This case involved a federal preemption challenge to the Florida statute requiring that a potential medical malpractice plaintiff execute a written authorization form as a prerequisite to filing suit. That authorization form allows the prospective defendant to obtain documents and conduct ex parte interviews of the prospective plaintiff’s medical providers on matters related to the medical malpractice claim. On appeal to the U.S. Court of Appeals for the Eleventh Circuit, the Florida Justice Reform Institute submitted an amicus brief in which it argued that the presuit authorization form requirement is not contrary to or preempted by the Health Insurance Portability and Accountability Act (“HIPAA”). The Eleventh Circuit agreed, finding that the Florida statute is entirely consistent with HIPAA and that HIPAA authorizations do not need to be signed voluntarily to be valid.
FJRI represented by Gigi Rollini of Messer Caparello, P.A. and William W. Large.