Categories
All Articles Entrepreneurship Practicing Remotely Telehealth

Florida Bans Off-Shore Access of Patient Data

So you can’t do telemedicine from abroad anymore if you see Florida patients?

In May 2023, Florida passed a law prohibiting healthcare providers from storing patient data overseas. This law is meant to protect patient privacy and security by ensuring that patient data is not lost, stolen, or accessed by unauthorized individuals.

Book a Thanksgiving call with Dr. Mo today! 1/2 the normal price. Previosuly, $250/hr now only $125/30-min! It won’t last long and yes, trust me, it’s a good deal.

Patient Data Safety Overseas

Which begs the question, if overseas data is so insecure why are all major corporations doing it? They have billions at stake.

The law applies to all clinicians who store patient data electronically, regardless of whether they take insurance or not. This means that doctors who have their own private, cash-based practice are also subject to the law.

So what if you go back to paper charts? Hm….

#backtopaper

Medical Mission Exceptions to This Law

There are a few exceptions to the law. For example, doctors may be able to access patient data if they are traveling to a foreign country for a medical mission.

Oh, I wanted to take a moment to let you guys all know that I started a new medical mission company and I’ll be traveling to differnt countries doing medical mission work. Let me know if you want to join and I’m happy to provide you with documentation! And excited to have you along for the journey.

#savingafrica

Medical missions and volunteering in healthcare is quite important to me. In fact, I was really heartbroken when in 2018, when I received a 30-day license suspension from Oregon, I was also told I have to stop doing any medical volunteer work. Which makes sense, if you’re adanger to paying patients you are also a danger to patients who have no other chance at access whatsoever … well, at least for those 30 days …

Telemedicine Exception …

The law states that healthcare providers are prohibited from “storing, accessing, or transmitting electronic patient data” outside of the United States. However, it does not define what constitutes “accessing” electronic patient data. Some experts argue that accessing electronic patient data for the purpose of providing telemedicine services does not violate the law, as the data is not being stored or transmitted outside of the United States.

I’m so glad we cleared this up. The law now makes perfect sense. We can’t store the data overseas even though we have no control over which server our EHR provider uses and no idea how many nodes the data gets passed through before making it to our computer screen but we can access it for clinical purposes.

Patient Safety Priority!!!

“The Florida law is a significant step towards protecting patient privacy and security. By prohibiting healthcare providers from storing patient data overseas, the law helps to ensure that patient data is safe and secure.”

It’s important to reiterate this to those of you who simply don’t get it: the #1 biggest risk to patient health & safety right now is patient data security.

The upclose anal shot of your hemorrhoid CANNOT fall in the wrong hands. We have no control over a foreign nation if a coup de tat overthrows the regime and they confiscate the server hardware!

Cardiovascular disease? Teenage pregnancy? Homelessness? Elederly care? Cancer? Are you stupid …?! How could any such conditions come close to the importance of HIPAA, PHI, and data security?

#patientsfirst

Things for Florida to Consider

All joking aside, I’m obviously extatic that one of our states finally passed a law to demonstrate where their allegiance lies. Patients Insurance Companies need to be protected and their interests are paramount to a sustainable healthcare system in the US.

I wrote this article because it’s incredibly important to me that the lawmakers take certain things into consideration to avoid any potentuial escapee loopholes in this patient fiduciary law:

  • don’t allow doctors to do papercharts
  • regulate any health coaching that might replace clinical medicine
  • don’t allow doctors to use VPNs
  • don’t allow doctors to set up their own serves at home and log into them using a camera to view the chart
  • prevent any doctor from seeing a patient without access their chart first
  • do not allow patients to share their data with a physician directly
  • don’t allow the doctor’s MA or a VA in the US to read off the EMR content to the doctor
  • Don’t allow the physician to download the EMR offline on their computer and take the computer with them overseas

Anyway, now let’s go kill some turkeys!

2 replies on “Florida Bans Off-Shore Access of Patient Data”

Is Florida law referring to accessing patient info from abroad or just to actually storing it?

The interpretation of any law is up to the lawyers and judges and jury once your case ends up before them. The law does not make it explicit so there is no exact answer to your question. But I think I made a very good case to explain the potential answer to your question in the article.

Leave a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.