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2021 Florida Statutes (Including 2021B Session)

Title XXIX PUBLIC HEALTH
Chapter 400 NURSING HOMES AND RELATED HEALTH CARE FACILITIES Entire Chapter
SECTION 0077
Confidentiality.
F.S. 400.0077
400.0077 Confidentiality.—
(1) The following are confidential and exempt from the provisions of s. 119.07(1):
(a) Resident records held by the ombudsman or by the state or a local ombudsman council.
(b) The names or identities of the complainants or residents involved in a complaint, including any problem identified by an ombudsman council as a result of an investigation, unless:
1. The complainant or resident, or the legal representative of the complainant or resident, consents to the disclosure in writing;
2. The complainant or resident consents orally and the consent is documented contemporaneously in writing by the ombudsman council requesting such consent; or
3. The disclosure is required by court order.
(c) Any other information about a complaint, including any problem identified by an ombudsman council as a result of an investigation, unless an ombudsman council determines that the information does not meet any of the criteria specified in 1s. 119.14(4)(b); or unless the information is to collect data for submission to those entities specified in s. 712(c) of the federal Older Americans Act for the purpose of identifying and resolving significant problems.
(2) That portion of an ombudsman council meeting in which an ombudsman council discusses information that is confidential and exempt from the provisions of s. 119.07(1) is closed to the public and exempt from the provisions of s. 286.011.
(3) All other matters before the council shall be open to the public and subject to chapter 119 and s. 286.011.
(4) Members of any state or local ombudsman council shall not be required to testify in any court with respect to matters held to be confidential under s. 429.14 except as may be necessary to enforce the provisions of this act.
(5) Subject to the provisions of this section, the Office of State Long-Term Care Ombudsman shall adopt rules for the disclosure by the ombudsman or local ombudsman councils of files maintained by the program.
(6) This section does not limit the subpoena power of the Attorney General pursuant to s. 409.920(10)(b).
History.—ss. 31, 32, ch. 75-233; s. 3, ch. 76-168; s. 12, ch. 77-401; s. 1, ch. 77-457; ss. 10, 12, ch. 80-198; ss. 4, 6, ch. 81-184; ss. 2, 3, ch. 81-318; s. 4, ch. 82-46; ss. 39, 79, 83, ch. 83-181; s. 18, ch. 90-347; ss. 9, 29, 30, ch. 93-177; s. 49, ch. 93-217; s. 225, ch. 96-406; s. 3, ch. 2000-163; s. 129, ch. 2000-349; s. 49, ch. 2000-367; s. 18, ch. 2004-344; s. 23, ch. 2006-197; s. 33, ch. 2009-223.
1Note.—Repealed by s. 1, ch. 95-217.
Note.—Former s. 400.321.