Senate Bill sb0644c1

    Florida Senate - 2002                            CS for SB 644

    By the Committee on Governmental Oversight and Productivity;
    and Senator Garcia




    302-2325-02

  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 for exceptions to the

10         exemption; providing for future review and

11         repeal; providing a statement of public

12         necessity; providing a contingent effective

13         date.

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

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17         Section 1.  Subsection (3) of section 440.125, Florida

18  Statutes, is created to read:

19         440.125  Medical records and reports; identifying

20  information in employee medical bills; confidentiality.--

21         (3)  Personal identifying information in medical

22  records and medical reports of an injured employee and any

23  information identifying an injured employee in medical bills

24  which are provided to the Agency for Health Care

25  Administration and the Department of Education pursuant to s.

26  440.13 are confidential and exempt from the provisions of s.

27  119.07(1) and s. 24(a), Art. I of the State Constitution,

28  except as otherwise provided by this chapter. The agency and

29  the department may share such confidential and exempt records,

30  reports, or information received pursuant to s. 440.13 with

31  each other and with the Department of Insurance in the

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                            CS for SB 644
    302-2325-02




  1  furtherance of their official duties under ss. 440.13 and

  2  440.134.  The receiving entity shall maintain the confidential

  3  and exempt status of such records, reports, and information.

  4  This subsection is subject to the Open Government Sunset

  5  Review Act of 1995 in accordance with s. 119.15, and shall

  6  stand repealed on October 2, 2007, unless reviewed and saved

  7  from repeal through reenactment by the Legislature.

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

  9  necessity that an injured employee's medical records and

10  medical reports and information identifying the employee in

11  medical bills held by the Department of Education or Agency

12  for Health Care Administration be made confidential and exempt

13  from public disclosure, because public access to such

14  information is an invasion of the injured employee's right to

15  privacy in that personal, sensitive information would be

16  revealed, and public knowledge of such information could lead

17  to discrimination against the employee by coworkers and

18  others.  Additionally, there is little utility in providing

19  public access to such information in that the effectiveness

20  and efficiency of the workers' compensation program can be

21  otherwise adequately monitored and evaluated.

22         Section 3.  This act shall take effect on the effective

23  date of CS for SB 2340 or similar legislation, and shall not

24  take effect if such legislation does not become a law.

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    Florida Senate - 2002                            CS for SB 644
    302-2325-02




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                         Senate Bill 644

  3                                 

  4  Makes personal identifying information in medical records and
    medical reports of an injured employee and in medical bills
  5  provided to the Agency for Health Care Administration and the
    Department of Education confidential and exempt.
  6  
    Authorizes sharing of information with the Department of
  7  Insurance in the performance of official duties.

  8  Requires receiving entity to maintain exempt status of
    information.
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    Provides a statement of public necessity.
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    Provides an contingent effective date.
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CODING: Words stricken are deletions; words underlined are additions.