On November 9, the Florida Supreme Court ruled in the case of Emma Gayle Weaver, etc. v. Stephen C. Myers, M.D., et al., that the right to privacy under the Florida Constitution does not end upon an individual’s death. Fox partner and HIPAA Privacy & Security Officer Elizabeth Litten recently reacted to the decision in an article in Data Guidance. She noted the decision’s compatibility with HIPAA regulations concerning the protected health information of a deceased patient. She also discussed certain elements of the Florida statutes that were deemed unconstitutional by the court, and how they differ from HIPAA’s judicial and administrative proceedings disclosure rules.
We invite you to read the article and Elizabeth’s remarks.