Senate Bill sb0004B

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    Florida Senate - 2003                                   SB 4-B

    By Senator Jones and Saunders





    13-2663-03

  1                      A bill to be entitled

  2         An act relating to public records and meetings;

  3         creating s. 381.04091, F.S.; providing that

  4         patient records obtained by, and other

  5         documents identifying a patient by name and

  6         contained in patient safety data held by, the

  7         Florida Center for Excellence in Health Care

  8         are exempt from public-record requirements;

  9         providing that meetings held by the center at

10         which such information is discussed are exempt

11         from public-meeting requirements; authorizing

12         the release of information under specified

13         circumstances, including the release to a

14         health care research entity or licensed health

15         insurer; providing for future legislative

16         review and repeal under the Open Government

17         Sunset Review Act of 1995; providing a

18         statement of public necessity; providing a

19         contingent effective date.

20  

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

22  

23         Section 1.  Section 381.04091, Florida Statutes, is

24  created to read:

25         381.04091  Public records exemption for patient safety

26  data.--

27         (1)(a)  Information that identifies a patient contained

28  in patient safety data or other records held pursuant to s.

29  381.0409 by the Florida Center for Excellence in Health Care

30  are confidential and exempt from s. 119.07(1) and s. 24(a),

31  Art. I, of the State Constitution. Information made

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    Florida Senate - 2003                                   SB 4-B
    13-2663-03




 1  confidential and exempt by this subsection may be disclosed

 2  only:

 3         1.  With the express written consent of the patient or

 4  the patient's legally authorized representative in compliance

 5  with any federal or state law;

 6         2.  By court order upon a showing of good cause;

 7  however, in no event shall such information be discoverable or

 8  admissible for any purpose in a civil action for damages; or

 9         3.  To a health research entity or licensed health

10  insurer, if the entity or insurer seeks the records or data

11  pursuant to a research protocol approved by the center,

12  maintains the records or data in accordance with the approved

13  protocol, and enters into a purchase and data-use agreement

14  with the center, the fees provisions of which are consistent

15  with s. 119.07(1)(a). The center may deny a request for

16  records or data if the protocol provides for intrusive

17  follow-back contracts, has not been approved by a human

18  institutional review board, does not plan for the destruction

19  of confidential records after the research is concluded, is

20  administratively burdensome, or does not have scientific

21  merit. The agreement must restrict the release of any

22  information that would permit the identification of persons,

23  must limit the use of records or data to the approved research

24  protocol, and must prohibit any other use of the records or

25  data. Copies of records or data issued pursuant to this

26  subparagraph remain the property of the center.

27         (b)  Any portion of a meeting held by the Florida

28  Center for Excellence in Health Care during which such

29  information is discussed is exempt from s. 286.011 and s.

30  24(b), Art. I of the State Constitution. The provisions of

31  this section apply to those portions of the minutes of such

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    Florida Senate - 2003                                   SB 4-B
    13-2663-03




 1  meetings which contain information made confidential and

 2  exempt by this section.

 3         Section 2.  Section 381.04091, 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 information contained in public safety data, as

10  defined in section 381.0409, Florida Statutes, and patient

11  records that are of a sensitive and personal nature concerning

12  individuals and entities be protected when the release of such

13  information would be defamatory to such individuals or

14  entities or cause unwarranted damage to the good name or

15  reputation of such individuals or entities. In addition, the

16  Legislature finds that it is a public necessity that records

17  be protected and meetings be closed to the public when the

18  administration of a governmental program otherwise would be

19  significantly impaired. The information contained in patient

20  safety data held by the Florida Center for Excellence in

21  Health Care includes patient safety events, as defined in

22  section 381.0409, Florida Statutes, and patient records and

23  other information of a sensitive and personal nature relating

24  to patients. The release of such information would be

25  defamatory to such individuals or could cause unwarranted

26  damage to the name or reputation of such individuals. It is

27  also a public necessity that any portion of a meeting of the

28  center be closed when such sensitive and personal information

29  relating to data, reports, records, memoranda, or analyses of

30  patient safety events or the corrective actions taken in

31  response to such patient safety events is discussed. If such

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    Florida Senate - 2003                                   SB 4-B
    13-2663-03




 1  meetings were not closed, information would be released which

 2  would be defamatory to individuals or entities and cause

 3  unwarranted damage to their names or reputations; or

 4  information would be released which would reveal details

 5  regarding patient safety events, thus undermining the health

 6  care quality assurance process and internal risk management

 7  programs implemented by health care practitioners or health

 8  care facilities and inhibiting the rigor and effectiveness of

 9  corrective actions taken in response to such patient safety

10  events, including changes in practices and procedures which

11  may be implemented by health care practitioners and health

12  care facilities to prevent adverse incidents. Further, such

13  information concerning internal risk management programs is

14  otherwise exempt from public disclosure. It is clear that the

15  willingness of a health care practitioner or health care

16  facility to voluntarily submit patient safety data to the

17  center for analysis and possible improvement of patient safety

18  in order to prevent patient safety events or adverse incidents

19  may be impeded unless those portions of meetings during which

20  such information is discussed are closed to the public to

21  avoid disclosure of such information. The unwillingness of

22  health care practitioners and health care facilities to submit

23  patient safety data to the center would interfere with the

24  administration and effectiveness of the efforts of the Florida

25  Center for Excellence in Health Care to reduce and prevent

26  future patient safety events or future adverse incidents.

27         Section 4.  This act shall take effect July 1, 2003, if

28  SB ____ or similar legislation is adopted in the same

29  legislative session or an extension thereof and becomes law.

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    Florida Senate - 2003                                   SB 4-B
    13-2663-03




 1            *****************************************

 2                          SENATE SUMMARY

 3    Provides that patient records obtained by, and other
      documents identifying a patient by name and contained in
 4    patient safety data held by, the Florida Center for
      Excellence in Health Care are exempt from public-record
 5    requirements. Provides that meetings held by the center
      at which such information is discussed are exempt from
 6    public-meeting requirements. Authorizes the release of
      information under specified circumstances, including the
 7    release to a health care research entity or licensed
      health insurer. Provides for future legislative review
 8    and repeal. Provides a statement of public necessity.

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