House Bill 0889
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Florida House of Representatives - 2000 HB 889
By the Committee on Corrections and Representative
Trovillion
1 A bill to be entitled
2 An act relating to corrections; amending s.
3 945.10, F.S.; specifying certain records
4 included within the confidential inmate medical
5 records of the Department of Corrections;
6 authorizing release of such records to the
7 Correctional Medical Authority and specifying
8 records to be included; amending s. 945.603,
9 F.S.; authorizing the authority to conduct
10 investigative inquiries and reviews of health
11 care services; amending s. 945.6032, F.S.;
12 providing for oversight of medical quality
13 management records by the authority's medical
14 review committee; amending s. 945.6035, F.S.;
15 revising the procedures and requirements for
16 the resolution of disputes between the
17 authority and the department; amending s.
18 945.6036, F.S.; revising procedures and
19 requirements for enforcement of dispute
20 resolution decisions; providing an effective
21 date.
22
23 Be It Enacted by the Legislature of the State of Florida:
24
25 Section 1. Paragraph (a) of subsection (1) and
26 subsection (2) of section 945.10, Florida Statutes, are
27 amended to read:
28 945.10 Confidential information.--
29 (1) Except as otherwise provided by law or in this
30 section, the following records and information of the
31 Department of Corrections are confidential and exempt from the
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1 provisions of s. 119.07(1) and s. 24(a), Art. I of the State
2 Constitution:
3 (a) Mental health, medical, or substance abuse records
4 of an inmate or an offender, including medical quality
5 management records, individual inmate medical records, and
6 records relating to decisions made by the department not to
7 provide mental health, medical, or substance abuse treatment.
8 (2) The records and information specified in
9 paragraphs (1)(a)-(h) (1)(b)-(h) may be released as follows
10 unless expressly prohibited by federal law:
11 (a) Information specified in paragraph (1)(a) to the
12 Correctional Medical Authority or a person designated in
13 writing by the executive director of the authority. The
14 department is specifically directed to include mental health,
15 medical, or substance abuse records, medical quality
16 management records, and all reports and records which relate
17 to the department's statewide delivery of these services,
18 including inmate management activity records. A request for
19 records or information pursuant to this paragraph must be made
20 in writing by the executive director of the authority and must
21 include a statement describing the need for the records or
22 information.
23 (b)(a) Information specified in paragraphs (1)(b),
24 (d), and (f) to the Office of the Governor, the Legislature,
25 the Parole Commission, the Department of Children and Family
26 Services, a private correctional facility or program that
27 operates under a contract, the Department of Legal Affairs, a
28 state attorney, the court, or a law enforcement agency. A
29 request for records or information pursuant to this paragraph
30 need not be in writing.
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1 (c)(b) Information specified in paragraphs (1)(c),
2 (e), and (h) to the Office of the Governor, the Legislature,
3 the Parole Commission, the Department of Children and Family
4 Services, a private correctional facility or program that
5 operates under contract, the Department of Legal Affairs, a
6 state attorney, the court, or a law enforcement agency. A
7 request for records or information pursuant to this paragraph
8 must be in writing and a statement provided demonstrating a
9 need for the records or information.
10 (d)(c) Information specified in paragraph (1)(b) to an
11 attorney representing an inmate under sentence of death,
12 except those portions of the records containing a victim's
13 statement or address, or the statement or address of a
14 relative of the victim. A request for records of information
15 pursuant to this paragraph must be in writing and a statement
16 provided demonstrating a need for the records or information.
17 (e)(d) Information specified in paragraph (1)(b) to a
18 public defender representing a defendant, except those
19 portions of the records containing a victim's statement or
20 address, or the statement or address of a relative of the
21 victim. A request for records or information pursuant to this
22 paragraph need not be in writing.
23 (f)(e) Information specified in paragraph (1)(b) to
24 state or local governmental agencies. A request for records or
25 information pursuant to this paragraph must be in writing and
26 a statement provided demonstrating a need for the records or
27 information.
28 (g)(f) Information specified in paragraph (1)(b) to a
29 person conducting legitimate research. A request for records
30 and information pursuant to this paragraph must be in writing,
31 the person requesting the records or information must sign a
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1 confidentiality agreement, and the department must approve the
2 request in writing.
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4 Records and information released under this subsection remain
5 confidential and exempt from the provisions of s. 119.07(1)
6 and s. 24(a), Art. I of the State Constitution when held by
7 the receiving person or entity.
