The Florida Senate

440.132  Investigatory records relating to workers' compensation managed care arrangements; confidentiality.--

(1)  All investigatory records of the Agency for Health Care Administration made or received pursuant to s. 440.134 and any examination records necessary to complete an investigation are confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution until the investigation is completed or ceases to be active, except that portions of medical records which specifically identify patients must remain confidential and exempt. An investigation is considered "active" while such investigation is being conducted by the agency with a reasonable, good faith belief that it may lead to the filing of administrative, civil, or criminal proceedings. An investigation does not cease to be active if the agency is proceeding with reasonable dispatch and there is good faith belief that action may be initiated by the agency or other administrative or law enforcement agency.

(2)  The Legislature finds that it is a public necessity that these investigatory and examination records be held confidential and exempt during an investigation in order not to compromise the investigation and disseminate potentially inaccurate information. To the extent this information is made available to the public, those persons being investigated will have access to such information which would potentially defeat the purpose of the investigation. This would impede the effective and efficient operation of investigatory governmental functions.

History.--ss. 1, 2, ch. 93-419; s. 286, ch. 96-406.