Wednesday, June 7, 2023

Florida prohibits overseas health record storage

Since July 1, the Florida Electronic Health Records Act needs that the offsite storage of secured health details be physically preserved in the continental U.S., its areas or Canada.

WHY IT MATTERS

In addition, Florida’s Healthcare Licensing Procedures Act will need licensees to sign affidavits testifying that all client info in certified electronic health records– that includes client market and medical health info– is being physically kept in accordance with the changed EHR law.

Of issue are third-party suppliers that exist beyond the U.S. and Canada, such as an IT support supplier, EHR business or information entry subcontractor that has the ability to gain access to certified client records kept on servers within the nation, according to Michael Sutton, a connect with Sheppard, Mullin, Richter and Hampton inThe National Law Review

Sutton states in his legal evaluation that the modification consists of a health care supplier’s farmed out computing centers and any of its cloud provider based or running offshore.

He encourages certifying doctor to evaluate where electronic client details is saved and whether any third-party suppliers beyond the U.S. or Canada, “such as IT support, setting up assistance, and so on,” have access to client info.

Numerous business, like AWS, for instance, enable users to pick an area for their information storage or pick a default choice.

THE LARGER TREND

Imaging is simply one location of health care where physicians and clients require quick access to big pieces of client information.

One example associated to the increase of at-home care is making use of portable ultrasoundw and mobile x-rays, where big quantities of client imaging information require to be sent out to doctors and radiologists rapidly, according to Tim Dawson, primary technical officer at Canon Medical, throughout a HIMSS23 discussion about information neutrality.

Cloud-based servers have actually made it possible to reduce the expenses of information storage and enhance the speed of information transmission.

Software application suppliers typically contract out to subcontractors who might utilize information centers situated in foreign nations. Even obedient overseas entities might not have the ability to stay up to date with altering U.S. laws governing client information storage and security, putting doctor and other companies based on HIPAA at threat if a client information breach happens.

“CIOs are truly worried about their digital supply chain,” Dawson stated.

Software application suppliers have actually been utilizing server farms, call centers, transcriptionists, income cycle supervisors and information analytics services situated offshore for a number of years.

The onus is on the health care company to specify that it does not permit offshoring PHI in its agreements.

ON THE RECORD

“Where there is a dispute, certifying doctor might require to start transitioning client details to brand-new storage places or take actions to make sure that access to client info is properly restricted prior to the Act’s efficient date,” Sutton stated in the legal evaluation.

Andrea Fox is senior editor of Healthcare IT News.
Email: afox@himss.org

Health care IT News is a HIMSS Media publication.

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