Grant Dearborn and Laura Johnson Evans of Shumaker, Loop & Kendrick, LLP write:
Florida has a new law as of July 1, 2023 relating to the storage of certain health records. The newly enacted Florida Statutes section 408.051 creates the “Florida Electronic Health Records Exchange Act.” The Act states in part that in addition to the Health Insurance Portability and Accountability Act (HIPAA) requirements that may apply to a health care practitioner/entity, if a covered health care provider utilizes a “certified electronic health record technology,” the health care provider must ensure that all applicable patient information stored in an offsite physical or virtual environment (including through third parties) is physically maintained in the continental U.S. or its territories or Canada.
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