House Bill 4339

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    Florida House of Representatives - 1998                HB 4339

        By Representative Bloom






  1                      A bill to be entitled

  2         An act relating to public records; amending s.

  3         119.07, F.S., relating to inspection,

  4         examination, and duplication of records;

  5         exempting information pertaining to natural

  6         persons in health, medical, patient, or health

  7         insurance records from the public records law;

  8         providing exceptions; amending s. 286.011,

  9         F.S., relating to public meetings; exempting

10         from public discussion portions of public

11         meetings during which the contents of health,

12         medical, patient, or health insurance

13         information pertaining to a natural person are

14         considered; providing exceptions; providing

15         justification for exemptions; providing an

16         effective date.

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

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20         Section 1.  Present paragraphs (w), (x), (y), (z),

21  (aa), and (bb) of subsection (3) of section 119.07, Florida

22  Statutes, are redesignated as paragraphs (x), (y), (z), (aa),

23  (bb), and (cc), respectively, and a new paragraph (w) is added

24  to that subsection to read:

25         119.07  Inspection, examination, and duplication of

26  records; exemptions.--

27         (3)

28         (w)  Except as otherwise provided by law, any

29  information pertaining to a natural person which is contained

30  in a health, medical, patient, or health insurance record is

31  exempt from subsection (1) and s. 24(a), Art. I of the State

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    Florida House of Representatives - 1998                HB 4339

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  1  Constitution. However, such information may be disclosed if

  2  the person to whom the information pertains or the person's

  3  legal representative provides written permission or if a court

  4  of competent jurisdiction orders disclosure.

  5         Section 2.  Subsection (1) of section 286.011, Florida

  6  Statutes, is amended and subsection (9) is added to that

  7  section to read:

  8         286.011  Public meetings and records; public

  9  inspection; criminal and civil penalties.--

10         (1)  All meetings of any board or commission of any

11  state agency or authority or of any agency or authority of any

12  county, municipal corporation, or political subdivision,

13  except as otherwise provided in the Constitution and

14  subsection (9), at which official acts are to be taken are

15  declared to be public meetings open to the public at all

16  times, and no resolution, rule, or formal action shall be

17  considered binding except as taken or made at such meeting.

18  The board or commission must provide reasonable notice of all

19  such meetings.

20         (9)  A portion of a meeting that is declared a public

21  meeting open to the public under subsection (1) during which

22  the contents of a health, medical, patient, or health

23  insurance record pertaining to a natural person or containing

24  information provided by a natural person about the person who

25  is the subject of the record is discussed shall be closed to

26  the public unless such persons or their legal representatives

27  have given their written consent for public discussion or a

28  court of competent jurisdiction orders public discussion. This

29  subsection does not apply to disciplinary proceedings of

30  licensed health care personnel.

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    Florida House of Representatives - 1998                HB 4339

    252-361-98






  1         Section 3.  The Legislature finds that it is a public

  2  necessity that information concerning a natural person

  3  included in health, medical, patient, and health insurance

  4  records which are held by a governmental agency be exempt from

  5  the public records law, as provided in subsection 24(a) of

  6  Article I of the State Constitution and section 119.07,

  7  Florida Statutes, and the public meetings law, as provided in

  8  subsection 24(b) of Article I of the State Constitution and

  9  section 286.011, Florida Statutes. The Legislature finds that

10  the right to privacy as guaranteed under Article I, Section 23

11  of the State Constitution protects every natural person from

12  government intrusion into his or her private life. Government

13  disclosure of a health, medical, patient, and health insurance

14  record that otherwise may not be released to the public

15  without the consent of the person to which it pertains or in

16  response to a court order is deemed to be governmental

17  intrusion. A person who has sought and obtained health or

18  medical care should be protected from aimless, casual, or

19  sensationalized public scrutiny of personal, sensitive

20  information about his or her physical or mental status, except

21  for the most compelling of public policy reasons, such as

22  alerting the public to a person who has been determined to

23  pose a health danger and minimizing the spread of such a

24  danger. Additionally, as provided in section 119.15(4)(b)1.,

25  Florida Statutes, a requirement that health, medical, patient,

26  or health insurance records be disclosed to the public may

27  reasonably be anticipated to impair the state or its political

28  subdivisions in the effective and efficient administration of

29  governmental programs. Such programs include regulatory

30  investigations conducted by the Department of Health, county

31  health departments, the Department of Insurance, and the

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    Florida House of Representatives - 1998                HB 4339

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  1  Agency for Health Care Administration; medical treatments

  2  provided by county health departments, teaching hospitals, and

  3  public hospitals; and payment for health and medical services

  4  with public funds such as through the Medicaid program,

  5  county-reimbursed funding, or special hospital districts.

  6  Furthermore, health, medical, patient, and health insurance

  7  records generated by public health care facilities, such as

  8  public hospitals, would be subject to disclosure while such

  9  records that are generated by private hospitals and other

10  private health care entities would not be automatically

11  subject to public disclosure. Disparate treatment of health,

12  medical, patient, and health insurance records by public and

13  private health care providers will undermine the integrity and

14  the availability of the public health services and public

15  health facilities, which may result in loss of public

16  confidence in the state's public health system. Therefore, the

17  Legislature finds that the harm of disclosure of the identity

18  of a natural person who is the subject of a health, medical,

19  patient, or health insurance record, of health care

20  professionals, and of individuals who are not health care

21  professionals substantially outweighs the public benefit in

22  allowing such disclosure.

23         Section 4.  This act shall take effect upon becoming a

24  law.

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    Florida House of Representatives - 1998                HB 4339

    252-361-98






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  2                          HOUSE SUMMARY

  3
      Exempts from the public records law any identifying
  4    information pertaining to a natural person which is
      contained in a health, medical, patient, or insurance
  5    record. Permits disclosure of such information if the
      person to whom the information pertains or the person's
  6    legal representative provides written permission or if a
      court orders disclosure. Requires that any portion of a
  7    public meeting at which such information is discussed be
      closed to the public unless consent is given or a court
  8    orders public discussion. Specifies that this requirement
      does not apply to disciplinary proceedings of licensed
  9    health care personnel.

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