Senate Bill sb1624

    Florida Senate - 2003                                  SB 1624

    By Senator Aronberg





    27-1578-03                                              See HB

  1                      A bill to be entitled

  2         An act relating to health information;

  3         providing definitions; providing for the

  4         confidentiality of certain health information;

  5         requiring certain notice and consent prior to

  6         disclosure of certain health information;

  7         providing an effective date.

  8

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

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11         Section 1.  Confidentiality of health information.--

12         (1)  DEFINITIONS.--

13         (a)  "Individually identifiable health information"

14  means information that is a subset of health information,

15  including demographic information collected from an individual

16  that:

17         1.  Is created by or received from a health care

18  provider, health plan, employer, or health care clearinghouse.

19         2.  Relates to the past, present, or future physical

20  health, mental health, or physical or mental condition of an

21  individual, the provision of health care to an individual, or

22  the past, present, or future payment for the provision of

23  health care to an individual.

24         3.  Identifies the individual or that could be used to

25  identify the individual.

26         (b)  "Marketing" means a communication about a product

27  or service that encourages recipients of the communication to

28  purchase or use the product or service. "Marketing" does not

29  include a communication made as part of the treatment of a

30  patient for the purpose of furthering treatment unless the

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






    Florida Senate - 2003                                  SB 1624
    27-1578-03                                              See HB




  1  covered entity receives direct or indirect remuneration from a

  2  third party for making the communication.

  3         (2)  PROTECTION OF PRIVATE HEALTH INFORMATION.--Except

  4  as provided in subsection (3), a health care provider,

  5  pharmacy, health researcher, health plan, health oversight

  6  agency, public health authority, employer, health or life

  7  insurer, or school or university shall not:

  8         (a)  Disclose individually identifiable health

  9  information to an entity for the purpose of marketing the

10  products or services of such entity; or

11         (b)  Use individually identifiable health information

12  in its possession to provide marketing services to any entity.

13         (3)  NOTICE AND CONSENT REQUIREMENTS.--A health care

14  provider, pharmacy, health researcher, health plan, health

15  oversight agency, public health authority, employer, health or

16  life insurer, or school or university may provide marketing

17  services to a pharmaceutical company if such health care

18  entity:

19         (a)  Provides clear and conspicuous notice to the

20  individual involved concerning its disclosure practices for

21  all individually identifiable health information collected or

22  created about the individual.

23         (b)  Obtains the written consent of the individual

24  involved to use the information, which consent shall only

25  refer and apply to the specific marketing purpose for which

26  the information is to be used.

27         Section 2.  This act shall take effect upon becoming a

28  law.

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