Senate Bill 1828

    Florida Senate - 1999                                  SB 1828

    By Senator Mitchell





    10-1116A-99                                             See HB

  1                      A bill to be entitled

  2         An act relating to health information privacy;

  3         creating s. 627.433, F.S.; limiting carrier

  4         disclosure of health information under certain

  5         circumstances; requiring disclosure of health

  6         information pursuant to court order under

  7         certain circumstances; providing definitions;

  8         providing an effective date.

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

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12         Section 1.  Section 627.433, Florida Statutes, is

13  created to read:

14         627.433  Limited disclosure of health information;

15  court orders.--

16         (1)  A carrier shall limit disclosure of health

17  information, consistent with an individual's request, if the

18  individual clearly states in writing that disclosure to

19  specified persons of all or part of such information could

20  jeopardize the individual's safety.

21         (2)  A carrier shall disclose health information

22  pursuant to a subpoena or a court order issued after the

23  court's determination that the public interest in disclosure

24  outweighs the individual's privacy interest and that the

25  health information is not reasonably available by other means.

26         (3)  For purposes of this section:

27         (a)  "Carrier" means any person or entity licensed in

28  this state under chapter 624, chapter 626, chapter 636, or

29  chapter 641.

30         (b)  "Health information" means any information, in any

31  form, in the possession of a carrier or a person acting on

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1828
    10-1116A-99                                             See HB




  1  behalf of a carrier which relates to any physical, mental, or

  2  behavioral health or condition of an individual or any member

  3  of the individual's family or the provision of or payment for

  4  health care to an individual and which identifies such

  5  individual or which could be used to identify such individual.

  6  For purposes of this act, the term "individual" means a person

  7  who is the subject of such health information.

  8         Section 2.  This act shall take effect October 1, 1999.

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11                       LEGISLATIVE SUMMARY

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      Limits disclosure of health information by carriers if
13    requested by an individual to protect his or her safety.
      Provides for disclosure pursuant to a subpoena or a court
14    order. See bill for details.

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