CS/CS/HB 827 Summary

• Amends section 456.057 to clarify that patient medical records and information require written authorization for disclosure, except in specified circumstances including to health care providers involved in treatment, attorneys for practitioners/providers, and pursuant to subpoena or court order.

• Adds new section 766.106(6)(b)5 permitting prospective defendants or their legal representatives to conduct ex parte interviews with the claimant's treating health care providers during informal discovery without notice to or presence of the claimant or claimant's attorney.

• Establishes that prospective defendants may also take unsworn statements from treating health care providers, with reasonable notice and opportunity to be heard given to the claimant or claimant's representative.

• Revises the Authorization for Release of Protected Health Information form under section 766.1065 to expressly permit designated persons (liability insurers, attorneys, and experts) to interview treating health care providers listed in the authorization without notice to or presence of the patient or patient's legal representative.

• Takes effect July 1, 2013.