Senate Bill sb0004C

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    Florida Senate - 2003                                   SB 4-C

    By Senators Jones and Saunders





    13-2712-03

  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-C
    13-2712-03




 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-C
    13-2712-03




 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 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                                   SB 4-C
    13-2712-03




 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.

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    Florida Senate - 2003                                   SB 4-C
    13-2712-03




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

 2  law if SB 2-C or similar legislation is adopted in the same

 3  legislative session or an extension thereof and becomes law.

 4  

 5            *****************************************

 6                          SENATE SUMMARY

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

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