Senate Bill 2294

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    Florida Senate - 2000                                  SB 2294

    By Senator Brown-Waite





    10-1081-00

  1                      A bill to be entitled

  2         An act relating to the Medicaid Fraud Control

  3         Unit of the Department of Legal Affairs;

  4         amending s. 394.4615, F.S.; requiring that

  5         clinical records be furnished to the unit upon

  6         request; amending s. 395.3025, F.S.; allowing

  7         patient records to be furnished to the unit;

  8         amending s. 400.0077, F.S.; providing that

  9         certain confidentiality provisions do not limit

10         the subpoena power of the Attorney General;

11         amending s. 400.494, F.S.; providing that

12         certain confidentiality provisions relating to

13         home health agencies do not apply to

14         information requested by the unit; amending s.

15         409.9071, F.S.; waiving confidentiality and

16         requiring that certain information regarding

17         Medicaid provider agreements with school

18         districts be provided to the unit; amending s.

19         409.920, F.S.; clarifying the Attorney

20         General's power to subpoena medical records

21         relating to Medicaid recipients; amending s.

22         409.9205, F.S.; authorizing investigators

23         employed by the unit to serve process; amending

24         s. 430.608, F.S.; providing that certain

25         confidentiality provisions pertaining to the

26         Department of Elderly Affairs do not limit the

27         subpoena authority of the unit; amending s.

28         455.667, F.S.; providing that certain

29         confidential records held by the Department of

30         Business and Professional Regulation must be

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    Florida Senate - 2000                                  SB 2294
    10-1081-00




  1         provided to the unit, providing an effective

  2         date.

  3

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

  5

  6         Section 1.  Present subsections (6) through (10) of

  7  section 394.4615, Florida Statutes, are redesignated as

  8  subsections (7) through (11), respectively, and a new

  9  subsection (6) is added to that section to read:

10         394.4615  Clinical records; confidentiality.--

11         (6)  Clinical records relating to a Medicaid recipient

12  shall be furnished to the Medicaid Fraud Control Unit in the

13  Department of Legal Affairs, upon request.

14         Section 2.  Paragraph (k) is added to subsection (5) of

15  section 395.3025, Florida Statutes, to read:

16         395.3025  Patient and personnel records; copies;

17  examination.--

18         (4)  Patient records are confidential and must not be

19  disclosed without the consent of the person to whom they

20  pertain, but appropriate disclosure may be made without such

21  consent to:

22         (k)  The Medicaid Fraud Control Unit in the Department

23  of Legal Affairs pursuant to s. 409.920.

24         Section 3.  Subsection (6) is added to section

25  400.0077, Florida Statutes, to read:

26         400.0077  Confidentiality.--

27         (6)  This section does not limit the subpoena power of

28  the Attorney General pursuant to s. 409.920(8)(b).

29         Section 4.  Section 400.494, Florida Statutes, is

30  amended to read:

31         400.494  Information about patients confidential.--

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    Florida Senate - 2000                                  SB 2294
    10-1081-00




  1         (1)  Information about patients received by persons

  2  employed by, or providing services to, a home health agency or

  3  received by the licensing agency through reports or inspection

  4  shall be confidential and exempt from the provisions of s.

  5  119.07(1) and shall not be disclosed to any person other than

  6  the patient without the written consent of that patient or the

  7  patient's guardian.

  8         (2)  This section does not apply to information

  9  lawfully requested by the Medicaid Fraud Control Unit of the

10  Department of Legal Affairs.

11         Section 5.  Subsection (7) is added to section

12  409.9071, Florida Statutes, to read:

13         409.9071  Medicaid provider agreements for school

14  districts certifying state match.--

15         (7)  The agency's and school districts' confidentiality

16  is waived. They shall provide any information or documents

17  relating to this section to the Medicaid Fraud Control Unit in

18  the Department of Legal Affairs, upon request pursuant to its

19  authority under s. 409.920.

20         Section 6.  Paragraph (b) of subsection (8) of section

21  409.920, Florida Statutes, is amended to read:

22         409.920  Medicaid provider fraud.--

23         (8)  In carrying out the duties and responsibilities

24  under this subsection, the Attorney General may:

25         (b)  Subpoena witnesses or materials, including medical

26  records relating to Medicaid recipients, within or outside the

27  state and, through any duly designated employee, administer

28  oaths and affirmations and collect evidence for possible use

29  in either civil or criminal judicial proceedings.

30         Section 7.  Section 409.9205, Florida Statutes, is

31  amended to read:

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    Florida Senate - 2000                                  SB 2294
    10-1081-00




  1         409.9205  Medicaid Fraud Control Unit; law enforcement

  2  officers.--All investigators employed by the Medicaid Fraud

  3  Control Unit who have been certified under s. 943.1395 are law

  4  enforcement officers of the state.  Such investigators have

  5  the authority to conduct criminal investigations, bear arms,

  6  make arrests, and apply for, serve, and execute search

  7  warrants, arrest warrants, and capias, and other process

  8  throughout the state pertaining to Medicaid fraud as described

  9  in this chapter.  The Attorney General shall provide

10  reasonable notice of criminal investigations conducted by the

11  Medicaid Fraud Control Unit to, and coordinate those

12  investigations with, the sheriffs of the respective counties.

13  Investigators employed by the Medicaid Fraud Control Unit are

14  not eligible for membership in the Special Risk Class of the

15  Florida Retirement System under s. 121.0515.

16         Section 8.  Section 430.608, Florida Statutes, is

17  amended to read:

18         430.608  Confidentiality of information.--Identifying

19  information about elderly persons who receive services under

20  ss. 430.601-430.606, which is received through files, reports,

21  inspection, or otherwise by the department or by authorized

22  departmental employees, by persons who volunteer services, or

23  by persons who provide services to elderly persons under ss.

24  430.601-430.606 through contracts with the department, is

25  confidential and exempt from the provisions of s. 119.07(1)

26  and s. 24(a), Art. I of the State Constitution. Such

27  information may not be disclosed publicly in such a manner as

28  to identify an elderly person, unless that person or the

29  person's legal guardian provides written consent.

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    Florida Senate - 2000                                  SB 2294
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  1         (2)  This section does not, however, limit the subpoena

  2  authority of the Medicaid Fraud Control Unit of the Department

  3  of Legal Affairs pursuant to s. 409.920(8)(b).

  4         Section 9.  Subsection (8) of subsection 455.667,

  5  Florida Statutes, is amended to read:

  6         455.667  Ownership and control of patient records;

  7  report or copies of records to be furnished.--

  8         (8)(a)  All patient records obtained by the department

  9  and any other documents maintained by the department which

10  identify the patient by name are confidential and exempt from

11  s. 119.07(1) and shall be used solely for the purpose of the

12  department and the appropriate regulatory board in its

13  investigation, prosecution, and appeal of disciplinary

14  proceedings. The records shall not be available to the public

15  as part of the record of investigation for and prosecution in

16  disciplinary proceedings made available to the public by the

17  department or the appropriate board.

18         (b)  Notwithstanding paragraph (a), all patient records

19  obtained by the department and any other documents maintained

20  by the department which relate to a current or former Medicaid

21  recipient shall be provided to the Medicaid Fraud Control Unit

22  in the Department of Legal Affairs, upon request.

23         Section 10.  This act shall take effect July 1, 2000.

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26                          SENATE SUMMARY

27    Amends provisions to clarify that the Medicaid Fraud
      Control Unit of the Department of Legal Affairs may
28    obtain records relating to Medicaid recipients that may
      otherwise be confidential. Also authorizes investigators
29    employed by the unit to serve process. (See bill for
      details.)
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