House Bill 0879e1

                                       HB 879, First Engrossed/ntc



  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 subpoena or court order

  7         under certain circumstances; providing

  8         definitions; 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 or legal guardian clearly states in writing that

19  disclosure to specified persons of all or part of such

20  information could jeopardize the individual's safety.

21         (2)  A carrier shall disclose health information

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

23  determination that the public interest in disclosure outweighs

24  the individual's privacy interest and that the health

25  information is not reasonably available by other means.  When

26  the carrier is a non-party to the litigation in which the

27  request for health information has been made, it shall be the

28  responsibility of the individual, after notice from the

29  carrier, to ensure that a judicial determination is made.

30         (3)  For purposes of this section:

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






                                       HB 879, First Engrossed/ntc



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

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

  3  chapter 641.

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

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

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

  7  behavioral health or condition of an individual or any member

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

  9  health care to an individual and which identifies such

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

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

12  who is the subject of such health information.

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

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