8 Section 2. Subsections (6) through (15) of section
9 945.603, Florida Statutes, are renumbered as subsections (7)
10 through (16), respectively, and a new subsection (6) is added
11 to said section to read:
12 945.603 Powers and duties of authority.--The purpose
13 of the authority is to assist in the delivery of health care
14 services for inmates in the Department of Corrections by
15 advising the Secretary of Corrections on the professional
16 conduct of primary, convalescent, dental, and mental health
17 care and the management of costs consistent with quality care,
18 by advising the Governor and the Legislature on the status of
19 the Department of Corrections' health care delivery system,
20 and by assuring that adequate standards of physical and mental
21 health care for inmates are maintained at all Department of
22 Corrections institutions. For this purpose, the authority has
23 the authority to:
24 (6) Conduct such investigative inquiries and reviews
25 of health care services, including medical quality management
26 records, as the authority deems necessary to assess the
27 adequacy of inmate health care.
28 Section 3. Subsection (1) of section 945.6032, Florida
29 Statutes, is amended to read:
30 945.6032 Quality management program requirements.--
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1 (1) The authority shall appoint a medical review
2 committee pursuant to s. 766.101 to provide oversight for the
3 Department of Corrections' inmate health care quality
4 management program and medical quality management records. The
5 authority shall also designate one of its members to serve on
6 the Department of Corrections' medical review committee in
7 order to ensure coordination between the department and the
8 authority with regard to issues of quality management and to
9 enhance the authority's oversight of the Department of
10 Corrections' quality management system.
11 Section 4. Section 945.6035, Florida Statutes, is
12 amended to read:
13 945.6035 Dispute resolution.--
14 (1) The authority and the Assistant Secretary for
15 Health Services shall attempt to expeditiously resolve any
16 disputes arising between the authority and the department
17 regarding the physical and mental health care of inmates.
18 (2) If the authority and the Assistant Secretary for
19 Health Services are unable to resolve a dispute regarding
20 inmate physical or mental health care, the authority may
21 submit a written notice of noncompliance to the Secretary of
22 Corrections and the Assistant Secretary for Health Services,
23 setting forth each issue in controversy, and the position of
24 the authority, and the corrective measures the authority seeks
25 to have implemented by the department. The assistant
26 secretary, with the concurrence of the secretary, for Health
27 Services shall respond to the authority within 15 30 days
28 after receipt of such written notice. If the department does
29 not concur with the corrective measures noticed by the
30 authority, the authority shall place the assistant secretary's
31 response on the agenda of the next regularly scheduled or
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1 emergency meeting of the authority. If the dispute remains
2 unresolved, the authority may submit a written report to the
3 secretary detailing the authority's objections. The Assistant
4 Secretary for Health Services shall submit a written report
5 setting forth his or her position to the secretary on the
6 issue or issues raised by the authority within 5 working days
7 after receipt of the submission by the authority.
8 (3) After consideration of the position of the
9 authority and the department at the authority's meeting, the
10 authority members shall determine by majority vote whether:
11 (a)1. The current practice of the department or an
12 institution, agent, or employee of the department fails to
13 comply with an adopted health care standard; or
14 2. The standard of care existing at the department or
15 an institution of the department does not conform to the
16 standard of care generally accepted in the professional health
17 community at large; and
18 (b) The actions recommended in the written notice of
19 noncompliance should be enforced by the authority.
20 (4) The decision of the authority made by majority
21 vote at its meeting is final and binding on the department and
22 shall not be subject to any proceeding or review pursuant to
23 chapter 120. The department shall have 21 days after the
24 authority renders its decision of noncompliance with
25 subparagraph (3)(a)1. or 2. in which to challenge the decision
26 of the authority. The department's sole remedy shall be a
27 proceeding in the Circuit Court in Leon County on the basis
28 that the authority's decision is an abuse of discretion or
29 contrary to law.
30 (3) The secretary shall review any disputes between
31 the authority and the Assistant Secretary for Health Services,
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1 and shall provide written notice to the authority of his or
2 her decision regarding such disputes within 40 days after the
3 date when the authority provides written notice of the dispute
4 to the secretary.
5 (4) If, at the end of the 40-day period, no resolution
6 has been reached, the authority is authorized to appeal to the
7 Administration Commission for a review and resolution of the
8 dispute between the department and the authority.
