House Bill 1479c1

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    Florida House of Representatives - 2000             CS/HB 1479

        By the Committees on Governmental Operations, Health Care
    Services and Representative Peaden





  1                      A bill to be entitled

  2         An act relating to public records; amending s.

  3         119.07, F.S.; providing an exemption from

  4         public records requirements for identifying

  5         information contained in personal health

  6         records made or received by the Department of

  7         Health or its service providers; specifying

  8         conditions under which such information may be

  9         released; providing for future review and

10         repeal; providing a finding of public

11         necessity; providing an effective date.

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

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15         Section 1.  Paragraph (dd) is added to subsection (3)

16  of section 119.07, Florida Statutes, to read:

17         119.07  Inspection, examination, and duplication of

18  records; exemptions.--

19         (3)

20         (dd)  All identifying information contained in public

21  records as defined in s. 119.011(1) made or received by the

22  Department of Health or its service providers concerning all

23  aspects of an individual's personal health, including, but not

24  limited to, the identity of the individual, the evaluation,

25  diagnosis, and treatment of medical problems, counseling,

26  eligibility for services, and case management, is confidential

27  and exempt from the provisions of subsection (1) and s. 24(a),

28  Art. I of the State Constitution, except as provided in this

29  paragraph or except as otherwise provided by law.

30         1.  Information made confidential and exempt by this

31  paragraph shall be disclosed:

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    Florida House of Representatives - 2000             CS/HB 1479

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  1         a.  With the written consent of the individual or the

  2  individual's legally authorized representative. Furthermore,

  3  if a request is made for a specific individual's records, such

  4  records shall be disclosed only with the express written

  5  consent of the individual or the individual's legally

  6  authorized representative.

  7         b.  For research purposes, such as epidemiological

  8  investigations, provided the information is summarized so that

  9  no individual can be identified and no names are revealed.

10         c.  In a medical emergency, but only to the extent

11  necessary to protect the health or life of the individual.

12         2.  When disclosure is made pursuant to a subpoena, the

13  court shall seal such records from further disclosure, except

14  as otherwise deemed necessary by the court.  Except as

15  provided in this paragraph, records disclosed pursuant to a

16  subpoena remain confidential and exempt from the provisions of

17  subsection (1) and s. 24(a), Art. I of the State Constitution.

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19  This paragraph is subject to the Open Government Sunset Review

20  Act of 1995 in accordance with s. 119.15, and shall stand

21  repealed on October 2, 2005, unless reviewed and saved from

22  repeal through reenactment by the Legislature.

23         Section 2.  The Legislature finds that it is a public

24  necessity that identifying information contained in records

25  received or made by the Department of Health and its service

26  providers concerning all aspects of an individual's personal

27  health, including, but not limited to, the identity of the

28  individual, the evaluation, diagnosis, and treatment of

29  medical problems, counseling, eligibility for services, and

30  case management, be held confidential and exempt from public

31  disclosure unless otherwise provided for by law.  The

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    Florida House of Representatives - 2000             CS/HB 1479

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  1  Legislature finds that this exemption is needed to protect

  2  information that is of a sensitive personal nature that

  3  concerns individuals.  Every citizen has an expectation of,

  4  and a right to, privacy in all matters concerning his or her

  5  personal health when medical services are provided by the

  6  Department of Health and its service providers.  Matters of

  7  personal health are traditionally private and confidential

  8  concerns between the patient and the health care provider.

  9  The private and confidential nature of personal health matters

10  pervades both the public and private health care sectors.  For

11  these reasons, the individual's expectation of, and right to,

12  privacy in all matters regarding his or her personal health

13  necessitates this exemption.

14         Section 3.  This act shall take effect upon becoming a

15  law.

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