Senate Bill sb0298

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    Florida Senate - 2003                                   SB 298

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





    317-266A-03

  1                      A bill to be entitled

  2         An act relating to public records; amending s.

  3         409.821, F.S., which provides an exemption from

  4         public-records requirements for information

  5         identifying applicants of the Florida Kidcare

  6         program; expanding the exemption to include

  7         records that identify an applicant or enrollee

  8         in the program; providing for the disclosure of

  9         confidential information to another

10         governmental entity; requiring that the

11         receiving agency maintain the confidentiality

12         of the information; providing a penalty for

13         disclosure of information made confidential

14         under the act; reenacting the exemption and

15         providing for future repeal and legislative

16         review under the Open Government Sunset Review

17         Act of 1995; providing a finding of public

18         necessity; providing an effective date.

19  

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

21  

22         Section 1.  Notwithstanding the repeal scheduled on

23  October 2, 2003, under the Open Government Sunset Review Act

24  of 1995, section 409.821, Florida Statutes, is reenacted and

25  amended to read:

26         409.821  Florida Kidcare program; public-records

27  exemption Sections 409.810-409.820; confidential

28  information.--Notwithstanding any other law to the contrary,

29  any information that identifies an applicant or enrollee in

30  the Florida Kidcare program, as defined in s. 409.811, and

31  that is held by the Agency for Health Care Administration, the

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    Florida Senate - 2003                                   SB 298
    317-266A-03




 1  Department of Children and Family Services, the Department of

 2  Health, or the Florida Healthy Kids Corporation contained in

 3  an application for determination of eligibility for the

 4  Florida Kidcare program which identifies applicants, including

 5  medical information and family financial information, and any

 6  information obtained through quality assurance activities and

 7  patient satisfaction surveys which identifies program

 8  participants, obtained by the Florida Kidcare program under

 9  ss. 409.810-409.820, is confidential and is exempt from s.

10  119.07(1) and s. 24(a), Art. I of the State Constitution. Such

11  information may be disclosed to another governmental entity

12  only if disclosure is necessary for the entity to perform its

13  duties and responsibilities. The receiving governmental entity

14  must maintain the confidential and exempt status of that

15  information. Furthermore, such information may not be released

16  to any person Except as otherwise provided by law, program

17  staff or staff or agents affiliated with the program may not

18  release, without the written consent of the applicant or the

19  parent or guardian of a child, or a child whose disability of

20  nonage has been removed under chapter 743, who applied for

21  determination of eligibility for health benefits coverage

22  under ss. 409.810-409.820 the applicant, to any state or

23  federal agency, to any private business or person, or to any

24  other entity, any confidential information received under ss.

25  409.810-409.820. This exemption applies to any information

26  identifying an applicant or enrollee in the Florida Kidcare

27  program which is held by the Agency for Health Care

28  Administration, the Department of Children and Family

29  Services, the Department of Health, or the Florida Healthy

30  Kids Corporation before, on, or after the effective date of

31  this exemption. A violation of this section is a misdemeanor

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    Florida Senate - 2003                                   SB 298
    317-266A-03




 1  of the second degree, punishable as provided in s. 775.082 or

 2  s. 775.083.  This section 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, 2008 2003, unless reviewed

 5  and saved from repeal through reenactment by the Legislature.

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

 7  necessity that any information identifying an applicant or

 8  enrollee in the Florida Kidcare program, regardless of whether

 9  such information is located in an application or other record,

10  be held confidential and exempt from requirements for public

11  disclosure in order to protect sensitive personal, financial,

12  and medical information. If the exemption were not expanded to

13  include the identifying information contained in records in

14  addition to the application, the purpose of the exemption

15  would be defeated. Information that identifies an applicant or

16  enrollee would be available pursuant to a request for records

17  other than application records, thereby causing an unwarranted

18  invasion into the life and privacy of the program applicant or

19  enrollee. In addition, expanding the public-records exemption

20  to include the identifying information of a program applicant

21  or enrollee contained in records in addition to the

22  application is necessary in order for the Agency for Health

23  Care Administration, the Department of Children and Family

24  Services, the Department of Health, and the Florida Healthy

25  Kids Corporation to effectively and efficiently administer the

26  Florida Kidcare program. If such identifying information

27  contained in other records were not granted the same

28  protection afforded the identifying information contained in

29  the application, the administration of the Florida Kidcare

30  program would be significantly impaired because applicants

31  would be less inclined to apply for the program due to the

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    Florida Senate - 2003                                   SB 298
    317-266A-03




 1  fact that such identifying information would be made available

 2  to the public, which would cause an unwarranted invasion into

 3  the life and privacy of program applicants and enrollees and

 4  would thereby significantly decrease the number of program

 5  enrollees. Finally, it is a public necessity that such

 6  identifying information be held confidential and exempt from

 7  requirements for public disclosure in order to comply with

 8  federal law. The current exemption applies only to the

 9  information contained in an application for the Florida

10  Kidcare program. The expansion of the exemption to include the

11  identifying information contained in records in addition to

12  the application ensures compliance with federal law. In

13  addition to the applicant, the identifying information of a

14  program enrollee should also be held confidential and exempt

15  from requirements for public disclosure. The expansion of the

16  exemption is a public necessity in order for the state to

17  adhere to federal law requiring that certain identifying

18  information of program applicants and enrollees be protected

19  from public disclosure.

20         Section 3.  This act shall take effect upon becoming a

21  law.

22  

23            *****************************************

24                          SENATE SUMMARY

25    Reenacts an exemption from public-records requirements
      for information that identifies applicants of the Florida
26    Kidcare program. Expands the exemption to include records
      that identify any applicant or enrollee in the program.
27    Authorizes confidential information to be disclosed to
      another governmental entity if the receiving agency
28    maintains the confidentiality of the information.
      Provides that it is a second-degree misdemeanor to
29    disclose confidential information concerning applicants
      or enrollees in the Florida Kidcare program. Provides for
30    future repeal and legislative review.

31  

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