Senate Bill sb0004Bc1
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Florida Senate - 2003 CS for SB 4-B
By the Committee on Health, Aging, and Long-Term Care; and
Senators Jones and Saunders
317-2696-03
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.
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21 Be It Enacted by the Legislature of the State of Florida:
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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 CS for SB 4-B
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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
2
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Florida Senate - 2003 CS for SB 4-B
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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 that would identify a patient
10 contained in public safety data or other records held pursuant
11 to section 381.0409, Florida Statutes, must be confidential
12 and exempt from section 119.07(1), Florida Statutes, and
13 Section 24(a), Article I of the State Constitution. Such
14 information is of a sensitive and personal nature concerning
15 individuals and entities and must be protected because the
16 release of that information could be defamatory to such
17 individuals or entities or cause unwarranted damage to the
18 good name or reputation of such individuals or entities. In
19 addition, the Legislature finds that it is a public necessity
20 that records be protected and meetings be closed to the public
21 when the administration of a governmental program otherwise
22 would be significantly impaired. The information contained in
23 patient safety data held by the Florida Center for Excellence
24 in Health Care includes patient safety events, as defined in
25 section 381.0409, Florida Statutes, and patient records and
26 other information of a sensitive and personal nature relating
27 to patients. The release of such information would be
28 defamatory to such individuals or could cause unwarranted
29 damage to the name or reputation of such individuals. It is
30 also a public necessity that any portion of a meeting of the
31 center be closed when such sensitive and personal information
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Florida Senate - 2003 CS for SB 4-B
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1 relating to data, reports, records, memoranda, or analyses of
2 patient safety events or the corrective actions taken in
3 response to such patient safety events is discussed. If such
4 meetings were not closed, information would be released which
5 would be defamatory to individuals or entities and cause
6 unwarranted damage to their names or reputations; or
7 information would be released which would reveal details
8 regarding patient safety events, thus undermining the health
9 care quality assurance process and internal risk management
10 programs implemented by health care practitioners or health
11 care facilities and inhibiting the rigor and effectiveness of
12 corrective actions taken in response to such patient safety
13 events, including changes in practices and procedures which
14 may be implemented by health care practitioners and health
15 care facilities to prevent adverse incidents. Further, such
16 information concerning internal risk management programs is
17 otherwise exempt from public disclosure. It is clear that the
18 willingness of a health care practitioner or health care
19 facility to voluntarily submit patient safety data to the
20 center for analysis and possible improvement of patient safety
21 in order to prevent patient safety events or adverse incidents
22 may be impeded unless those portions of meetings during which
23 such information is discussed are closed to the public to
24 avoid disclosure of such information. The unwillingness of
25 health care practitioners and health care facilities to submit
26 patient safety data to the center would interfere with the
27 administration and effectiveness of the efforts of the Florida
28 Center for Excellence in Health Care to reduce and prevent
29 future patient safety events or future adverse incidents.
30 Section 4. This act shall take effect July 1, 2003, or
31 upon becoming a law, whichever occurs later, if SB 2-B or
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1 similar legislation is adopted in the same legislative session
2 or an extension thereof and becomes law.
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4 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
5 SB 4-B
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7 The Committee Substitute differs from SB 4-B in the following
ways:
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The effective date of the bill is contingent upon the passage
9 of SB 2-B.
10 The statement of public necessity specifies that information
that would identify a patient must be confidential.
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