| 1 | A bill to be entitled |
| 2 | An act relating to public records; amending s. 429.285, |
| 3 | F.S.; providing an exemption from public records |
| 4 | requirements for the names and addresses of, medical |
| 5 | services provided to, social and economic conditions or |
| 6 | circumstances of, evaluations of personal information, |
| 7 | medical data, and information received verifying income |
| 8 | eligibility of, and amounts of medical assistance payments |
| 9 | regarding a resident transferred to or from, or discharged |
| 10 | from, an assisted living facility; providing for the |
| 11 | safeguarding of specified income information received from |
| 12 | the Social Security Administration or the Internal Revenue |
| 13 | Service; providing that the exemption does not prohibit |
| 14 | access by a local long-term care ombudsman council upon |
| 15 | request, by a reviewing court if such information is |
| 16 | required to be part of the record upon subsequent review, |
| 17 | or as otherwise specified under state law; providing for |
| 18 | review and repeal of the exemption; providing a statement |
| 19 | of public necessity; providing a contingent effective |
| 20 | date. |
| 21 |
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| 22 | Be It Enacted by the Legislature of the State of Florida: |
| 23 |
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| 24 | Section 1. Subsection (15) of section 429.285, Florida |
| 25 | Statutes, as created by HB 1401, 2008 Regular Session, is |
| 26 | renumbered as subsection (16), and a new subsection (15) is |
| 27 | added to that section to read: |
| 28 | 429.285 Resident transfer or discharge; requirements and |
| 29 | procedures; hearings; public records exemption.-- |
| 30 | (15)(a) In any hearing under this section, the following |
| 31 | information concerning the parties shall be confidential and |
| 32 | exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I |
| 33 | of the State Constitution: |
| 34 | 1. Names and addresses. |
| 35 | 2. Medical services provided. |
| 36 | 3. Social and economic conditions or circumstances. |
| 37 | 4. Evaluation of personal information. |
| 38 | 5. Medical data, including diagnosis and past history of |
| 39 | disease or disability. |
| 40 | 6. Any information received verifying income eligibility |
| 41 | and amount of medical assistance payments. Income information |
| 42 | received from the Social Security Administration or the Internal |
| 43 | Revenue Service must be safeguarded according to the |
| 44 | requirements of the agency that furnished the data. |
| 45 | (b) The exemption created by this subsection does not |
| 46 | prohibit access to such information by a local long-term care |
| 47 | ombudsman council upon request, by a reviewing court if such |
| 48 | information is required to be part of the record upon subsequent |
| 49 | review, or as specified in s. 24(a), Art. I of the State |
| 50 | Constitution. |
| 51 | (c) This subsection is subject to the Open Government |
| 52 | Sunset Review Act in accordance with s. 119.15 and shall stand |
| 53 | repealed on October 2, 2013, unless reviewed and saved from |
| 54 | repeal through reenactment by the Legislature. |
| 55 | Section 2. It is the finding of the Legislature that the |
| 56 | names and addresses of, medical services provided to, social and |
| 57 | economic conditions or circumstances of, evaluations of personal |
| 58 | information, medical data, and information received verifying |
| 59 | income eligibility of, and amounts of medical assistance |
| 60 | payments regarding a resident transferred to or from, or |
| 61 | discharged from, an assisted living facility be held |
| 62 | confidential and exempt from the requirements of s. 119.07(1), |
| 63 | Florida Statutes, and s. 24(a), Art. I of the State |
| 64 | Constitution. |
| 65 | Section 3. This act shall take effect on the same date |
| 66 | that HB 1401 or similar legislation takes effect, if such |
| 67 | legislation is adopted in the same legislative session or an |
| 68 | extension thereof and becomes law. |