Florida Statutes Title XXX. Social Welfare § 429.294. 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 within 10 days, in accordance with the provisions of s. 400.145 ,  1 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) No facility shall be held liable for any civil damages as a result of complying with this section.

1 Reviser’s Note--2015:  Section 400.145 formerly provided for 7 days to provide copies of current resident records and 10 days to provide copies of former resident records.  The section was substantially reworded by s. 4, ch. 2014-83, to provide 14 days for compliance regarding current resident records and 30 days for former resident records.

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