Florida 2025 2025 Regular Session

Florida Senate Bill S1606 Analysis / Analysis

Filed 04/10/2025

                    The Florida Senate 
BILL ANALYSIS AND FISCAL IMPACT STATEMENT 
(This document is based on the provisions contained in the legislation as of the latest date listed below.) 
Prepared By: The Professional Staff of the Appropriations Committee on Health and Human Services  
 
BILL: CS/SB 1606 
INTRODUCER:  Health Policy Committee and Senator Grall 
SUBJECT:  Patient Access to Records 
DATE: April 9, 2025 
 
 ANALYST STAFF DIRECTOR  REFERENCE  	ACTION 
1. Smith Brown HP Fav/CS 
2. Gerbrandt McKnight AHS  Favorable 
3.     RC  
 
Please see Section IX. for Additional Information: 
COMMITTEE SUBSTITUTE - Substantial Changes 
 
I. Summary: 
 CS/SB 1606 standardizes the timeframe for responding to patient records requests for patients, 
residents, and their legal representatives. Under current law, hospitals, ambulatory surgical 
centers, and health care practitioners are required to provide requested patient health records to 
patients, residents, and their legal representatives in a “timely” manner. In the absence of a 
specific statutory deadline, the federal Health Insurance Portability and Accountability Act 
(HIPAA) standard of 30 calendar days applies. For electronic health information, the federal 
Information Blocking Rule also generally applies, requiring access without unreasonable delay.  
 
The bill requires health care providers and practitioners to furnish requested records within 14 
working days of a request. Providers and practitioners who maintain electronic health record 
systems must deliver the records in the format chosen by the requester, including, but not limited 
to, an electronic format, submission through a patient’s electronic personal health record, or 
access through a web-based patient portal if the service provider maintains a patient portal.  
 
In addition, the bill requires providers and practitioners to allow access for the inspection of 
original records, or suitable reproductions such as microforms, within 10 working days of 
receiving a request. Providers may impose reasonable conditions to protect the integrity of the 
records.  
 
The bill creates s. 408.833, F.S., to establish uniform record access and delivery standards for 
clients of health care providers (including facilities) that are licensed, registered, or certified by 
REVISED:   BILL: CS/SB 1606   	Page 2 
 
the Agency for Health Care Administration (AHCA), that are not otherwise addressed in specific 
statutory provisions. These standards are also applied to licensed health care practitioners 
regulated by the Department of Health (DOH), as well as to mental health service providers and 
substance abuse treatment providers.  
 
Current law requires nursing homes to provide requested records within 14 working days. The 
bill revises this requirement to align with federal Medicare and Medicaid Conditions of 
Participation, mandating that inspection be allowed within 24 hours (excluding weekends and 
holidays) and copies be furnished within two working days of the request.  
 
The bill has no fiscal impact on state expenditures or revenues. See Section V., Fiscal Impact 
Statement. 
 
The bill takes effect January 1, 2026. 
II. Present Situation: 
Federal Right of Access to Records Under HIPAA 
The federal Health Insurance Portability and Accountability Act (HIPAA) establishes national 
standards for the protection of individually identifiable health information. The HIPAA Privacy 
Rule
1
, implements these protections and sets forth the individual right of access to medical 
records.
2
 The U.S. Department of Health and Human Services’ Office for Civil Rights (OCR) is 
responsible for implementing and enforcing the HIPAA Privacy Rule.
3
  
 
Under the HIPPA Privacy Rule, individuals have the right to inspect or obtain a copy of their 
protected health information (PHI) maintained by a covered entity. Covered entities include:  
• Health care providers who transmit health information electronically in connection with 
certain administrative transactions,  
• Health plans such as insurers and health maintenance organizations (HMOs), and 
• Health care clearinghouses.
4
  
 
Most licensed health care providers and health care practitioners in Florida qualify as covered 
entities under these definitions. Business associates of covered entities, such as third-party billing 
companies or cloud storage providers, must also comply with HIPAA’s access provisions when 
they handle protected health information on behalf of the covered entity.
5
  
