EDUCATION: Florida Bill Bans Storage of Health Records Outside the Continental United States, its Territories, or Canada

Web: www.JonesHealthLaw.com Phone: (305)877-5054 Instagram: @JonesHealthLaw Facebook: @JonesHealthLaw Youtube: @JonesHealthLaw In May 2023, Florida House Bill 264 passed, and it went into effect on July 1, 2023. The bill has two main parts: the first prohibits offshore health record storage, and the second requires additional ownership disclosures. he first part of the bill is an update of the Florida Electronic Health Records Exchange Act. This amendment prohibits healthcare providers using certified health record technologies from storing electronic health records outside the continental United States, its territories, or Canada. This prohibition extends to patient data stored through third-party cloud services and subcontracted computing facilities, which must maintain the data in the continental United States, its territories, or Canada. Once the ban takes effect, it will no longer be possible to use vendors that do not store patient data in the continental United States, its territories, or Canada. All healthcare providers covered by the Florida Electronic Health Records Exchange Act must comply with the law by July 1, 2023. The prohibition applies to all qualified electronic health records stored using any technology that allows information to be electronically retrieved, accessed, or transmitted. The purpose of the prohibition is to prioritize patient privacy by ensuring that personal health data remains within jurisdictions where privacy and security measures can be enforced. Offshore storage has raised concerns due to potential security breaches and varying data protection standards across countries. By mandating storage within the continental United States, its territories, or Canada, Florida aims to mitigate the risks associated with data breaches, unauthorized access, and potential exploitation of patient information. While these new regulations offer essential benefits such as increased privacy protection and informed decision-making for patients, there are also potential challenges to consider. These include increased costs for healthcare providers, technological limitations, implementation and compliance challenges, and the potential disruption of existing partnerships.