Florida Senate - 2019                        COMMITTEE AMENDMENT
       Bill No. SB 1700
       
       
       
       
       
       
                                Ì428208-Î428208                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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       The Committee on Health Policy (Lee) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (b) of subsection (5) and subsection
    6  (10) of section 893.055, Florida Statutes, are amended to read:
    7         893.055 Prescription drug monitoring program.—
    8         (5) The following entities may not directly access
    9  information in the system, but may request information from the
   10  program manager or designated program and support staff:
   11         (b) The Attorney General for:
   12         1. Medicaid fraud cases involving prescribed controlled
   13  substances.
   14         2.An active investigation or pending civil or criminal
   15  litigation involving prescribed controlled substances other than
   16  Medicaid fraud cases. When releasing information pursuant to
   17  this subparagraph, the department must assign each patient whose
   18  information is released a unique identifying number that does
   19  not identify, or provide a reasonable basis to identify, the
   20  patient to whom the identifying number is assigned. The
   21  department may not release any patient information pursuant to
   22  this subparagraph other than the patient’s unique identifying
   23  number, year of birth, and the county, city, and zip code where
   24  the patient resides.
   25         (10) Information in the prescription drug monitoring
   26  program’s system may be released only as provided in this
   27  section and s. 893.0551.
   28         (a)Except as provided in paragraph (b), the content of the
   29  system is intended to be informational only. Information in the
   30  system is not subject to discovery or introduction into evidence
   31  in any civil or administrative action against a prescriber,
   32  dispenser, pharmacy, or patient arising out of matters that are
   33  the subject of information in the system. The program manager
   34  and authorized persons who participate in preparing, reviewing,
   35  issuing, or any other activity related to management of the
   36  system may not be permitted or required to testify in any such
   37  civil or administrative action as to any findings,
   38  recommendations, evaluations, opinions, or other actions taken
   39  in connection with management of the system.
   40         (b)The Attorney General may introduce information from the
   41  system released to him or her pursuant to subparagraph (5)(b)2.
   42  as evidence in a civil, criminal, or administrative action
   43  against a dispenser or a pharmacy. The program manager and
   44  authorized persons who participate in preparing, reviewing,
   45  issuing, or any other activity related to the management of the
   46  system may testify for purposes of authenticating the records
   47  introduced into evidence pursuant to this paragraph.
   48         Section 2. Paragraph (e) of subsection (3) and subsection
   49  (6) of section 893.0551, Florida Statutes, are amended to read:
   50         893.0551 Public records exemption for the prescription drug
   51  monitoring program.—
   52         (3) The department shall disclose such information to the
   53  following persons or entities upon request and after using a
   54  verification process to ensure the legitimacy of the request as
   55  provided in s. 893.055:
   56         (e) The Attorney General or his or her designee:
   57         1. When working on Medicaid fraud cases involving
   58  prescribed controlled substances or when the Attorney General
   59  has initiated a review of specific identifiers of Medicaid fraud
   60  or specific identifiers that warrant a Medicaid investigation
   61  regarding prescribed controlled substances. The Attorney
   62  General’s Medicaid fraud investigators may not have direct
   63  access to the department’s system. The Attorney General or his
   64  or her designee may disclose to a criminal justice agency, as
   65  defined in s. 119.011, only the information received from the
   66  department that is relevant to an identified active
   67  investigation that prompted the request for the information.
   68         2.When pursuing an active investigation or pending civil
   69  or criminal litigation involving prescribed controlled
   70  substances. Except for Medicaid fraud cases, when releasing
   71  information pursuant to this subparagraph, the department must
   72  assign each patient whose information is released a unique
   73  identifying number that does not identify, or provide a
   74  reasonable basis to identify, the patient to whom the
   75  identifying number is assigned. The department may not release
   76  any patient information pursuant to this subparagraph other than
   77  the patient’s unique identifying number, year of birth, and the
   78  county, city, and zip code where the patient resides.
   79         (6) An agency or person who obtains any information
   80  pursuant to this section must maintain the confidential and
   81  exempt status of that information and may not disclose such
   82  information unless authorized by law. Information shared with a
   83  state attorney pursuant to paragraph (3)(f), or paragraph
   84  (3)(h), or with the Attorney General or his or her designee
   85  pursuant to subparagraph (3)(e)2. may be released only in
   86  response to a discovery demand if such information is directly
   87  related to the criminal case for which the information was
   88  requested. Unrelated information may be released only upon an
   89  order of a court of competent jurisdiction.
   90         Section 3. This act shall take effect upon becoming a law.
   91  
   92  ================= T I T L E  A M E N D M E N T ================
   93  And the title is amended as follows:
   94         Delete everything before the enacting clause
   95  and insert:
   96                        A bill to be entitled                      
   97         An act relating to prescribed controlled substances;
   98         amending s. 893.055, F.S.; expanding the circumstances
   99         under which the Attorney General may request
  100         information from the prescription drug monitoring
  101         program to include an active investigation or pending
  102         civil or criminal litigation involving prescribed
  103         controlled substances; requiring the Department of
  104         Health to assign each patient a unique identifying
  105         number when releasing certain information; limiting
  106         the information of a patient the department may
  107         release; authorizing the Attorney General to introduce
  108         as evidence in certain actions specified information
  109         that is released to the Attorney General from the
  110         program’s records system; authorizing certain persons
  111         to testify as to the authenticity of certain records;
  112         amending s. 893.0551, F.S.; expanding the
  113         circumstances under which the department must disclose
  114         certain information to the Attorney General to include
  115         active investigations or pending civil or criminal
  116         litigation involving prescribed controlled substances;
  117         requiring the department to assign each patient a
  118         unique identifying number when releasing certain
  119         information; providing an exception; limiting the
  120         information of a patient the department may release;
  121         authorizing the release of specified information
  122         shared with a state attorney only in response to a
  123         discovery demand under certain circumstances;
  124         providing an effective date.