Amendment 7 – Lessons Learned … So Far!

Amendment 7 – Lessons Learned … So Far!

3.22.2017 : Amendment 7 – Lessons Learned … So Far!

Recently, the Florida Supreme Court considered, on constitutional grounds, whether the records that patients in this state have a right to access under article X, section 25, of the Florida Constitution (“Amendment 7”), specifically records relating to “adverse medical incidents,” are privileged and confidential under the Federal Patient Safety and Quality Improvement Act (“the Federal Act”), such that Amendment 7 has been preempted by federal law.

Reversing the decision of the First District in Southern Baptist Hospital of Florida, Inc. v. Charles, 178 So. 3d 102 (Fla. 1st DCA 2015), the Florida Supreme Court held the Federal Act was never intended as a shield to the production of documents required by Amendment 7 and other provisions of Florida law, and Amendment 7 and other provisions of Florida law are not preempted by the Federal Act, which set up a voluntary system for hospitals to improve patient safety.

Additionally, the Court ruled that a health care provider or facility cannot shield documents not privileged under state law or the state constitution by virtue of its unilateral decision of where to place the documents under the voluntary reporting system created by the Federal Act.

This webinar reviews the Supreme Court’s opinion and provide an opportunity for participants to understand the impact on the reporting of adverse medical incidents and the remaining protections under the Federal Act.

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