Understanding Legal Issues

Educating yourself about the legal issues associated with chronic medical conditions and end-of-life care can bring peace of mind.

What is informed consent?

Patients in hospice need to give informed consent. The patient or proper legal representative (e.g. medical power of attorney; health care surrogate) must sign the informed consent in advance of admission into hospice care. Under Florida law, a health care proxy is allowed to sign the informed consent when no legal representative is available and the patient is not competent to make decisions.

How can I get access to medical records if my family member is in hospice?

The Florida statute is stricter than the federal Health Insurance Portability and Accountability Act (HIPAA) statute, which states that family members are allowed access to records for patients in hospice.

Under Florida hospice record law, a hospice may not release a patient’s hospice record or any portion thereof, unless the person requesting the information provides to the hospice:

  • A patient authorization executed by the patient
  • In the case of an incapacitated patient, a patient authorization executed prior to the patient’s death by the patient’s then-acting legal guardian, health care surrogate
  • A court order appointing the person as the administrator, curator, executor, or personal representative of the patient’s estate with authority to obtain the patient’s medical records. If a judicial appointment has not been made, a last will that is self-proved designates the person to act as the patient’s personal representative
  • An order by a court of competent jurisdiction to release the interdisciplinary record to the person.
  • Presenting a HIPAA form stating that you’re allowed to have records will not grant you access to those records unless you’re a legal representative of the patient. If a patient is of sound mind but they don’t think they will be able to make medical decisions as their illness progresses, they should designate a health care surrogate or medical power of attorney.

For more about HIPAA and privacy practices, including how you can get access to medical information, visit our HIPAA and Privacy page.

Advance Care Planning Discussions

What would happen if you were unable to speak for yourself? Would your loved one and family know your wishes? There’s never a better time than the present to think about advance care planning and make your wishes known.

Advance care planning discussions can include the following:

  • Advance directive
  • Living will
  • Durable power of attorney
  • Designation of a health care surrogate
  • Life-sustaining procedures
  • Do not resuscitate order (DNRO)
  • Physician order for life-sustaining treatment (POLST)

Click here for more information on Advance Care Planning. If you need assistance in getting the conversation started, call 1-866-204-8611 and speak with a care professional.

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About Us

Established in 1983 as a community-centered, nonprofit entity, Chapters Health has grown exponentially through its radical approach to healthcare that leverages a one-of-a-kind system to support patients, families, and caregivers across the country, while remaining grounded in the mission of taking care of patients, or taking care of those who do®.

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Andrew Molosky on podcast

John J. Whyte, MD, MPH

CEO and Executive President,
American Medical Association

John Whyte, MD, MPH serves as the CEO and Executive Vice President of the American Medical Association, the nation’s largest physician organization.

Prior to the AMA, Dr. Whyte served as the Chief Medical Officer at WebMD, leading initiatives that expanded strategic partnerships, created new business opportunities, and positioned WebMD at the forefront of digital health innovation. He was a pivotal force in evolving WebMD’s digital platforms from content delivery engines to powerful tools connecting consumers directly to care, establishing critical new revenue models. He is a recognized leader in healthcare delivery and regulation and is consistently named as one of the Top 20 Health Influencers.

Before joining WebMD, Dr. Whyte served as Director of Professional Affairs and Stakeholder Engagement at the U.S. Food and Drug Administration’s Center for Drug Evaluation and Research. There, he spearheaded groundbreaking initiatives to modernize clinical trial design, expand diversity in research, and advance the regulatory use of real-world evidence — efforts that continue to impact patient-centered drug development today.

Earlier, as Chief Medical Expert and Vice President of Health and Medical Education at Discovery Channel, Dr. Whyte launched educational programming that captured both medical and mainstream audiences, successfully aligning mission-driven health education with corporate funding strategies and building new multimedia brand identities.

At the Centers for Medicare & Medicaid Services (CMS), Dr. Whyte played a pivotal role in formalizing Medicare’s national coverage decision process, directly shaping payment policies and advancing innovative models to improve healthcare outcomes. His experience at CMS demonstrates a deep understanding of health policy, reimbursement strategies, and the critical intersection of clinical innovation and payment models.

