Florida Department of Health

February 1, 2007

TO LICENSED HEALTH CARE PROVIDERS

Re: Communicable Disease Investigation

Issue has arisen concerning the impact of HIPAA on the authority of the Department and 
its county health departments in regards to obtaining copies of records of patients 
suspected of being infected with a communicable disease.  The applicable section of the 
HIPAA regulations allowing disclosure of patient records for communicable disease 
investigation is 45 CFR Section 164.512(b) which provides that access may be granted to 
“A public health authority that is authorized by law to collect or receive such information 
for the purpose of preventing or controlling disease, injury, or disability, including, but 
not limited to, the reporting of disease, injury, vital events such as birth or death, and the 
conduct of public health surveillance, public health investigations, and public health 
interventions.”

Furthermore Section 381.031(3), Florida Statutes, affirmatively requires licensed health 
care providers to allow department personnel access to communicable disease 
information in patient medical and specifically provides: “Health care practitioners, 
licensed health care facilities, and laboratories shall allow the department to inspect and 
obtain copies of such medical records and medical-related information, notwithstanding 
any other law to the contrary.”  This same statute creates an exception to confidentiality 
laws and also provides security to the practitioner by stating: “A health care practitioner . 
. .  may not be held liable in any manner for damages and is not subject to criminal 
penalties for providing patient records to the department as authorized by this section.”

Please assure the continued flow of information and response to public health 
investigations to allow for the success of our Communicable Disease Prevention and 
Control Program.

Sincerely,

Rodney M. Johnson, JD, BCHL 
Department Privacy Officer

OFFICE OF THE GENERAL COUNSEL
2585 Merchants Row Blvd, Prather Building, Suite 110
Tallahassee, FL 32399
MAILTO:
4052 Bald Cypress Way, Bin A02
Tallahassee, FL 32399-1703
Phone (850) 245-4005, Fax (850) 413-9743