Confidentiality of Medical Records as a Condition of Hospital Licensure

6 CCR 1011-1:II-6.100: Licensed Colorado hospitals must “develop and implement a policy regarding patient rights" including the right to the confidentiality of medical records. 

16 Del. C. § 1006: Grounds on which the Delaware Department of Health and Social Services may deny, suspend or revoke the license of any hospital.

16 Del. C. § 1009A: "A patient’s right of confidentiality shall not be violated in any manner.” 

16 Del. C. § 1010A: Healthcare facilities that violate the Healthcare Associated Infections Disclosure Act, including the provision regarding patient privacy, face revocation of their license or civil penalties.

FL ST § 395.003: The Agency for Health Care Administration may suspend or revoke the license of a hospital that fails to comply with applicable laws and regulations. 

FL ST § 395.3025: Patient records maintained by licensed Florida facilities, including hospitals, are confidential and may not be disclosed without patient consent unless disclosure occurs to specified persons or in specified circumstances.

FL ST § 408.815: The Agency for Health Care Administration may suspend or revoke the license of a health care facility that violates the health care licensing statute or related rules.  

Haw. Admin. Rules (HAR) § 11-93-3: Hawaii grants the Director of the Department of the Health the authority to license, inspect, and discipline hospitals. 

Haw. Admin. Rules (HAR) § 11-93-21: Licensed Hawaii hospitals must maintain confidential medical records that contain information regarding the patient’s identity, diagnosis, treatment, observations, and medical staff orders.

Haw. Admin. Rules (HAR) § 11-93-26: Licensed Hawaii hospitals must establish “[w]ritten policies regarding the rights and responsibilities of patients…” These rights and responsibilities must include, among other items, that the patient is “entitled” to the confidentiality of their medical records. 

IL ST CH 210 § 85/7: The Director of Public Health may suspend or revoke the license of a hospital that fails to comply with the Hospital Licensing Act, Hospital Report Card Act, Illinois Adverse Health Care Events Reporting Law of 2005, or other applicable rules, regulations, and standards. 

Neb. Admin. R. & Regs. Tit. 175, Ch. 9, § 006: Licensed hospitals are required to maintain confidential medical records for at least ten years after a patient’s discharge or three years after a child patient reaches the age of eighteen. 

Neb. Admin. R. & Regs. Tit. 175, Ch. 9, § 008: The Nebraska Department of Health and Human Services Regulation and Licensure may take disciplinary action against a licensed hospital that, among other grounds, fails to comply with the Health Care Facility Licensure Act or the 175 NAC 9 regulations. 

R.I. Admin. Code 31-4-18:27.0: Licensed Rhode Island hospitals must implement measures to ensure the confidentiality of all medical records.

R.I. Admin. Code 31-4-18:7.0: The Rhode Island Department of Health may suspend or revoke a hospital’s license due to their noncompliance with the hospital licensing regulations, including the regulations pertaining to the maintenance and confidentiality of medical records.

SDCL § 34-12-19: The South Dakota Department of Health may suspend the license of a hospital or related institution for violations of the Chapter 34-12 laws or related regulations. 

ARSD 44:04:09:04: Hospitals must establish polices and procedures regarding the maintenance of medical records. The policies and procedures must address, among other items, how to safeguard and protect the confidentiality of medical records.