House Bill hb2013

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    Florida House of Representatives - 2002                HB 2013

        By the Council for Smarter Government and Representatives
    Cantens and Clarke





  1                      A bill to be entitled

  2         An act relating to public records; amending s.

  3         440.125, F.S.; creating a public records

  4         exemption for medical records and medical

  5         reports of an injured employee and an injured

  6         employee's identifying information contained in

  7         medical bills provided to the Agency for Health

  8         Care Administration and the Department of

  9         Education; providing exceptions; providing for

10         future review and repeal; providing a statement

11         of public necessity; providing a contingent

12         effective date.

13

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

15

16         Section 1.  Subsection (3) is added to section 440.125,

17  Florida Statutes, to read:

18         440.125  Medical records and reports; identifying

19  information in employee medical bills; confidentiality.--

20         (3)  Any medical records and medical reports of an

21  injured employee and any information identifying an injured

22  employee in medical bills which are provided to the Agency for

23  Health Care Administration and the Department of Education

24  pursuant to s. 440.13 are confidential and exempt from the

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

26  Constitution, except as otherwise provided by this chapter.

27  The agency and the department may share such confidential and

28  exempt records, reports, or information received pursuant to

29  s. 440.13 with each other and with the Department of Insurance

30  in the furtherance of their official duties under ss. 440.13

31  and 440.134.  The receiving entity shall maintain the

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    Florida House of Representatives - 2002                HB 2013

    405-193-02






  1  confidential and exempt status of such records, reports, and

  2  information. This subsection is subject to the Open Government

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

  4  shall stand repealed on October 2, 2007, unless reviewed and

  5  saved from repeal through reenactment by the Legislature.

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

  7  necessity that an injured employee's medical records and

  8  medical reports and information identifying the employee in

  9  medical bills held by the department or agency be made

10  confidential and exempt from public disclosure because public

11  access to such information is an invasion of the injured

12  employee's right to privacy in that personal, sensitive

13  information would be revealed and public knowledge of such

14  information could lead to discrimination against the employee

15  by coworkers and others.  Additionally, there is little

16  utility in providing public access to such information in that

17  the effectiveness and efficiency of the workers' compensation

18  program can be otherwise adequately monitored and evaluated.

19         Section 3.  This act shall take effect on the same date

20  that HB 1643 or similar legislation takes effect, if such

21  legislation is adopted in the same legislative session or an

22  extension thereof and becomes law.

23

24            *****************************************

25                          HOUSE SUMMARY

26
      Exempts from public records disclosure requirements
27    medical records and medical reports of an injured
      employee and an injured employee's identifying
28    information contained in medical bills provided to the
      Agency for Health Care Administration and the Department
29    of Education. Provides for future repeal and review.

30

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