Question
Discuss, debate and analyze your understanding of the legal significance for Circuit Judge Black's opinion in the Opis Management Resources, LLC v. Secretary, Florida Agency
Discuss, debate and analyze your understanding of the legal significance for Circuit Judge Black's opinion in theOpis Management Resources, LLC v. Secretary, Florida Agency for Healthcare Administration, 713 F.3d 1291 (11th Cir. 2013)
Reference: https://casetext.com/case/opis-mgmt-res-llc-v-secy-fla-agency-for-health-care-admin
-Summarize in a succinct sentence (or two at the most) why this statute is "contrary" to HIPAA.
A similar Florida statute applicable to hospitals reads as follows:
Any licensed facility shall, upon written request, and only after discharge of the patient, furnish, in a timely manner, without delays for legal review, to any person admitted therein for care and treatment or treated thereat, or to any such person's guardian, curator, or personal representative, or in the absence of one of those persons, to the next of kin of a decedent or the parent of a minor, or to anyone designated by such person in writing, a true and correct copy of all patient records, including X rays, and insurance information concerning such person.58
-What HIPAA-related infirmities do you see in this language, and how would the Opis Management court decide a case alleging that this statute is preempted?
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