 
The HIPPA Privacy Rule requires covered entities to provide access to PHI contained in what is 
known as a designated record set. A designated record set is defined
6
 as a group of records 
 
1
 45 C.F.R. Part 160 and Subparts A and E of Part 164. 
2
 45 C.F.R. § 164.524. 
3
 U.S. Department of Health and Human Services, Office for Civil Rights, Summary of the HIPAA Privacy Rule, available at: 
https://www.hhs.gov/hipaa/for-professionals/privacy/laws-regulations/index.html (last visited Mar. 22, 2025). 
4
 45 C.F.R. § 160.103. 
5
 45 C.F.R. §§ 160.103, 164.502(e). 
6
 45 C.F.R. § 164.501.  BILL: CS/SB 1606   	Page 3 
 
maintained by or for a covered entity that is used, in whole or in part, to make decisions about 
individuals. These records include:  
• Medical and billing records maintained by or for a health care provider,  
• Enrollment, payment, claims adjudication, and case or medical management records 
maintained by or for a health plan, and 
• Any other records used to make decisions about the individual.
 7
  
 
Records not used to make treatment or coverage decisions—such as peer review files or internal 
administrative documents—are not considered to be included in the designated record set.  
 
The Privacy Rule requires covered entities to respond to a request for access within 30 calendar 
days.
8
 One 30-day extension is permitted if the individual is notified in writing of the delay and 
the expected response date.
9
 If PHI is maintained electronically, and the individual requests an 
electronic copy, the entity must provide it in the requested form and format if it is readily 
producible.
10
  
 
Covered entities may charge only a reasonable, cost-based fee for access. This fee may include 
the cost of labor for copying, supplies, and postage, if applicable, but may not include retrieval 
fees or other administrative charges.
11
 In guidance issued by the OCR, covered entities are 
prohibited from imposing barriers to access, such as requiring patients to submit requests in 
person or through proprietary forms when such requirements are not necessary.
12
  
 
Interaction of HIPAA with State Law
13
 
HIPAA establishes a national baseline for the privacy and security of health information but 
permits states to enact laws that provide greater protections or access rights. A state law is only 
preempted by HIPAA if it is contrary to HIPAA—that is, if it is impossible to comply with both 
the state and federal requirements, or if the state law stands as an obstacle to the full purposes 
and objectives of HIPAA.  
 
However, if a state law is more protective of patient privacy or provides greater access to health 
information than HIPAA, it is not preempted and remains enforceable. In practice, this means 
states may adopt laws that expand individual rights of access, shorten response times, or add 
 
7
 45 C.F.R. § 164.501. 
8
 The OCR has recently considered reducing this time frame to 15 days in a proposed rule modification, but the rule was not 
finalized. U.S. Department of Health and Human Services, Modifications to the HIPAA Privacy Rule to Support, and Remove 
Barriers to, Coordinated Care and Individual Engagement, 86 Fed. Reg. 6446 (Jan. 21, 2021), available at 
https://www.govinfo.gov/content/pkg/FR-2021-01-21/pdf/2020-27157.pdf.  
9
 45 C.F.R. § 164.524(b)(2). 
10
 45 C.F.R. § 164.524(c)(2). 
11
 45 C.F.R. § 164.524(c)(4). 
12
 U.S. Department of Health and Human Services, Office for Civil Rights, Individuals’ Right under HIPAA to Access their 
Health Information 45 CFR § 164.524, available at: https://www.hhs.gov/hipaa/for-
professionals/privacy/guidance/access/index.html (last visited Mar. 22, 2025). 
13
 U.S. Department of Health and Human Services, Office of the National Coordinator for Health Information Technology, 
When a state or federal law or regulation (such as the HIPAA Privacy Rule) requires that EHI be released, is it ever 
information blocking not to release it?, available at: https://www.healthit.gov/faq/when-state-or-federal-law-or-regulation-
such-hipaa-privacy-rule-requires-ehi-be-released-no (last visited Mar. 22, 2025).  BILL: CS/SB 1606   	Page 4 
 
safeguards, so long as they do not authorize disclosures or impose barriers that conflict with 
HIPAA’s requirements.  
 
