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OPIS MGMT. v. SEC., FLA. AGENCY FOR HEALTH CARE

No. 12-12593.

713 F.3d 1291 (2013)

OPIS MANAGEMENT RESOURCES, LLC, Ruleme Center, LLC, Gulf Coast Healthcare, LLC, SA-PG-Jacksonville, LLC, SA-PG-Sun City Center, LLC, et al., Plaintiffs-Appellees, v. SECRETARY, FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

April 9, 2013.

Attorney(s) appearing for the Case

Kari Leigh Aasheim , Daniel E. Dias , Mancuso & Dias, PA, Tampa, FL, for Plaintiffs-Appellees.

Shena L. Grantham , Dwight Oneal Slater , Stuart F. Williams , Florida Agency for Health Care Admin., Pam Bondi , Atty. Gen.'s Office, Tallahassee, FL, for Defendant-Appellant.

Before DUBINA, Chief Judge, and BLACK and ALARCÓN, Circuit Judges.

BLACK, Circuit Judge:

The issue before us is whether § 400.145 of the Florida Statutes — which provides for the release of medical records of deceased residents of nursing homes to certain specified individuals — is preempted by the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA), 42 U.S.C. § 1320d to d-9, and its implementing regulations. As it stands, § 400.145 and...

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