Senate Bill sb0298c1

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    Florida Senate - 2003                            CS for SB 298

    By the Committees on Governmental Oversight and Productivity;
    and Health, Aging, and Long-Term Care




    302-2140-03

  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                            CS for SB 298
    302-2140-03




 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  for purposes directly connected with the administration of the

13  Kidcare program. The receiving governmental entity must

14  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 program applicant

19  or the parent or guardian of the applicant, to any state or

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

21  other entity, any confidential information received under ss.

22  409.810-409.820. This exemption applies to any information

23  identifying an applicant or enrollee in the Florida Kidcare

24  program which is held by the Agency for Health Care

25  Administration, the Department of Children and Family

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

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

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

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

30  s. 775.083.  This section is subject to the Open Government

31  Sunset Review Act of 1995 in accordance with s. 119.15, and

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    Florida Senate - 2003                            CS for SB 298
    302-2140-03




 1  shall stand repealed on October 2, 2003, unless reviewed and

 2  saved from repeal through reenactment by the Legislature.

 3         Section 2.  Section 409.821, Florida Statutes, is

 4  subject to the Open Government Sunset Review Act of 1995 in

 5  accordance with section 119.15, Florida Statutes, and shall

 6  stand repealed on October 2, 2008, unless reviewed and saved

 7  from repeal through reenactment by the Legislature.

 8         Section 3.  The Legislature finds that it is a public

 9  necessity that any information identifying an applicant or

10  enrollee in the Florida Kidcare program, regardless of whether

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

12  be held confidential and exempt from requirements for public

13  disclosure in order to protect sensitive personal, financial,

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

15  include the identifying information contained in records in

16  addition to the application, the purpose of the exemption

17  would be defeated. Information that identifies an applicant or

18  enrollee would be available pursuant to a request for records

19  other than application records, thereby causing an unwarranted

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

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

22  to include the identifying information of a program applicant

23  or enrollee contained in records in addition to the

24  application is necessary in order for the Agency for Health

25  Care Administration, the Department of Children and Family

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

27  Kids Corporation to effectively and efficiently administer the

28  Florida Kidcare program. If such identifying information

29  contained in other records were not granted the same

30  protection afforded the identifying information contained in

31  the application, the administration of the Florida Kidcare

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    Florida Senate - 2003                            CS for SB 298
    302-2140-03




 1  program would be significantly impaired because applicants

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

 3  fact that such identifying information would be made available

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

 5  the life and privacy of program applicants and enrollees and

 6  would thereby significantly decrease the number of program

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

 8  identifying information be held confidential and exempt from

 9  requirements for public disclosure in order to comply with

10  federal law. The current exemption applies only to the

11  information contained in an application for the Florida

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

13  identifying information contained in records in addition to

14  the application ensures compliance with federal law. In

15  addition to the applicant, the identifying information of a

16  program enrollee should also be held confidential and exempt

17  from requirements for public disclosure. The expansion of the

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

19  adhere to federal law requiring that certain identifying

20  information of program applicants and enrollees be protected

21  from public disclosure.

22         Section 4.  This act shall take effect upon becoming a

23  law.

24  

25          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
26                              SB 298

27                                 

28  Limits release of information to other governmental agencies
    based upon direct relation to administration of the KidCare
29  program.

30  

31  

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