In many counties throughout the State of Florida, Marchman Act proceedings are deemed confidential by local administrative order. However, in some counties various legal pleadings must be filed to request that the court protect and make confidential these proceedings. ARLS will file all necessary legal pleadings to request that the information contained in the Marchman Act litigation is deemed confidential.
In regard to Marchman Act medical records and treatment records, Federal HIPAA Law and the rules of confidentiality are very strict and can be frustrating for the client when the Respondent refuses to sign an “Authorization for Release of Information”. The client will also undoubtedly be frustrated when a treatment facility is unable to answer questions regarding the respondent’s treatment due to a consent not being signed. To ensure continued enforcement, ARLS will request the court order the treatment provider to testify in support of any necessary motions or petitions pending before the court.
Note: Although the treatment facility cannot disclose information without a release of information or court order, this does not stop ARLS from returning to court if the client observes that the Respondent is failing to comply with treatment, suspects that this is the case, or, has knowledge that the Respondent has relapsed.