. . . See § 456.057(4) and (5), Florida Statutes (2002). . . .
. . . which both parties agree is not a medical negligence action, Beverly Tampa moved, pursuant to section 456.057 . . . communications between and among “health care providers involved in the care or treatment of the patient,” see § 456.057 . . . Additionally, in its oral pronouncement, the trial court noted: [Section] 456.057 doesn’t preclude [defense . . . Section 456.057(5)(a) states in pertinent part: [S]uch records may not be furnished to, and the medical . . . Additionally, section 456.057(6) provides: Except in a medical negligence action or administrative proceeding . . .
. . . with the treating physicians fell within an exception to the physician-patient privilege of section 456.057 . . . Under section 456.057(6), the treating physicians may be compelled to disclose Mr. . . . Compare § 456.057(6), Fla. . . . However, the substantive provisions of section 456.057(6) are more stringent than those of HIPAA. . . . Compare § 456.057(6) (prohibiting disclosure of protected health care information except to entities . . . The provision of section 456.057(6) authorizing the disclosure of confidential information “to other . . .
. . . Allen declined to provide the medical records, citing statutory confidentiality under section 456.057 . . .
. . . Section 455.667(5) (renumbered as section 456.057(5)), provides that a patient’s medical records, [M] . . .
. . . When she was unsuccessful, Benson filed a petition to obtain her medical records citing sections 456.057 . . . However, neither section 456.057 nor section 766.204 authorizes an award of attorney’s fees. . . .
. . . Section 456.057, Florida Statutes (2001), is the current version of this statute. . . .
. . . Section 456.057(5), Florida Statutes (2000), which concerns ownership and control of patient records, . . .
. . . Provision of psychiatric records and reports shall be governed by s. 456.057.” . . . Section 456.057(4) provides that medical records shall be furnished to the patient or the patient’s legal . . .
. . . Cruz’s deceased spouse appeals from a judgment ordering it to provide them to him pursuant to section 456.057 . . . Section 456.057(4), Florida Statutes (2000): (4) Any health care practitioner licensed by the department . . . permit the process to go forward inexpensively, informally, and "without delays for legal review.” § 456.057 . . .
