| 1 | Representative Farkas offered the following: |
| 2 |
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| 3 | Amendment |
| 4 | Remove lines 37-110 and insert: |
| 5 | (c) Information that identifies a health care practitioner |
| 6 | or health care facility held by the Florida Patient Safety |
| 7 | Corporation and its subsidiaries, advisory committees, or |
| 8 | contractors pursuant to s. 381.0271 is confidential and exempt |
| 9 | from s. 119.07(1) and s. 24(a), Art. I of the State |
| 10 | Constitution. |
| 11 | (d) Identifying information made confidential and exempt |
| 12 | pursuant to paragraphs (a), (b), and (c) may be disclosed only: |
| 13 | 1. With the express written consent of the patient or the |
| 14 | patient's legally authorized representative in compliance with |
| 15 | any federal or state law, and such consent only authorizes the |
| 16 | release of information regarding that patient; |
| 17 | 2. With the express written consent of the person or |
| 18 | entity reporting the patient safety data to the Florida Patient |
| 19 | Safety Corporation, and such consent only authorizes the release |
| 20 | of information regarding that person or entity; |
| 21 | 3. With the express written consent of the health care |
| 22 | practitioner or health care facility, and such consent only |
| 23 | authorizes the release of information regarding that |
| 24 | practitioner or facility; |
| 25 | 4. By court order upon a showing of good cause; or |
| 26 | 5. To a health research entity if the entity seeks such |
| 27 | confidential and exempt information pursuant to a research |
| 28 | protocol approved by the Florida Patient Safety Corporation, |
| 29 | maintains such confidential and exempt information in accordance |
| 30 | with the approved protocol, and enters into a purchase and data- |
| 31 | use agreement with the corporation the fee provisions of which |
| 32 | are consistent with s. 119.07(1)(a). The corporation may deny a |
| 33 | request for such confidential and exempt information if the |
| 34 | protocol provides for intrusive follow-back contacts, has not |
| 35 | been approved by a human studies institutional review board, |
| 36 | does not plan for the destruction of such confidential and |
| 37 | exempt information after the research is concluded, or does not |
| 38 | have scientific merit. The agreement must prohibit the release |
| 39 | of such confidential and exempt information, must limit the use |
| 40 | of such confidential and exempt information in conformance with |
| 41 | the approved research protocol, and must prohibit any other use |
| 42 | of such confidential and exempt information. Copies of such |
| 43 | confidential and exempt information issued pursuant to this |
| 44 | subparagraph remain the property of the corporation. |
| 45 | (2)(a) Any portion of a meeting held by the Florida |
| 46 | Patient Safety Corporation or its subsidiaries, advisory |
| 47 | committees, and contractors during which information made |
| 48 | confidential and exempt pursuant to subsection (1) is discussed |
| 49 | is exempt from s. 286.011 and s. 24(b), Art. I of the State |
| 50 | Constitution. |
| 51 | (b) Minutes of those portions of meetings made exempt |
| 52 | pursuant to this subsection are confidential and exempt from s. |
| 53 | 119.07(1) and s. 24(a), Art. I of the State Constitution. |
| 54 | (3) This section is subject to the Open Government Sunset |
| 55 | Review Act of 1995 in accordance with s. 119.15 and shall stand |
| 56 | repealed on October 2, 2009, unless reviewed and saved from |
| 57 | repeal through reenactment by the Legislature. |
| 58 | Section 2. The Legislature finds that it is a public |
| 59 | necessity that patient identifying information held by the |
| 60 | Florida Patient Safety Corporation or its subsidiaries, advisory |
| 61 | committees, and contractors be made confidential and exempt from |
| 62 | public disclosure. Such information is of a sensitive and |
| 63 | personal nature, and the release of such information could be |
| 64 | defamatory to the patient or could cause unwarranted damage to |
| 65 | the name or reputation of the patient. If patient identifying |
| 66 | information is not made confidential and exempt, any person |
| 67 | could inspect and copy records held by the corporation and its |
| 68 | subsidiaries, advisory committees, and contractors, thus being |
| 69 | made aware of the medical status of a patient. The availability |
| 70 | of such information to the public would result in the invasion |
| 71 | of the patient's privacy. If the identity of the patient could |
| 72 | be correlated with his or her medical information, it would be |
| 73 | possible for the public to become aware of the diseases or other |
| 74 | medical concerns for which a patient is being treated. This |
| 75 | knowledge could be used to embarrass or humiliate a patient or |
| 76 | to discriminate against him or her. The Legislature further |
| 77 | finds that it is a public necessity that information that |
| 78 | identifies the person or entity reporting patient safety data to |
| 79 | the Florida Patient Safety Corporation or its subsidiaries, |
| 80 | advisory committees, and contractors be made confidential and |
| 81 | exempt from public disclosure. Release of such information could |
| 82 | discourage health care practitioners and health care facilities |
| 83 | from voluntarily reporting incidents occurring at such |
| 84 | facilities and could discourage such practitioners and |
| 85 | facilities from voluntarily submitting patient safety data to |
| 86 | the corporation and its subsidiaries, advisory committees, and |
| 87 | contractors. As such, the effective and efficient administration |
| 88 | of a governmental program would be hindered. The Legislature |
| 89 | further finds that it is a public necessity that information |
| 90 | that identifies the health care practitioner or health care |
| 91 | facility identified in patient safety data reported to the |
| 92 | Florida Patient Safety Corporation or its subsidiaries, advisory |
| 93 | committees, and contractors be made confidential and exempt from |
| 94 | public disclosure. Release of such information could discourage |
| 95 | health care practitioners and health care facilities from |
| 96 | voluntarily reporting incidents occurring at such facilities and |
| 97 | could discourage such practitioners and facilities from |
| 98 | voluntarily submitting patient safety data to the corporation |
| 99 | and its subsidiaries, advisory committees, and contractors. As |
| 100 | such, the effective and efficient administration of a |
| 101 | governmental program would be hindered. The Legislature |