Florida Statute 400.0234 - Full Text and Legal Analysis

400.0234 Availability of facility records for investigation of resident’s rights violations and defenses; penalty.—

(1) Failure to provide complete copies of a resident’s records, including, but not limited to, all medical records and the resident’s chart, within the control or possession of the facility in accordance with s. 400.145 shall constitute evidence of failure of that party to comply with good faith discovery requirements and shall waive the good faith certificate and presuit notice requirements under this part by the requesting party.

(2) Information submitted pursuant to s. 408.061(5) and (6) is discoverable and may be admissible in a civil action or an administrative action under this part or part II of chapter 408.

(3) No facility shall be held liable for any civil damages as a result of complying with this section.

History.—s. 6, ch. 2001-45; s. 3, ch. 2022-61.

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This Florida statute resource is curated by the attorney maintaining this site, a Jacksonville, Florida personal injury and workers' compensation attorney (Florida Bar No. 39104). Attorney Syfert regularly handles Chapter 400 matters in the context of nursing home negligence and represents clients throughout Northeast Florida. For legal consultation, call 904-383-7448.