Federal Information Blocking Prohibition 
The 21st Century Cures Act
14
 prohibits certain actors from engaging in “information blocking,” 
which is broadly defined as any practice that is likely to interfere with access, exchange, or use 
of electronic health information (EHI), unless the practice is required by law or covered by a 
regulatory exception.
15
 The Office of the National Coordinator for Health Information 
Technology (ONC) is responsible for implementing the rule,
16
 and the U.S. Department of 
Health and Human Services Office of Inspector General (OIG) is charged with enforcement.
17
  
 
The federal Information Blocking Rule
18
, adopted by ONC in 2020, applies to three categories of 
actors:  
• Health care providers,  
• Developers of certified health information technology (health information technology), and 
• Health information networks or health information exchanges.
19
  
 
Most licensed health care providers and health care practitioners in Florida fall within the rule’s 
definition of a “health care provider.”
20
  
 
The rule prohibits these actors from engaging in practices that are “likely to interfere” with 
access, exchange, or use of EHI, unless one of eight specified exceptions applies.
21
 EHI is 
defined to include all electronic protected health information (ePHI) that would be part of a 
designated record set under HIPAA.
22
 Examples of information blocking may include imposing 
unnecessary delays, refusing to provide records in electronic format, charging unreasonable fees, 
or using technology in a way that restricts access or interoperability.  
 
Unlike HIPAA, which allows covered entities to respond to access requests within 30 calendar 
days, the Information Blocking Rule requires that access to EHI be provided without 
unreasonable delay, subject to specified exceptions where the EHI is protected.
23
 These include 
exceptions for preventing harm, protecting privacy, ensuring security, managing infeasible 
 
14
 Pub. L. No. 114-255. 
15
 42 U.S.C. § 300jj-52. 
16
 U.S. Department of Health and Human Services, Office of the National Coordinator for Health Information Technology, 
Information Blocking Overview, available at: https://www.healthit.gov/topic/information-blocking (last visited 
Mar. 22, 2025). 
17
 U.S. Department of Health and Human Services, Office of Inspector General, Information Blocking Enforcement, available 
at: https://oig.hhs.gov/reports/featured/information-blocking/ (last visited Mar. 22, 2025). 
18
 45 C.F.R. Part 171. 
19
 45 C.F.R. § 171.102. 
20
 “Health care provider” for purposes of the Information Blocking Rule has the same meaning as “health care provider” in 
42 U.S.C. § 300jj. 
21
 45 C.F.R. § 171.103.  
22
 See 45 C.F.R. § 171.102, referencing 45 C.F.R. § 164.501. 
23
 45 C.F.R. §§ 171.200–171.303.  BILL: CS/SB 1606   	Page 5 
 
requests, maintaining health information technology performance, complying with licensing 
restrictions, and limiting the manner of access.
24
  
 
Enforcement of the Information Blocking Rule is governed by 42 U.S.C. § 300jj-52(b). The OIG 
may impose civil monetary penalties of up to $1 million per violation on health IT developers 
and health information networks or exchanges. While ONC and OIG have finalized enforcement 
regulations for non-provider actors, enforcement policies for health care providers are still 
forthcoming as of early 2025.  
 
Interaction of the Information Blocking Rule with State Law 
The federal law preempts state law only to the extent of a direct conflict. 
 
“The information blocking provisions of the Cures Act establish a floor for permissible 
practices and do not preempt State laws that are more stringent.” 
— 85 Fed. Reg. 25810 (May 1, 2020).  
 
The Information Blocking Rule does not prohibit state laws that impose stricter or faster access 
obligations but does preempt state laws that would require or permit practices that interfere with 
access to EHI in ways that federal law would otherwise prohibit.  
 
