HOUSE AMENDMENT

                                                Bill No. CS/HB 195

    Amendment No. ___ (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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  5                                           ORIGINAL STAMP BELOW

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10  ______________________________________________________________

11  The Committee on State Administration offered the following:

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13         Amendment (with title amendment) 

14         On page 1, line 12 through page 2, line 19,

15  remove:  all of said lines

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17  and insert:

18         Section 1.  (1)  The following information and records

19  of an insurer subject to delinquency proceedings pursuant to

20  chapter 631, held by the Department of Insurance acting as

21  receiver pursuant to chapter 631, or by a guaranty association

22  established pursuant to chapter 631, are exempt from the

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

24  Constitution:

25         (a)  Information in customary underwriting files that

26  identifies an insured or claimant.

27         (b)  Records which if held by the insurer would be

28  privileged or protected against discovery under Rule 1.280(b),

29  Florida Rules of Civil Procedure, or other applicable rule or

30  law.

31         (c)  All medical records.

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    File original & 9 copies    01/25/02
    hsa0005                     08:42 am         00195-sa  -422713




                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 195

    Amendment No. ___ (for drafter's use only)





  1         (d)  Personal identifying information contained in

  2  nonmanagerial personnel records and nonmanagerial payroll

  3  records.

  4         (e)  Information in claims files that identifies an

  5  insured or a claimant.

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  7  This exemption applies to such information and records held by

  8  the Department of Insurance acting as receiver, or by a

  9  guaranty association, before, on, or after the effective date

10  of this exemption.

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

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

13  shall stand repealed on October 2, 2007, unless reviewed and

14  saved from repeal through reenactment by the Legislature.

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

16  necessity that certain records of an insurer subject to

17  delinquency proceedings held by the Department of Insurance as

18  receiver, or by a guaranty association, be made exempt from

19  public disclosure. Identifying information contained in

20  underwriting files, nonmanagerial personnel records,

21  nonmanagerial payroll records, and claims files, and medical

22  records contain sensitive personal information that is not

23  available to the public when held by the insurer.  Access to

24  such information and records could cause harm or embarrassment

25  to an individual.  Disclosure of such information and records

26  allows access to private information about a person, which

27  could be used to perpetrate fraud upon that person.  Access to

28  such information and records constitutes an unwarranted

29  invasion into the life and personal privacy of a person.

30  Thus, the harm from disclosing such information and records

31  outweighs any public benefit that can be derived from public

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    File original & 9 copies    01/25/02
    hsa0005                     08:42 am         00195-sa  -422713




                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 195

    Amendment No. ___ (for drafter's use only)





  1  access.  Furthermore, the Legislature finds that this

  2  exemption is a public necessity because matters of personal

  3  health are traditionally private and confidential concerns

  4  between a patient and the patient's health care provider.  The

  5  private and confidential nature of personal health matters

  6  pervades both the public and private health care sectors.

  7  Other records contain attorney work product and information

  8  that would be privileged or protected under other applicable

  9  law.  Disclosure of information not otherwise available

10  pursuant to the applicable rules of civil procedure or

11  privileged or protected under other applicable

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14  ================ T I T L E   A M E N D M E N T ===============

15  And the title is amended as follows:

16         On page 1, line 5,

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18  insert after the semicolon:

19         providing retroactive application of the

20         exemption;

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    File original & 9 copies    01/25/02
    hsa0005                     08:42 am         00195-sa  -422713