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Fla. Con. Law Amendment allows 'retroactive' record access.

Publication: Medical Law's Regan Report
Publication Date: 01-MAY-08 		Format: Online
Delivery: Immediate Online Access

Article Excerpt
THE STATE OF FLORIDA HAS BROKEN NEW GROUND BY VIRTUE OF ITS PASSAGE OF A CONSTITUTIONAL AMENDMENT PERMITTING ACCESS TO ALL HOSPITAL RECORDS. There was no doubt whatsoever that the Constitutional Amendment applied to all future records. However, issues arose over whether the amendment had a retroactive effect. There was so much controversy involved in the issue that the question was certified to the Supreme Court of Florida for a definitive ruling by that court. Hospitals and others had much at stake. Would the court find that the Constitutional Amendment had only a prospective effect? Or, would it find that it had a retroactive effect?

THE TWO CASES WHICH PRECIPITATED THE CERTIFICATION OF THE ISSUE TO THE FLORIDA SUPREME COURT WERE, IN THEMSELVES, ORDINARY. However, the principles...

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