House Bill hb0365

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    Florida House of Representatives - 2001                 HB 365

        By Representative Hogan






  1                      A bill to be entitled

  2         An act relating to public records; amending s.

  3         119.07, F.S.; providing an exemption from

  4         public records requirements for identifying

  5         information and specified financial information

  6         in records relating to an individual's health

  7         or eligibility for health-related services made

  8         or received by the Department of Health or its

  9         service providers; specifying conditions under

10         which such information may be released;

11         providing for future review and repeal;

12         providing a finding of public necessity;

13         providing an effective date.

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

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17         Section 1.  Paragraph (dd) is added to subsection (3)

18  of section 119.07, Florida Statutes, to read:

19         119.07  Inspection, examination, and duplication of

20  records; exemptions.--

21         (3)

22         (dd)  All personally identifying information, bank

23  account numbers, and debit and credit card numbers contained

24  in records relating to an individual's personal health or

25  eligibility for health-related services made or received by

26  the Department of Health or its service providers are

27  confidential and exempt from the provisions of subsection (1)

28  and s. 24(a), Art. I of the State Constitution, except as

29  otherwise provided by law. Information made confidential and

30  exempt by this paragraph shall be disclosed:

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    Florida House of Representatives - 2001                 HB 365

    768-102-01






  1         1.  With the express written consent of the individual

  2  or the individual's legally authorized representative.

  3  Furthermore, if a request is made for specific records of an

  4  individual, such records shall be disclosed only with the

  5  express written consent of the individual or the individual's

  6  legally authorized representative.

  7         2.  In a medical emergency, but only to the extent

  8  necessary to protect the health or life of the individual.

  9         3.  By an order of a court and upon a showing of good

10  cause.

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12  This paragraph is subject to the Open Government Sunset Review

13  Act of 1995 in accordance with s. 119.15, and shall stand

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

15  repeal through reenactment by the Legislature.

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

17  necessity that personally identifying information, bank

18  account numbers, and debit and credit card numbers contained

19  in records relating to an individual's personal health or

20  eligibility for health-related services made or received by

21  the Department of Health or its service providers be held

22  confidential and exempt from public disclosure unless

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

24  exemption is needed to protect information that is of a

25  sensitive personal nature that concerns individuals. Every

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

27  matters concerning his or her personal health when medical

28  services are provided by the Department of Health or its

29  service providers. Matters of personal health are

30  traditionally private and confidential concerns between the

31  patient and the health care provider. The private and

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    Florida House of Representatives - 2001                 HB 365

    768-102-01






  1  confidential nature of personal health matters pervades both

  2  the public and private health care sectors. For these reasons,

  3  the individual's expectation of and right to privacy in all

  4  matters regarding his or her personal health necessitates this

  5  exemption. In addition, an individual's personal financial

  6  situation as it relates to eligibility for health care

  7  services is also of a sensitive personal nature and should be

  8  confidential and exempt.

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

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12                          HOUSE SUMMARY

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      Provides an exemption from public records requirements
14    for personally identifying information, bank account
      numbers, and debit and credit card numbers contained in
15    records relating to an individual's personal health or
      eligibility for health-related services maintained by the
16    Department of Health or its authorized service providers.
      Provides for disclosure under certain conditions.
17    Provides for future review and repeal.

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