Senate Bill sb0254

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    Florida Senate - 2002                                   SB 254

    By the Committee on Health, Aging and Long-Term Care





    317-330-02

  1                      A bill to be entitled

  2         An act relating to public records and meetings

  3         of statewide or district managed care ombudsman

  4         committees; amending s. 641.67, F.S., which

  5         provides that patient records and certain

  6         identifying information held by statewide or

  7         district managed care ombudsman committees are

  8         confidential and exempt from public-records

  9         requirements; reenacting such exemption for the

10         district managed care ombudsman committees and

11         removing the October 2, 2002, repeal thereof

12         scheduled under the Open Government Sunset

13         Review Act of 1995; repealing such exemption

14         for the statewide managed care ombudsman

15         committee; amending s. 641.68, F.S., which

16         provides that any portion of a committee

17         meeting conducted by statewide or district

18         managed care ombudsman committees where patient

19         records and certain identifying information are

20         discussed is exempt from public-meetings

21         requirements; reenacting such exemption for the

22         district managed care ombudsman committees and

23         removing the October 2, 2002, repeal thereof

24         scheduled under the Open Government Sunset

25         Review Act of 1995; repealing such exemption

26         for the statewide managed care ombudsman

27         committee; eliminating the public-necessity

28         statements; clarifying provisions; providing an

29         effective date.

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

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    Florida Senate - 2002                                   SB 254
    317-330-02




  1         Section 1.  Section 641.67, Florida Statutes, is

  2  amended to read:

  3         641.67  Statewide or District managed care ombudsman

  4  committee; exemption from public records requirements;

  5  exceptions.--

  6         (1)  The following information is confidential and

  7  exempt from the provisions of s. 119.07(1) and s. 24(a), Art.

  8  I of the State Constitution:

  9         (a)  Patient records held by the statewide or a

10  district managed care ombudsman committee created under s.

11  641.60 or s. 641.65.

12         (b)  The name or identity of a complainant who files a

13  complaint with the statewide or a district managed care

14  ombudsman committee, including any problem identified by the

15  ombudsman committee as a result of an investigation, unless

16  the complainant provides written consent that authorizes the

17  release of his or her name or unless a court of competent

18  jurisdiction orders that the name or identity of a complainant

19  be disclosed.

20         (c)  Any problem identified by a district managed care

21  ombudsman committee as a result of an investigation.

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23  Exemptions created under this subsection are subject to the

24  Open Government Sunset Review Act of 1995, in accordance with

25  s. 119.15, and shall stand repealed on October 2, 2002, unless

26  reviewed and saved from repeal by reenactment of the

27  Legislature.

28         (2)  The Legislature finds that it is a public

29  necessity that patient records and any other identifying

30  information concerning a complainant held by the statewide or

31  a district managed care ombudsman committee be held

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    Florida Senate - 2002                                   SB 254
    317-330-02




  1  confidential and exempt from the public records law. The

  2  Legislature finds that the citizens of Florida benefit from

  3  the thorough investigation and prompt resolution of complaints

  4  regarding the quality of care provided by managed care

  5  programs. Investigation of complaints regarding quality of

  6  care often requires careful review of a patient's medical

  7  record. Such records, as well as other information contained

  8  in the complaint, often concern matters of a personal and

  9  private nature. Disclosure to the public of a patient's

10  medical record, a complainant's identity, or other personal

11  information would significantly discourage the filing of

12  complaints. Consequently, the quality of care provided to the

13  public would suffer. Therefore, the Legislature finds that the

14  harm to the individual and the public in disclosing patient

15  records and identifying information substantially outweighs

16  the public benefit in allowing such disclosure.

17         Section 2.  Section 641.68, Florida Statutes, is

18  amended to read:

19         641.68  Statewide or District managed care ombudsman

20  committee; exemption from public meeting requirements.--

21         (1)  That portion of a committee meeting conducted by

22  the statewide or a district managed care ombudsman committee

23  created under s. 641.60 or s. 641.65, where patient records

24  and information identifying a complainant are discussed, is

25  exempt from the provisions of s. 286.011 and s. 24(b), Art. I

26  of the State Constitution. The exemption created under this

27  subsection is subject to the Open Government Sunset Review Act

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

29  repealed on October 2, 2002, unless reviewed and saved from

30  repeal by reenactment of the Legislature.

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    Florida Senate - 2002                                   SB 254
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  1         (2)  The exemption created under subsection (1)

  2  overrides the important public policy of public access to

  3  portions of certain public discussions of governmental

  4  agencies because of the need to maintain consistency in the

  5  law relating to the management and handling of information of

  6  a personal and sensitive nature involving private individuals.

  7  It is important that the statewide or a district managed care

  8  ombudsman committee be able to discuss such personal and

  9  sensitive information in detail so that an accurate evaluation

10  can be made of the facts contained in a complaint.

11  Dissemination to the public of information about a health

12  maintenance organization or other managed care organization

13  that is obtained through a complaint would have a chilling

14  effect on the willingness of persons with knowledge of any

15  substandard quality-of-care activities of such organizations

16  to provide such information to the statewide or a district

17  managed care ombudsman committee. Based on the evaluation of

18  such committees, certain remedial actions may be required of

19  health maintenance organizations or other managed care

20  organizations which will serve to enhance overall quality of

21  care rendered by any specific company involved and potentially

22  the entire managed care industry. Furthermore, such

23  information may provide grounds for investigation by the

24  Agency for Health Care Administration or may assist the agency

25  in carrying out its responsibilities of protecting the public.

26         Section 3.  This act shall take effect October 1, 2002.

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    Florida Senate - 2002                                   SB 254
    317-330-02




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  2                          SENATE SUMMARY

  3    Abrogates the repeal scheduled under the Open Government
      Sunset Review Act of 1995 for exemptions from
  4    public-records and public-meetings requirements for
      district managed care ombudsman committees and repeals
  5    the exemptions provided for the statewide managed care
      ombudsman committee.
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