Senate Bill sb1726er

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  2         An act relating to public records; providing

  3         for release of such information under certain

  4         circumstances; creating s. 430.105, F.S.;

  5         providing for confidentiality and exemption

  6         from the public records law for information

  7         relating to clients of the Department of

  8         Elderly Affairs, clients of service providers

  9         contracting with the Department of Elderly

10         Affairs, and certain elders receiving services

11         through programs administered by or funded by

12         the Department of Elderly Affairs; requiring

13         consent for disclosure; providing for future

14         legislative review and repeal; providing a

15         statement of public necessity; providing an

16         effective date.

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

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20         Section 1.  Section 430.105, Florida Statutes, is

21  created to read:

22         430.105  Confidentiality of information.--

23         (1)  Personal identifying information relating to an

24  individual's health or eligibility for or receipt of

25  health-related, elder-care, or long-term care services

26  received as a result of services rendered under any program

27  administered or funded by the department is confidential and

28  exempt from the provisions of s. 119.07(1) and s. 24(a), Art.

29  I of the State Constitution, except as otherwise provided by

30  law. Such information may be contained in records created by

31  or received by the department or its service providers or


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    ENROLLED

    2001 Legislature                                CS for SB 1726



  1  obtained through files, reports, inspections, or otherwise by

  2  employees of the department, persons who volunteer services

  3  through programs administered by the department or its

  4  contract providers, or by contract providers. Information made

  5  confidential and exempt from the Public Records Law under this

  6  section may not be disclosed publicly unless the affected

  7  client or elder person or his or her legal representative

  8  provides written consent.

  9         (2)  This section is subject to the open Government

10  Sunset Review Act of 1995, in accordance with s. 119.15, and

11  shall stand repealed on October 2, 2006, unless reviewed and

12  saved from repeal through reenactment by the Legislature.

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

14  necessity that personally identifying information contained in

15  records relating to an individual's health or eligibility for

16  health or elder-related services made or received by the

17  Department of Elderly Affairs or its service providers be held

18  confidential and exempt from public disclosure unless

19  otherwise provided for by law. The Legislature finds that this

20  exemption is needed to protect information that is of a

21  sensitive personal nature that concerns individuals. Every

22  person has an expectation of and a right to privacy in all

23  matters concerning his or her personal health. For this reason

24  matters of personal health are traditionally private and

25  confidential concerns between an individual and an

26  individual's health care provider. In addition, an

27  individual's personal financial situation as it relates to

28  eligibility for health or elder-related services is also of a

29  sensitive personal nature and should be confidential and

30  exempt. For elderly persons needing the services of the

31  department this is even more important since elderly persons


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    ENROLLED

    2001 Legislature                                CS for SB 1726



  1  are often targets for those seeking to capitalize on their

  2  weaknesses. For these reasons, the individual's expectation

  3  and right to privacy in all matters relating to his or her

  4  personal health and eligibility for services provided by the

  5  department, or its agents, necessitates this exemption.

  6         Section 3.  This act shall take effect July 1, 2001.

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