9 (5) The authority, within 30 days after receiving
10 written notice of the action of the secretary or, if no
11 response is received, within 30 days after the secretary's
12 response is due pursuant to subsection (3), may file an appeal
13 by petition to the Administration Commission, filed with the
14 Secretary of the Administration Commission. The petition
15 shall set forth the issues in controversy between the
16 authority and the department, in the form and manner
17 prescribed by the Administration Commission, and shall contain
18 the reasons for the appeal. The department has 5 days after
19 delivery of a copy of any such petition to file its reply with
20 the Secretary of the Administration Commission, and the
21 department shall also deliver a copy of its reply to the
22 authority.
23 (6) The issues which may be raised by the authority on
24 appeal to the Administration Commission are:
25 (a) Adoption or implementation by the department of a
26 health care standard which does not conform to the standard of
27 care generally accepted in the professional health community
28 at large.
29 (b) Failure of the department to comply with an
30 adopted health care standard.
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1 (c) Failure to timely file a corrective action plan
2 regarding all deficiencies which are determined by the
3 authority to exist at an institution, as required pursuant to
4 s. 945.6031.
5 (d) Failure to implement a corrective action plan
6 filed pursuant to s. 945.6031.
7 (7) Within 30 days after receipt of a petition from
8 the authority, the Secretary of the Administration Commission,
9 or his or her designee, shall conduct an informal hearing to
10 consider the matters presented in the petition and the reply,
11 and after the informal hearing shall promptly submit a report
12 of the findings and recommendations to the Administration
13 Commission. Within 30 days after the informal hearing, the
14 Administration Commission shall approve either the position of
15 the authority or that of the department. If the position of
16 the authority is approved, the Administration Commission shall
17 set forth whatever remedial measures it deems appropriate and
18 the department shall implement such remedial measures. The
19 decision of the Administration Commission is final and binding
20 on the authority and the department and shall not be subject
21 to appeal pursuant to s. 120.68.
22 Section 5. Section 945.6036, Florida Statutes, is
23 amended to read:
24 945.6036 Enforcement.--
25 (1) If the authority determines that the written
26 notice of noncompliance should be enforced as described in s.
27 945.6035(3), the authority is authorized to petition the
28 Circuit Court in Leon County for an order requiring the
29 department to substantially comply with the corrective
30 measures contained in the authority's notice of noncompliance
31 and establishing a time for such compliance. If the department
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1 fails to substantially comply with the dispute resolution
2 decision of the Administration Commission or fails to
3 implement required remedial action within 45 days after such
4 decision or within the time period set by the Administration
5 Commission, whichever period is longer, the authority is
6 authorized to petition the Circuit Court in Leon County for an
7 order requiring the department to comply. For the purposes of
8 this section, "substantial compliance" means a firm effort to
9 comply fully with the decision without omitting any essential
10 part, and that any omission consists solely of an unimportant
11 defect.
12 (2) If the authority fails to initiate a circuit court
13 proceeding pursuant to this section, an inmate has the right
14 to file a verified petition with the authority requesting that
15 such a proceeding be initiated. The petition shall set forth
16 with particularity the manner in which the department has
17 failed to implement the decision of the authority
18 Administration Commission, including any required remedial
19 actions. The authority has 30 45 days after receipt of a
20 verified petition to either initiate an action in circuit
21 court pursuant to this section or advise the inmate in writing
22 of the reason such an action will not be initiated.
23 (3) Within 30 days after service of the written
24 decision of the authority setting forth its reason why an
25 action will not be initiated by the authority pursuant to this
26 section, an inmate may initiate an appropriate proceeding in
27 the Circuit Court in Leon County to require the department to
28 substantially comply with the decision of the authority
29 Administration Commission.
30 Section 6. This act shall take effect July 1, 2000.
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2 HOUSE SUMMARY
3
Specifies certain records included within the
4 confidential inmate medical records of the Department of
Corrections. Authorizes release of such records to the
5 Correctional Medical Authority and specifies the records
to be included. Authorizes the authority to conduct
6 investigative inquiries and reviews of health care
services. Provides for oversight of medical quality
7 management records by the authority's medical review
committee. Revises the procedures and requirements for
8 the resolution of disputes between the authority and the
department and for enforcement of dispute resolution
9 decisions.
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