Friday, January 13, 2012

Florida Supreme Court on Amendment 7

In W. Fla. Reg'l Med. Ctr. v. See, 79 So. 3d 1, 2012 Fla. LEXIS 55 (Fla. 2012), a unamimous Florida Supreme Court held that a blank application for medical staff privileges does not fall within the scope of confidentiality protections provided by F.S. §§ 766.101(5) and 395.0191(8), but even if it did, Amendment 7 requires disclosure.  Furthermore, the Health Care and Quality Improvement Act of 1986 (“HCQIA”) does not preempt the disclosure of peer review materials as required by Amendment 7. 

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