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Florida appellate court reverses order to produce documents; federal peer review protections preempt conflicting state law
The First District Appellate Court of Florida (the "Court") recently overturned an order compelling a hospital to turn over occurrence reports, holding that by operation of the Supremacy Clause of the United States Constitution, the federal Patient Safety and Quality Improvement Act of 2005 (PSQIA) preempted Amendment 7 of the Florida Constitution (Article X, Section 25). (Adopted by voters in 2004, Amendment 7 provides patients with the right to access "any records made or received in the course of business by a health care facility or provider relating to any adverse medical incident.")
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