OPIS Mgmt. Res. LLC, et al v. Sec., FL Agency for Health Care Admin., No. 12-12593 (11th Cir. 2013)Annotate this Case
This case stemmed from requests to the Nursing Facilities from spouses and attorneys-in-fact for medical records of deceased nursing home residents. At issue was whether section 400.145 of the Florida Statutes was preempted by the Federal Health Insurance Portability and Accountability Act of 1996 (HIPAA), 42 U.S.C. 1320d to d-9, and its implementing regulations. The court held that section 400.145 and HIPAA could not be reconciled and the court agreed with the district court that the Florida statute stood as an obstacle to the accomplishment and execution of the full purposes and objectives of HIPAA in keeping an individual's protected health information strictly confidential. Accordingly, the court affirmed the district court's judgment that the Florida statute was preempted and its grant of summary judgment in favor of the Nursing Facilities, explaining that the Florida statue afforded nursing home residents less protection than was required by the federal law.