Interdisciplinary records of care; confidentiality; release of records.

(1) A hospice shall maintain an up-to-date, interdisciplinary record of care being given and patient and family status. Records shall contain pertinent past and current medical, nursing, social, and other therapeutic information and such other information that is necessary for the safe and adequate care of the patient. Notations regarding all aspects of care for the patient and family shall be made in the record. When services are terminated, the record shall show the date and reason for termination.

(2) Patient records shall be retained for a period of 6 years after termination of hospice services, unless otherwise provided by law. In the case of a patient who is a minor, the 6-year period shall begin on the date the patient reaches or would have reached the age of majority.

(3) The interdisciplinary record of patient care and billing records are confidential.

(4) A hospice may not release a patient’s interdisciplinary record or any portion thereof, unless the person requesting the information provides to the hospice:

(a) A patient authorization executed by the patient;

(b) In the case of an incapacitated patient, a patient authorization executed prior to the patient’s death by the patient’s then acting legal guardian, health care surrogate as defined in s. 765.101(21), health care proxy as defined in s. 765.101(19), or agent under power of attorney;

(c) A court order appointing the person as the administrator, curator, executor, or personal representative of the patient’s estate with authority to obtain the patient’s medical records;

(d) If a judicial appointment has not been made pursuant to paragraph (c), a last will that is self-proved under s. 732.503 and designates the person to act as the patient’s personal representative; or

(e) An order by a court of competent jurisdiction to release the interdisciplinary record to the person.

(5) For purposes of this section, the term “patient authorization” means an unrevoked written statement by the patient, or an oral statement made by the patient which has been reduced to writing in the patient’s interdisciplinary record of care, or, in the case of an incapacitated patient, by the patient’s then acting legal guardian, health care surrogate, agent under a power of attorney, or health care proxy giving the patient’s permission to release the interdisciplinary record to a person requesting the record.

(6) A hospice must release requested aggregate patient statistical data to a state or federal agency acting under its statutory authority. Any information obtained from patient records by a state agency pursuant to its statutory authority is confidential and exempt from s. 119.07(1).