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House Bill 3311




    Florida House of Representatives - 1998                HB 3311

        By Representative Saunders






  1                      A bill to be entitled

  2         An act relating to public records; providing an

  3         exemption from public records requirements for

  4         information contained in a notification of an

  5         adverse incident provided to the Agency for

  6         Health Care Administration by a facility

  7         licensed under ch. 395, F.S.; providing that

  8         such information is not discoverable or

  9         admissible in a civil action or administrative

10         proceeding unless such action or proceeding is

11         a disciplinary proceeding conducted by the

12         agency or a regulatory board; providing for

13         future review and repeal; providing a finding

14         of public necessity; providing a contingent

15         effective date.

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17  Be It Enacted by the Legislature of the State of Florida:

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19         Section 1.  The information contained in the

20  notification of an adverse incident, which is required under

21  section 395.0197, Florida Statutes, and provided to the Agency

22  for Health Care Administration by a facility licensed under

23  chapter 395, Florida Statutes, is confidential and exempt from

24  section 119.07(1), Florida Statutes, and Section 24(a),

25  Article I of the State Constitution. In addition, the

26  information is not discoverable or admissible in a civil or

27  administrative action, unless the action is a disciplinary

28  proceeding by the Agency for Health Care Administration or the

29  appropriate regulatory board. The information may not be made

30  available to the public as part of the record of investigation

31  or prosecution in a disciplinary proceeding which is made

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    Florida House of Representatives - 1998                HB 3311

    550-151-98






  1  available by the Agency for Health Care Administration or a

  2  regulatory board. This exemption is subject to the Open

  3  Government Sunset Review Act of 1995 in accordance with

  4  section 119.15, Florida Statutes, and shall stand repealed on

  5  October 2, 2003, unless reviewed and saved from repeal through

  6  reenactment by the Legislature.

  7         Section 2.  The Legislature finds that the exemption

  8  from the public records law provided in section 1 of this act

  9  is a public necessity, and that it would be an invasion of a

10  patient's privacy for information contained in the

11  notification of an adverse incident to be publicly available.

12  Furthermore, the Legislature finds that such information is of

13  a sensitive nature and must be kept confidential so that the

14  Agency for Health Care Administration can effectively carry

15  out its responsibilities.

16         Section 3.  This act shall take effect on the date

17  Senate Bill     , relating to the regulation of health care

18  facilities, or similar legislation becomes a law, and shall

19  not take effect if such legislation does not become a law.

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21            *****************************************

22                          SENATE SUMMARY

23    Provides an exemption from public records requirements
      for information contained in reports of adverse incidents
24    provided to the Agency for Health Care Administration by
      certain health care facilities. Provides for future
25    review and repeal of the exemption.

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