FL S1042

Nursing homes must provide copies of a resident's paper and electronic records within 14 working days for current residents and 30 working days for former residents upon receipt of a written request complying with HIPAA requirements.

Records must include medical, psychiatric, and care/treatment records; copies are not part of a deceased resident's estate and may be released to authorized representatives prior to estate administration.

Deceased resident records may be requested by court-appointed personal representatives, persons designated in a valid will, or surviving family members (spouse, child, or parent) in order of priority, with written documentation of authority required.

Nursing homes may refuse disclosure if deemed detrimental to the resident's physical or mental health, in which case records must be provided to an alternative medical provider designated by the resident.

Facilities that release records in good faith are protected from criminal or civil liability and cannot be held liable to the resident, their estate, or other parties.