House Bill hb0365c1

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    Florida House of Representatives - 2001              CS/HB 365

        By the Committee on State Administration and
    Representatives Hogan and Justice





  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 personal identifying information, bank

23  account numbers, and debit, charge, and credit card numbers

24  contained in records relating to an individual's personal

25  health or eligibility for health-related services made or

26  received by the Department of Health or its service providers

27  are confidential and exempt from the provisions of subsection

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

29  otherwise provided herein.  Information made confidential and

30  exempt by this paragraph shall be disclosed:

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    Florida House of Representatives - 2001              CS/HB 365

    688-173-01






  1         1.  With the express written consent of the individual

  2  or the individual's legally authorized representative.

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

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

  5         3.  By court order upon a showing of good cause.

  6         4.  To a health research entity, if the entity seeks

  7  the records or data pursuant to a research protocol approved

  8  by the department, maintains the records or data in accordance

  9  with the approved protocol, and enters into a purchase and

10  data use agreement with the department, the fee provisions of

11  which are consistent with paragraph (1)(a).  The department

12  may deny a request for records or data if the protocol

13  provides for intrusive follow-back contacts, has not been

14  approved by a human studies institutional review board, does

15  not plan for the destruction of confidential records after the

16  research is concluded, is administratively burdensome, or does

17  not have scientific merit.  The agreement must restrict the

18  release of any information which would permit the

19  identification of persons, limit the use of records or data to

20  the approved research protocol, and prohibit any other use of

21  the records or data.  Copies of records or data issued

22  pursuant to this subparagraph remain the property of the

23  department.

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25  This paragraph is subject to the Open Government Sunset Review

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

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

28  repeal through reenactment by the Legislature.

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

30  necessity that personal identifying information, bank account

31  numbers, and debit, charge, and credit card numbers contained

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    Florida House of Representatives - 2001              CS/HB 365

    688-173-01






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

  2  eligibility for health-related services made or received by

  3  the Department of Health or its service providers be held

  4  confidential and exempt from public disclosure, with certain

  5  exceptions.  The Legislature further finds that the exemption

  6  for personal identifying information is a public necessity in

  7  order to protect health-related information that is of a

  8  sensitive personal nature. Matters of personal health are

  9  traditionally private and confidential concerns between the

10  patient and the health care provider. The private and

11  confidential nature of personal health matters pervades both

12  the public and private health care sectors.  For these

13  reasons, the individual's expectation of and right to privacy

14  in all matters regarding his or her personal health

15  necessitates this exemption.  In addition, an individual's

16  bank account numbers and debit, charge, and credit card

17  numbers contained in records relating to an individual's

18  health or eligibility for health care services are also of a

19  sensitive personal nature, and it is a public necessity that

20  such information be held confidential and exempt because

21  revealing such information could create the opportunity for

22  theft and fraud.

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

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