The ONC has clarified that compliance with state law is not a defense to information blocking if 
the delay or interference is not required by the state law. This is central to understanding how 
federal and state requirements interact:  
 
“The fact that an actor covered by the information blocking regulations meets its 
obligations under another law applicable to them or its circumstances (such as the 
maximum allowed time an actor has under that law to respond to a patient’s request) will 
not automatically demonstrate that the actor’s practice does not implicate the 
information blocking definition.”  
— ONC Information Blocking FAQ.
25
  
 
This means that a state statute may impose a 14-day deadline, but if a provider routinely waits 14 
days to respond when it could have provided access sooner, that practice may still constitute 
information blocking.  
 
Due to the many provider types affected by changes made by the bill, pertinent background 
information regarding Florida law is provided within the Effect of Proposed Changes section of 
this analysis for the reader’s convenience.  
 
24
 45 C.F.R. §§ 171.200–171.303. 
25
 U.S. Department of Health and Human Services, Office of the National Coordinator for Health Information Technology, 
When a state or federal law or regulation (such as the HIPAA Privacy Rule) requires that EHI be released, is it ever 
information blocking not to release it?, available at: https://www.healthit.gov/faq/when-state-or-federal-law-or-regulation-
such-hipaa-privacy-rule-requires-ehi-be-released-no (last visited Mar. 22, 2025).  BILL: CS/SB 1606   	Page 6 
 
III. Effect of Proposed Changes: 
Section 1 amends s. 394.4615, F.S., to require a mental health service provider
26
 to furnish 
copies of clinical records
27
 within 14 working days of receiving a request, if:  
• The patient or the patient’s guardian
28
 or legal custodian authorizes the release;  
• The patient is represented by counsel and the records are needed by the patient’s counsel for 
adequate representation; or 
• The court orders the release.  
 
Under the bill, a service provider may furnish the requested clinical records in paper form or, 
upon request, in an electronic format. If the service provider maintains an electronic health 
record system, the service provider must furnish the clinical records in the format chosen by the 
requester, including, but not limited to, an electronic format, submission through a patient’s 
electronic personal health record, or access through a web-based patient portal if the service 
provider maintains a patient portal.  
 
Section 2 amends s. 395.3025, F.S., to remove the requirement that licensed hospitals and 
ambulatory surgical centers timely provide patient records only after a patient’s discharge, 
thereby aligning state law with federal access rights under HIPAA.  
 
The bill changes the term “agency” (as in the Agency for Health Care Administration) to 
“Department of Health” (DOH) and “department” to clarify
29
 and correct
30
 that the DOH has the 
authority to issue subpoenas for patient records from entities regulated under ch. 395, F.S., for 
the purposes of investigating a health care practitioner.  
 
To conform to changes made by the bill this section also deletes language requiring a licensed 
hospital or ambulatory surgical center to allow a person to examine original records in its 
possession, or microforms or other suitable reproductions of the records. The requirements in the 
deleted text would instead be applied to licensed hospitals and ambulatory surgical centers in 
s. 408.833, F.S., as created in section 5 of the bill, on lines 215-221.  
 
As a federal condition of a hospital’s participation in Medicare or Medicaid, a hospital must 
provide access to requested patient records “within a reasonable time frame” and to “seek to 
 
26
 “Service provider” means a receiving facility, a facility licensed under ch. 397, F.S., a treatment facility, an entity under 
contract with the Department of Children and Families to provide mental health or substance abuse services, a community 
mental health center or clinic, a psychologist, a clinical social worker, a marriage and family therapist, a mental health 
counselor, a physician, a psychiatrist, an advanced practice registered nurse, a psychiatric nurse, or a qualified professional as 
defined in s. 39.01, F.S. Section 394.455(45), F.S. 
27
 “Clinical record” means all parts of the record required to be maintained and includes all medical records, progress notes, 
charts, and admission and discharge data, and all other information recorded by facility staff which pertains to the patient’s 
hospitalization or treatment. Section 394.455(6), F.S. 
28
 “Guardian” means the natural guardian of a minor, or a person appointed by a court to act on behalf of a ward’s person if 
the ward is a minor or has been adjudicated incapacitated. Section 394.455(18), F.S. 
29
 Department of Health, Senate Bill 1606 Legislative Analysis (Mar. 20, 2025) (on file with the Senate Committee on Health 
Policy). 
30
 Agency for Health Care Administration, Senate Bill 1606 Legislative Analysis (Mar. 19, 2025) (on file with the Senate 
Committee on Health Policy).  BILL: CS/SB 1606   	Page 7 
 
fulfill requests as quickly as their recordkeeping system permits.”
31
 This requirement exists in 
conjunction with Florida law and would continue to apply under the bill.  
 