A board-certified internist, Dr. Whyte completed his MD at Hahnemann University School of Medicine, his residency at Duke University Medical Center and earned his MPH in Health Policy and Management at Harvard University. He previously served as a health services research fellow at Stanford University. An accomplished author, Dr. Whyte has written extensively for both professional and consumer audiences, including five best-selling book

Andrew Molosky on podcast

Dr. Venki Ramakrishnan

Nobel Laureate

Venki Ramakrishnan is an American and British molecular biologist who shared the 2009 Nobel Prize in Chemistry. He currently works at the world-renowned MRC Laboratory of Molecular Biology in Cambridge, England and from 2015-2020, he served as President of the Royal Society, one of the world’s oldest scientific organizations. He is best known for his work on protein synthesis, the process by which genetic information is used by the ribosome to make the thousands of proteins that make life possible. This process is fundamental to all life and its dysfunction leads to many diseases as well as to aging. He is a member of the US National Academy of Sciences and was knighted by the British government in 2012. In 2022, he received one of Britain’s highest civilian honors, the Order of Merit, which is restricted to 24 people across all fields.

In addition to his academic work, Ramakrishnan is a science partner of the venture capital fund Ahren Innovation Capital, and on the boards of the AI-based drug development company, Isomorphic Labs, and the British Library. He recently co-founded RNAvate, an RNA therapeutics company based on stable, next-generation RNA molecules. In the public arena, he played a leadership role when he was president of the Royal Society, including dealing with the consequences of Brexit and helping convene the Society’s response to provide advice during the covid pandemic and did a significant amount of public engagement including articles in the press and appearances on national media.

Ramakrishnan is the author of two popular books: Gene Machine (2018), a very frank scientific memoir about the race for the structure of the ribosome that led to the Nobel Prize; and Why We Die: The New Science of Aging and the Quest For Immortality (2024), which looks at the biology of aging and efforts to combat it.

Andrew Molosky on podcast

Marwa El-Menshawi, MD, MPH

Chief Operating Officer, PACE Chapters Health System

Marwa El-Menshawi, MD is the Chief Operating Office for Hope PACE. She is a triple board-certified physician, specializing in Family, Geriatric and Hospice Medicine. Dr. El-Menshawi's focus is on improving the lives of those affected by advanced age and serious illness through innovation in high complexity and value-based care. She has almost 20 years of clinical, academic and healthcare leadership experience.

Dr. El-Menshawi is a member of the American Academy of Family Medicine and the National PACE Association. She serves on the Mayor's Committee for Livability and Healthy Aging, focused on serving the community through advocacy and education, recommending and promoting programs and initiatives that benefit older adults.

Dr. El-Menshawi earned her Medical Doctorate as a Magna Cum Laude graduate from the University of Alabama School of Medicine and was awarded the distinguished membership into the Alpha Omega Alpha medical honors society, along with multiple academic achievement awards including the American Medical Women's Association Glasgow-Rubin Achievement Citation, the Merck Manual Award and the Peacock Teaching Fellowship. She completed her residency in Family Medicine and Certificate of Added Qualifications in Geriatric Medicine following a Geriatrics Fellowship at Advent Health in Orlando, FL. She serves as a Clinical Assistant Professor of Geriatrics at the Florida State University College of Medicine and an Assistant Professor of Family Medicine at the University of Central Florida College of Medicine.

Andrew Molosky on podcast

Andrew Molosky

President and CEO, Chapters Health System

Andrew Molosky is the President and Chief Executive Officer of Chapters Health System, the country's defining chronic illness organization, comprised of more than 30 different companies and programs, including the nation's largest nonprofit hospice network, PACE, value-based care such as CareNu, a Medicare Advantage plan, managed services organizations, technology solutions, advanced illness offerings, and more.
Established in 1983 as a community-centered, nonprofit entity, Chapters Health has grown exponentially through Molosky's innovative approach to healthcare, becoming a national leader recognized by Great Places to Work, Fortune, USA Today, and others for being a top place to work.
As a leading voice in healthcare, Molosky is routinely engaged as a consultant, speaker, and mentor. Molosky is modeling and leading across several industries concurrently.
Molosky has more than 20 years of experience spanning an array of geographies and organizations, including publicly traded, privately held, and nonprofit. He completed his undergraduate work at the University of Toledo and his Master of Business Administration from the Ken Blanchard College of Business at Grand Canyon University, additionally holding his Fellowship from the American College of Healthcare Executives.