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Florida Supreme Court says that PSQIA protections don’t preempt state law

The Supreme Court of Florida (the “Supreme Court”) has reversed a controversial Florida First District Appellate Court (the “Appellate Court”) decision. The Appellate Court had held that the federal Patient Safety and Quality Improvement Act of 2005 (PSQIA) preempted a provision of the Florida constitution providing patients with the right to access “adverse medical incident reports.” Amendment 7 of the Florida Constitution, adopted by voters in 2004, 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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