Section 3 amends s. 397.501, F.S., to require substance abuse service providers to furnish 
copies of records within 14 working days after receiving a written request from an individual or 
the individual’s legal representative.
32
  
 
If the service provider maintains an electronic health record system, the service provider must 
furnish the requested records in the format chosen by the requester, including, but not limited to, 
an electronic format, submission through a patient’s electronic personal health record, or access 
through a web-based patient portal if the service provider maintains a patient portal.  
 
The service provider must, within 10 working days after receiving such a written request from an 
individual or his or her legal representative, provide access to examine the original records in the 
service provider’s possession, or microforms, or other suitable reproductions of the records. The 
service provider may impose any reasonable terms necessary to ensure that the records will not 
be damaged, destroyed, or altered.  
 
Section 4 amends s. 400.145, F.S., to revise the timeframe within which nursing home facilities 
must provide access to and copies of resident records upon written request.
33
 Current law 
requires a nursing home facility to provide the requested records within 14 working days after 
receiving a written request relating to current resident. Under the bill, for current residents, 
access must be provided within 24 hours (excluding weekends and holidays), and copies must be 
provided within two working days, of receipt of the written request. This change would align 
Florida law with federal law for nursing home facilities that receive Medicare or Medicaid 
funding.
34
  
 
For former residents, copies must be provided within 30 working days. The bill does not make 
changes to the timeline for requests from former residents.  
 
Section 5 creates s. 408.833, F.S., within the Health Care Licensing Procedures Act,
35
 to 
establish uniform standards for record access by clients
36
 of health care providers,
37
 including 
 
31
 See 42 CFR § 482.24(b)(3) and 42 C.F.R. § 482.13(d)(2). 
32
 For purposes of this section, the term “legal representative” has the same meaning as in s. 408.833(1), F.S., as created in 
section 5 of the bill. 
33
 Note that access to assisted living facility resident records is also governed by this section in current law. See changes 
made to s. 429.294, F.S., in section 11 of the bill. 
34
 42 C.F.R. § 483.10(g)(2)(ii) requires Medicare- or Medicaid-certified long-term care facilities to provide residents or their 
legal representatives the opportunity to inspect all records, including clinical records, within 24 hours (excluding weekends 
and holidays) of an oral or written request. 
35
 Chapter 408, Part II, F.S. See also s. 408.801(1), F.S. 
36
 “Client” means any person receiving services from a provider listed in s. 408.802. Section 408.803(6), F.S. 
37
 The Act applies to all of the following facilities: Laboratories authorized to perform testing under the Drug-Free 
Workplace Act; birth centers; abortion clinics; crisis stabilization units; short-term residential treatment facilities; residential 
treatment facilities; residential treatment centers for children and adolescents; hospitals; ambulatory surgical centers; nursing 
homes; assisted living facilities; home health agencies; nurse registries; companion services or homemaker services 
providers; adult day care centers; hospices; adult family-care homes; homes for special services; transitional living facilities; 
prescribed pediatric extended care centers; home medical equipment providers; intermediate care facilities for persons with  BILL: CS/SB 1606   	Page 8 
 
facilities, that are licensed, registered, or certified by the Agency for Healthcare Administration 
(AHCA) and not otherwise addressed in statute. Records maintained by psychiatric hospitals, 
substance abuse treatment providers, or nursing homes are exempt from this section under the 
bill.  
 
