House Bill 0245
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1999 HB 245
By Representative Goode
1 A bill to be entitled
2 An act relating to public records; providing an
3 exemption from public records requirements for
4 information about patients of home medical
5 equipment providers which is obtained by
6 employees or service providers or the licensing
7 agency; providing an exemption from public
8 records requirements for information obtained
9 by the Agency for Health Care Administration or
10 a home medical equipment provider in connection
11 with background screening; providing for future
12 review and repeal; providing findings of public
13 necessity; providing a contingent effective
14 date.
15
16 Be It Enacted by the Legislature of the State of Florida:
17
18 Section 1. Information about patients of a home
19 medical equipment provider which is received by persons
20 employed by, or providing services to, a home medical
21 equipment provider or which is received by the licensing
22 agency through reports or inspection, is confidential and
23 exempt from the provisions of s. 119.07(1), Florida Statutes,
24 and s. 24(a), Art. I of the State Constitution. This section
25 is subject to the Open Government Sunset Review Act of 1995 in
26 accordance with s. 119.15, Florida Statutes, and shall stand
27 repealed on October 2, 2004, unless reviewed and saved from
28 repeal through reenactment by the Legislature.
29 Section 2. The Legislature finds that exempting
30 information related to patients of home medical equipment
31 providers from public records law requirements is a public
1
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1999 HB 245
154-255-99
1 necessity, in that the harm caused by the release of such
2 personal and sensitive information, which usually includes
3 medical information, outweighs any public benefit derived from
4 releasing such information.
5 Section 3. Information that is obtained by the Agency
6 for Health Care Administration in connection with background
7 screening requirements associated with applications for
8 licensure as a home medical equipment provider, or by a home
9 medical equipment provider in connection with background
10 screening requirements that apply to a prospective employee of
11 the home medical equipment provider, is confidential and
12 exempt from the provisions of s. 119.07(1), Florida Statutes,
13 and s. 24(a), Art. I of the State Constitution. This section
14 is subject to the Open Government Sunset Review Act of 1995 in
15 accordance with s. 119.15, Florida Statutes, and shall stand
16 repealed on October 2, 2004, unless reviewed and saved from
17 repeal through reenactment by the Legislature.
18 Section 4. The Legislature finds that exempting
19 background screening information obtained in connection with
20 applications for licensure as a home medical equipment
21 provider and background screening information related to
22 employees of home medical equipment providers from public
23 records law requirements is a public necessity, in that the
24 health and safety of the public necessitates having available
25 applicants for licensure as home medical equipment providers
26 and for positions as home medical equipment provider
27 personnel, and allowing such information concerning applicants
28 to be disseminated would have a chilling effect upon the
29 willingness to apply for such positions on the part of any
30 person about whom there is information of past misbehavior
31 contained in juvenile records or criminal records or in the
2
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1999 HB 245
154-255-99
1 central abuse registry, even if the person were fully
2 rehabilitated and would be a suitable licensee or employee.
3 Section 5. This act shall take effect on the same date
4 that House Bill or similar legislation creating part X of
5 chapter 400, Florida Statutes, requiring licensure of home
6 medical equipment providers, takes effect, if such legislation
7 is adopted in the same legislative session or an extension
8 thereof.
9
10 *****************************************
11 HOUSE SUMMARY
12
Provides an exemption from public records requirements
13 for information about patients of home medical equipment
providers which is obtained by employees or service
14 providers or the Agency for Health Care Administration.
Provides an exemption from public records requirements
15 for information obtained by the agency in connection with
background screening of applicants for licensure as a
16 home medical equipment provider or by a home medical
equipment provider in connection with background
17 screening of prospective employees. Provides for future
review and repeal. Takes effect contingent on passage of
18 legislation requiring licensure of home medical equipment
providers.
19
20
21
22
23
24
25
26
27
28
29
30
31
3