Florida’s EHR Storage Law Is Stricter Than You Think: Here’s What to Do Now

How to Verify EHR Vendor Compliance in Florida: A Step-by-Step Guide for Clinics

Florida’s healthcare data law (Statute §408.051(3)) changed the compliance landscape. It now requires that all patient information stored in an off-site physical or virtual environment be housed only within the U.S. or its territories.
For most clinics, that means one thing—you are responsible for verifying your vendor’s compliance, not just trusting their assurances.

Step 1: Identify All Systems That Store or Transmit PHI

Your first step is an inventory. Document every system that contains, processes, or exchanges PHI, from your EHR and telehealth platform to backup drives, billing portals, and AI transcription tools.
Create a simple log showing:

• Platform name

• Hosting location

• Data processing partners

• Encryption details

Tip: Use our Florida Compliance Assessment Tool to automatically flag vendors whose data storage location or policies are unclear.

Step 2: Request Written Vendor Assurance

Under Florida’s new standards, verbal confirmation is no longer enough. Request a written statement confirming:

• The data center’s physical location (must be within U.S. or territories)

• No offshore subcontractors handle patient information

• Compliance with HIPAA and Florida Statute 408.051(3)

Keep copies of these attestations for your audit file.

Step 3: Validate Your EHR or EMR Vendor’s Hosting

Even if your vendor claims to be “HIPAA-compliant,” that doesn’t guarantee Florida compliance.
Run their domain through a WHOIS or IP lookup, then verify whether hosting IPs trace to the U.S.

If your vendor uses global CDNs (like AWS, Azure, or Google Cloud), ensure their data residency settings are restricted to U.S. regions.

⚙️ Our Compliance Verification Tool checks for offshore data routing and provides a written validation summary ready for CMS or AHCA inspection.

Step 4: Document & Store Evidence

Every compliance step should be logged. Save vendor responses, test results, and audit evidence in a single repository.
When AHCA or CMS requests proof, you’ll be able to present a complete chain of compliance verification.

Step 5: Schedule Annual Reassessments

Vendors change servers, contracts, and policies. Reassess your entire vendor list every 12 months—or sooner if your EHR vendor releases a major update.

Our Florida EHR Compliance Assessment simplifies this:

• Upload your vendor list

• Receive automated checks and status reports

• Get recommendations for high-risk vendors

• Generate an annual compliance report in minutes

Conclusion: Protect Your Practice Before an Audit Does

Florida’s data-storage requirements are not optional. A single offshore server can put your clinic at risk of penalties, patient distrust, and AHCA findings.
Performing an annual compliance assessment protects your license, reputation, and peace of mind.

Ready to verify your vendors?
Try our Florida Compliance Assessment Tool today and generate your first compliance report in less than five minutes.