The bill defines the term “legal representative” as an attorney who has been designated by a 
client to receive copies of the client’s medical, care and treatment, or interdisciplinary records; a 
legally recognized guardian of the client; a court-appointed representative of the client; or a 
person designated by the client or by a court of competent jurisdiction to receive copies of the 
client’s medical, care and treatment, or interdisciplinary records.  
 
The bill requires providers to furnish records within 14 working days after receiving a written 
request from a client or his or her legal representative. A provider must furnish all records in the 
provider’s possession, including, but not limited to: medical, care and treatment, and 
interdisciplinary records.  
 
A provider may furnish the requested records in paper form or, upon request, in an electronic 
format. If the health care practitioner maintains an electronic health record system, the service 
provider must furnish the requested records in the format chosen by the requester, including, but 
not limited to, an electronic format, submission through a patient’s electronic personal health 
record, or access through a web-based patient portal if the service provider maintains a patient 
portal.  
 
The health care provider must, within 10 working days after receiving a request from an 
individual or his or her legal representative, provide access to examine the original records in the 
service provider’s possession, or microforms, or other suitable reproductions of the records. The 
health care provider may impose any reasonable terms necessary to ensure that the records will 
not be damaged, destroyed, or altered.  
 
A hospice would be required to follow this section of law. However, pursuant to 
s. 400.611(4), F.S., a hospice may not release a patient’s interdisciplinary record or any portion 
of it, unless the person requesting the information provides a patient authorization or other 
satisfactory documentation in compliance with that section.  
 
 
developmental disabilities; health care services pools; health care clinics; and organ, tissue, and eye procurement 
organizations. Section 408.802, F.S. See also s. 408.803(12), F.S.  BILL: CS/SB 1606   	Page 9 
 
Section 6 amends s. 456.057, F.S., to require any health care practitioner
38
 licensed by the 
DOH who is not exempt
39
 to furnish copies of requested records within 14 working days after the 
request is received, rather than “in a timely manner, without delays for legal review” as written 
in current law. This creates a specific timeframe in which health care practitioners must remit the 
requested records to the patient or his or her legal representative.  
 
For health care practitioners, records include any report or record relating to examination or 
treatment of the patient.  
 
If the health care practitioner maintains an electronic health record system, the service provider 
must furnish the requested records in the format chosen by the requester, including, but not 
limited to, an electronic format, submission through a patient’s electronic personal health record, 
or access through a web-based patient portal if the service provider maintains a patient portal.  
 
The bill creates a definition for the term “legal representative” that is similar to the definition 
created for health care providers earlier in the bill. Under the bill and for this section, “legal 
representative” means a patient’s attorney who has been designated by the patient to receive 
copies of the patient’s medical records, a legally recognized guardian of the patient, a court-
appointed representative of the patient, or any other person designated by the patient or by a 
court of competent jurisdiction to receive copies of the patient’s medical records.  
 
The health care practitioner provider must, within 10 working days after receiving a written 
request from an individual or his or her legal representative, provide access to examine the 
original records in the service provider’s possession, or microforms, or other suitable 
reproductions of the records. The health care practitioner may impose any reasonable terms 
necessary to ensure that the records will not be damaged, destroyed, or altered.  
 
Sections 7, 8, 9, 11, and 12 of amend ss. 316.1932, 316.1933, 395.4025, 440.185, and 456.47, 
F.S., respectively, to revise cross-references to conform to the renumbering of subsections within 
s. 395.3025, F.S., in section 2 of the bill.  
 
Section 10 amends s. 429.294, F.S., to conform a cross-reference to changes made in the bill so 
that access to assisted living facility resident records is governed by s. 408.833, F.S., as created 
in section 5 of the bill, rather than s. 400.145, F.S.  
 
Section 13 provides that the bill will take effect January 1, 2026.  
 
