House Bill hb0283
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Florida House of Representatives - 2002 HB 283
By the Committee on State Administration and
Representative Brummer
1 A bill to be entitled
2 An act relating to public records and meeting
3 exemptions for statewide or district managed
4 care ombudsman committees; amending s. 641.67,
5 F.S., which provides an exemption from public
6 records requirements for patient records and
7 certain identifying information held by
8 statewide or district managed care ombudsman
9 committees; 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 an exemption from public meeting
17 requirements for any portion of a meeting
18 conducted by statewide or district managed care
19 ombudsman committees where patient records and
20 certain identifying information are discussed;
21 reenacting such exemption for the district
22 managed care ombudsman committees and removing
23 the October 2, 2002, repeal thereof scheduled
24 under the Open Government Sunset Review Act of
25 1995; repealing such exemption for the
26 statewide managed care ombudsman committee;
27 removing public necessity statements; providing
28 an effective date.
29
30 Be It Enacted by the Legislature of the State of Florida:
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Florida House of Representatives - 2002 HB 283
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1 Section 1. Notwithstanding the October 2, 2002, repeal
2 of said section scheduled pursuant to the Open Government
3 Sunset Review Act of 1995, section 641.67, Florida Statutes,
4 is reenacted and amended to read:
5 641.67 Statewide or District managed care ombudsman
6 committee; exemption from public records requirements;
7 exceptions.--
8 (1) The following information is confidential and
9 exempt from the provisions of s. 119.07(1) and s. 24(a), Art.
10 I of the State Constitution:
11 (1)(a) Patient records held by the statewide or a
12 district managed care ombudsman committee created under s.
13 641.60 or s. 641.65.
14 (2)(b) The name or identity of a complainant who files
15 a complaint with the statewide or a district managed care
16 ombudsman committee, including any problem identified by the
17 ombudsman committee as a result of an investigation, unless
18 the complainant provides written consent that authorizes the
19 release of his or her name or unless a court of competent
20 jurisdiction orders that the name or identity of a complainant
21 be disclosed.
22 (3) Any problem identified by a district managed care
23 ombudsman committee as a result of an investigation.
24
25 Exemptions created under this subsection are subject to the
26 Open Government Sunset Review Act of 1995, in accordance with
27 s. 119.15, and shall stand repealed on October 2, 2002, unless
28 reviewed and saved from repeal by reenactment of the
29 Legislature.
30 (2) The Legislature finds that it is a public
31 necessity that patient records and any other identifying
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Florida House of Representatives - 2002 HB 283
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1 information concerning a complainant held by the statewide or
2 a district managed care ombudsman committee be held
3 confidential and exempt from the public records law. The
4 Legislature finds that the citizens of Florida benefit from
5 the thorough investigation and prompt resolution of complaints
6 regarding the quality of care provided by managed care
7 programs. Investigation of complaints regarding quality of
8 care often requires careful review of a patient's medical
9 record. Such records, as well as other information contained
10 in the complaint, often concern matters of a personal and
11 private nature. Disclosure to the public of a patient's
12 medical record, a complainant's identity, or other personal
13 information would significantly discourage the filing of
14 complaints. Consequently, the quality of care provided to the
15 public would suffer. Therefore, the Legislature finds that the
16 harm to the individual and the public in disclosing patient
17 records and identifying information substantially outweighs
18 the public benefit in allowing such disclosure.
19 Section 2. Notwithstanding the October 2, 2002, repeal
20 of said section scheduled pursuant to the Open Government
21 Sunset Review Act of 1995, section 641.68, Florida Statutes,
22 is reenacted and amended to read:
23 641.68 Statewide or District managed care ombudsman
24 committee; exemption from public meeting requirements.--
25 (1) That portion of a committee meeting conducted by
26 the statewide or a district managed care ombudsman committee
27 created under s. 641.60 or s. 641.65, where patient records
28 and information identifying a complainant are discussed, is
29 exempt from the provisions of s. 286.011 and s. 24(b), Art. I
30 of the State Constitution. The exemption created under this
31 subsection is subject to the Open Government Sunset Review Act
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Florida House of Representatives - 2002 HB 283
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1 of 1995, in accordance with s. 119.15, and shall stand
2 repealed on October 2, 2002, unless reviewed and saved from
3 repeal by reenactment of the Legislature.
4 (2) The exemption created under subsection (1)
5 overrides the important public policy of public access to
6 portions of certain public discussions of governmental
7 agencies because of the need to maintain consistency in the
8 law relating to the management and handling of information of
9 a personal and sensitive nature involving private individuals.
10 It is important that the statewide or a district managed care
11 ombudsman committee be able to discuss such personal and
12 sensitive information in detail so that an accurate evaluation
13 can be made of the facts contained in a complaint.
14 Dissemination to the public of information about a health
15 maintenance organization or other managed care organization
16 that is obtained through a complaint would have a chilling
17 effect on the willingness of persons with knowledge of any
18 substandard quality-of-care activities of such organizations
19 to provide such information to the statewide or a district
20 managed care ombudsman committee. Based on the evaluation of
21 such committees, certain remedial actions may be required of
22 health maintenance organizations or other managed care
23 organizations which will serve to enhance overall quality of
24 care rendered by any specific company involved and potentially
25 the entire managed care industry. Furthermore, such
26 information may provide grounds for investigation by the
27 Agency for Health Care Administration or may assist the agency
28 in carrying out its responsibilities of protecting the public.
29 Section 3. This act shall take effect October 1, 2002.
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2 HOUSE SUMMARY
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Reenacts the public records and public meeting exemptions
4 for patient records and certain identifying information
held by district managed care ombudsman committees, and
5 for portions of meetings of such committees where such
records or information is discussed, and removes the
6 October 2, 2002, repeal thereof scheduled under the Open
Government Sunset Review Act of 1995. Removes those
7 exemptions for the statewide managed care ombudsman
committee.
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