Senate Bill sb1848e1

    CS for SB 1848                                 First Engrossed



  1                      A bill to be entitled

  2         An act relating to public records; providing an

  3         exemption from the public-records law for

  4         reports of liability claims involving nursing

  5         homes and assisted living facilities that are

  6         provided to the Agency for Health Care

  7         Administration as required by law; providing a

  8         finding of public necessity; providing a

  9         contingent effective date.

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

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13         Section 1.  The information contained in any report of

14  liability claims against nursing homes and assisted living

15  facilities provided to the Agency for Health Care

16  Administration as required under sections 400.147(9) and

17  400.423(5), Florida Statutes, is confidential and exempt from

18  section 119.07(1), Florida Statutes, and Section 24(a) of

19  Article I of the State Constitution. This exemption is subject

20  to the Open Government Sunset Review Act of 1995 in accordance

21  with section 119.15, Florida Statutes, and shall stand

22  repealed on October 2, 2006, unless reviewed and saved from

23  repeal through reenactment by the Legislature.

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

25  necessity to protect the identity of claimants, nursing homes

26  and assisted living facilities in the monthly reporting of

27  claims to the Agency for Health Care Administration. The

28  monthly reports detail the names of claimants and facilities,

29  the alleged type of injury or violation and dates of

30  occurrence. Such claims are preliminary allegations that may

31  not result in a finding of liability or fault on the part of


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






    CS for SB 1848                                 First Engrossed



  1  the facility. Consequently, release of such information to the

  2  public may unnecessarily and unfairly impact the business

  3  operation of the facility. The Legislature finds that it is

  4  not in the best interests of the claimants and facilities to

  5  make such sensitive information publicly available.  Claimants

  6  will be forced to choose between either filing a claim

  7  regarding a facility to protect their rights, or

  8  alternatively, maintain their privacy regarding long-term care

  9  provided to themselves or a relative. The Legislature finds

10  that the public will have the benefit of aggregated facility

11  claims data by access to the agency's annual reports on

12  long-term care claims to the Legislature, presented on a

13  by-county basis. The Legislature also finds that those claims

14  with sufficient merit will result in a formal legal complaint

15  filed in a court of law, will as well be public information.

16  Accordingly, the Legislature finds that the harm to facility

17  residents and facilities due to the release of preliminary

18  claims substantially outweighs any minimal public benefit

19  derived therefrom.

20         Section 3.  This act shall take effect on the date

21  Committee Substitute for Committee Substitute for Committee

22  Substitute for Senate Bill 1202, relating to long-term care,

23  or similar legislation becomes a law, and shall not take

24  effect if such legislation does not become a law.

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