House Bill hb1881e1

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                                      HB 1881, First Engrossed/ntc



  1                      A bill to be entitled

  2         An act relating to public records and meetings;

  3         providing an exemption from the public records

  4         law for certain records relating to internal

  5         risk management programs in nursing homes and

  6         assisted living facilities; providing for

  7         release of such information under certain

  8         circumstances; providing an exemption from the

  9         public meetings law for meetings of internal

10         risk management and quality assurance

11         committees in nursing homes and assisted living

12         facilities; providing for future legislative

13         review and repeal; providing a statement of

14         public necessity; creating s. 430.105, F.S.;

15         providing for confidentiality and exemption

16         from the public records law for information

17         relating to clients of the Department of

18         Elderly Affairs, clients of service providers

19         contracting with the Department of Elderly

20         Affairs, and certain elders receiving services

21         through programs administered by or funded by

22         the Department of Elderly Affairs; requiring

23         consent for disclosure; providing for future

24         legislative review and repeal; providing a

25         statement of public necessity; providing a

26         contingent effective date.

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

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30         Section 1.  Confidentiality of records and meetings of

31  risk management and quality assurance committees.--


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                                      HB 1881, First Engrossed/ntc



  1         (1)  Records of meetings of the risk management and

  2  quality assurance committee of a long-term care facility

  3  licensed under part II or part III of chapter 400, Florida

  4  Statutes, as well as incident reports filed with the

  5  facility's risk manager and administrator, notifications of

  6  the occurrence of an adverse incident, and adverse incident

  7  reports from the facility are confidential and exempt from s.

  8  119.07(1), Florida Statutes, and s. 24(a), Art. I of the State

  9  Constitution. However, if the Agency for Health Care

10  Administration has a reasonable belief that conduct by a staff

11  member or employee of a facility is criminal activity or

12  grounds for disciplinary action by a regulatory board, the

13  agency may disclose such records to the appropriate law

14  enforcement agency or regulatory board. Residents who are the

15  subject of or identified in incident reports or other related

16  records shall be entitled to receive a copy of those documents

17  upon request.

18         (2)  Records that are confidential and exempt under

19  subsection (1) and that are obtained by a regulatory board are

20  not available to the public as part of the record of

21  investigation and prosecution in a disciplinary proceeding

22  made available to the public by the agency or the appropriate

23  regulatory board. However, the agency or the appropriate

24  regulatory board shall make available, upon request by a

25  health care professional against whom probable cause has been

26  found, any such records that form the basis of the

27  determination of probable cause.

28         (3)  Records disclosed to a law enforcement agency

29  pursuant to subsection (1) remain confidential and exempt

30  until criminal charges are filed.

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                                      HB 1881, First Engrossed/ntc



  1         (4)  The meetings of an internal risk management and

  2  quality assurance committee of a long-term care facility

  3  licensed under part II or part III of chapter 400, Florida

  4  Statutes, are exempt from s. 286.011, Florida Statutes, and s.

  5  24(b), Art. I of the State Constitution and are not open to

  6  the public.

  7         (5)  This section is subject to the Open Government

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

  9  Florida Statutes, and shall stand repealed on October 2, 2006,

10  unless reviewed and saved from repeal through reenactment by

11  the Legislature.

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

13  necessity that information pertaining to the operation of

14  internal risk management and quality assurance programs in

15  long-term care facilities licensed under part II or part III

16  of chapter 400, Florida Statutes, be confidential and exempt

17  from public records requirements, and that meetings of quality

18  assurance committees be closed to the public. The Legislature

19  finds that it is in the interest of public health and safety

20  to require long-term care facilities to operate internal risk

21  management programs and for the Agency for Health Care

22  Administration to review the operation of these programs. The

23  Legislature finds that these programs are effective in

24  reducing risk to residents and improving quality when facility

25  staff have frank and open internal communication regarding

26  potential resident risks and quality assurance problems and

27  that public access to these discussions or agency records of

28  these discussions will inhibit this frank and open internal

29  communication.

30         Section 3.  Section 430.105, Florida Statutes, is

31  created to read:


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                                      HB 1881, First Engrossed/ntc



  1         430.105  Confidentiality of information.--

  2         (1)  Information, including personally identifying

  3  information contained in records relating to an individual's

  4  health or eligibility for or receipt of health-related, elder

  5  care, or long-term care services, about clients of the

  6  department, clients of service providers that contract with

  7  the department, or functionally impaired elderly persons who

  8  receive services under any program administered or funded by

  9  the department is confidential and exempt from the provisions

10  of s. 119.07(1) and s. 24(a), Art. I of the State

11  Constitution, except as otherwise provided by law. Such

12  information may be contained in records created by or received

13  by the department or its service providers or obtained through

14  files, reports, inspections, or otherwise by employees of the

15  department, persons who volunteer through programs

16  administered by the department or its contract providers, or

17  by contract providers. Information made confidential and

18  exempt from the public records law under this section may not

19  be disclosed publicly unless the affected client or elder

20  person or his or her legal representative provides written

21  consent.

22         (2)  This section is subject to the Open Government

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

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

25  saved from repeal through reenactment by the Legislature.

26         Section 4.  The Legislature finds that it is a public

27  necessity that identifying information and information of a

28  personal and sensitive nature that is contained in the records

29  of elderly persons collected and held by the Department of

30  Elderly Affairs, by volunteers, by persons under contract with

31  area agencies on aging, or any provider contracting with the


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                                      HB 1881, First Engrossed/ntc



  1  department to provide services to clients of the department be

  2  held confidential and exempt from public disclosure. Similar

  3  information held by the Department of Children and Family

  4  Services is confidential. If such information were not held

  5  confidential and exempt, elderly persons could fall prey to

  6  those seeking to capitalize on their weaknesses. Also, if

  7  their addresses were available, and their disabilities known,

  8  criminals could more readily attack these elderly citizens.

  9  Accordingly, it is necessary in order to protect the health,

10  safety, and welfare of our elderly citizens, that identifying

11  information regarding them be kept confidential and protected

12  from general public disclosure, in accordance with the public

13  records law and the State Constitution.

14         Section 4.  This act shall take effect on the same date

15  that House Bill ____ or similar legislation creating internal

16  risk management and quality assurance programs in long-term

17  care facilities licensed under part II or part III of chapter

18  400, Florida Statutes, takes effect, if such legislation is

19  adopted in the same legislative session or an extension

20  thereof.

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