The purpose and effect of the rule development is to revise the Universal Patient Authorization Form for Full Disclosure of Health Information for Treatment and Quality of Care incorporated by reference as AHCA Form FC4200-004 and the Universal ...

AGENCY FOR HEALTH CARE ADMINISTRATION
Cost Management and Control

Rule No. : RULE TITLE :
59B-16.001: Definitions
59B-16.002: Universal Patient Authorization Forms
PURPOSE AND EFFECT: The purpose and effect of the rule development is to revise the Universal Patient Authorization Form for Full Disclosure of Health Information for Treatment and Quality of Care incorporated by reference as AHCA Form FC4200-004 and the Universal Patient Authorization Form for Limited Disclosure of Health Information incorporated by reference as AHCA Form FC4200-005 to provide that the effective period of authorization ends at withdrawal of permission or date of death whichever occurs earlier, to adopt Spanish versions of the forms incorporated by reference as AHCA Form FC4200-006 and AHCA Form 4200-007 under the provisions of Section 408.051(4), F.S, remove an incorrect reference to Rule 59B-16.003, F.A.C., and correct the rulemaking authority citations under Rules 59B-16.001 and 59B-16.002, F.A.C. The Universal Patient Authorization forms need to be amended due to Federal guidance issued on June 16, 2010, by U.S. Health and Human Services (HHS), Substance Abuse and Mental Health Services Administration. This federal guidance requires a change to the form to comply with HHS’s interpretation of the federal law governing patient consent for the release of patient records from federally funded substance abuse treatment programs that are subject to Title 42 Code of Federal Regulations (CFR) Chapter 1, Part 2, Confidentiality of alcohol and drug abuse patient records.
SUBJECT AREA TO BE ADDRESSED: The Agency is proposing to revise the English version of the Universal Patient Authorization Form for Full Disclosure of Health Information for Treatment and Quality of Care and the English version of the Universal Patient Authorization Form for Limited Disclosure of Health Information incorporated by reference in Rule 59B-16.002, amend Rule 59B-16.002, F.A.C., to incorporate by reference a Spanish version of the Universal Patient Authorization Form for Full Disclosure of Health Information for Treatment and Quality of Care and a Spanish version of the Universal Patient Authorization Form for Limited Disclosure of Health Information, revise Rule 59B-16.001, F.A.C., to remove an incorrect rule reference, and correct the rulemaking authority citations under Rules 59B-16.001 and 59B-16.002, F.A.C.
RULEMAKING AUTHORITY: 408.15(8) FS.
LAW IMPLEMENTED: 408.051(4) FS.
A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: June 17, 2011, 10:00 a.m.
PLACE: Agency for Health Care Administration, Building 3, First Floor Conference Room, 2727 Mahan Drive, Tallahassee, Florida 32308
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 hours before the workshop/meeting by contacting: Carolyn H. Turner at [phone]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Carolyn Turner, Florida Center for Health Information and Policy Analysis, 2727 Mahan Drive, Tallahassee, Florida 32308

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

59B-16.001 Definitions.

As used in Rules 59B-16.001 through 59B-16.002 59B-16.003, F.A.C.:

(1) “Health care provider” means any other person or organization that furnishes, bills, or is paid for health care services in the normal course of business.

(2) “Electronic format” means an electronic copy of the forms provided in Rule 59B-16.002, F.A.C., in a Portable Document Format (PDF).

Rulemaking Authority 408.051(4)(b), 408.15(8) FS. Law Implemented 408.051(4) FS. History–New 7-28-10, Amended________.

 

59B-16.002 Universal Patient Authorization Forms.

(1) The Universal Patient Authorization Form for Full Disclosure of Health Information for Treatment and Quality of Care including instructions for completing the form is posted at: www.FHIN.net. The form may be printed, completed, signed and scanned into an electronic format as provided in subsection 59B-16.001(2), F.A.C. The Universal Patient Authorization Form for Full Disclosure of Health Information for Treatment and Quality of Care dated 7-1-11 3.1.10 is incorporated by reference as AHCA Form FC4200-004 and the Spanish language version is incorporated by reference as AHCA Form FC4200-006.

(2) The Universal Patient Authorization Form for Limited Disclosure of Health Information including instructions for completing the form is posted at: www.FHIN.net. The form may be printed, completed, signed and scanned into an electronic format as provided in subsection 59B-16.001(2), F.A.C. The Universal Patient Authorization Form for Limited Disclosure of Health Information dated 7-1-11 3.1.10 is incorporated by reference as AHCA Form FC4200-005 and the Spanish language version is incorporated by reference as AHCA Form FC4200-007.

Rulemaking Authority 408.051(4)(b), 408.15(8) FS. Law Implemented 408.051(4) FS. History–New 7-28-10, Amended_______.