38
 Acupuncturists; allopathic physicians, physician assistants, anesthesiologist assistants, and medical assistants; osteopathic 
physicians, physician assistants, and anesthesiologist assistants; chiropractic physicians and physician assistants; podiatric 
physicians; naturopathic physicians; optometrists; autonomous advanced practice registered nurses, advanced practice 
registered nurses, registered nurses, licensed practical nurses, and certified nursing assistants; pharmacists, pharmacy interns, 
and pharmacy technicians; dentists, dental hygienists, and dental laboratories; midwives; speech and language pathologists; 
audiologists; occupational therapists and occupational therapy assistants; respiratory therapists; dieticians and nutritionists; 
athletic trainers; orthotists, prosthetists, and pedorthists; electrologists; massage therapists; clinical laboratory personnel; 
medical physicists; genetic counselors; opticians; hearing aid specialists; physical therapists; psychologists and school 
psychologists; and clinical social workers, mental health counselors, and marriage and family therapists. 
39
 Section 456.057(2), F.S., exempts the following persons: certified nursing assistants, pharmacists and pharmacies, dental 
hygienists, nursing home administrators, respiratory therapists, athletic trainers, electrologists, clinical laboratory personnel, 
medical physicists, opticians and optical establishments, and persons or entities practicing under s. 627.736(7), F.S.  BILL: CS/SB 1606   	Page 10 
 
IV. Constitutional Issues: 
A. Municipality/County Mandates Restrictions: 
None. 
B. Public Records/Open Meetings Issues: 
None. 
C. Trust Funds Restrictions: 
None. 
D. State Tax or Fee Increases: 
None. 
E. Other Constitutional Issues: 
While a 14-day deadline for responding to records requests is not in conflict with the 
federal Information Blocking Rule, compliance with that statutory deadline alone may 
not be enough to shield a provider from liability under federal law if a delay is otherwise 
unreasonable.  
V. Fiscal Impact Statement: 
A. Tax/Fee Issues: 
None. 
B. Private Sector Impact: 
None. 
C. Government Sector Impact: 
The bill has no impact on state expenditures or revenues.  
VI. Technical Deficiencies: 
None. 
VII. Related Issues: 
Lines 152 and 204 respectively require that substance abuse service providers and health care 
providers furnish a true and correct copy of all records in the possession of the provider rather 
than a true and correct copy of all requested records in the possession of the provider. If this is 
unintended, an amendment should be considered to add the word “requested” before “records.”  
  BILL: CS/SB 1606   	Page 11 
 
The bill also requires health care providers, health care practitioners, mental health service 
providers, and substance abuse service providers that maintain an electronic health record system 
to furnish clinical records in a format chosen by the requester, including, but not limited to, an 
electronic format, submission through a patient’s electronic personal health record, or access 
through a web-based patient portal if the service provider maintains a patient portal. If a 
requester chooses an abstract electronic format that is contrary to the file format in which the 
provider or practitioner maintains the files, and which cannot easily be converted into the 
requested electronic format, this formatting requirement may be unnecessarily burdensome on 
the provider or practitioner.  
VIII. Statutes Affected: 
This bill substantially amends the following sections of the Florida Statutes: 394.4615, 395.3025, 
397.501, 400.145, 456.057, 316.1932, 316.1933, 395.4025, 429.294, 440.185, and 456.47.  
 
This bill creates section 408.833 of the Florida Statutes.  
IX. Additional Information: 
A. Committee Substitute – Statement of Substantial Changes: 
(Summarizing differences between the Committee Substitute and the prior version of the bill.) 
CS by Health Policy on March 25, 2025: 
The CS revises the requirement for health care providers and practitioners furnishing 
records pursuant to a request in the manner chosen by the requester. Under the CS, this 
includes, but is not limited to, an electronic format, submission through a patient's 
electronic personal health record, or access through a web-based patient portal if the 
provider maintains a patient portal. This clarifies that providers and practitioners that do 
not maintain a patient portal are not required to implement a patient portal to comply with 
the requirements of the bill.  
 
The CS deletes a cross-reference within s. 400.0234, F.S., which was mistakenly included 
in the underlying bill. The CS also changes the effective date of the bill from 
July 1, 2025, to January 1, 2026.  
B. Amendments: 
None. 
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.