1 | Representative Farkas offered the following: |
2 |
|
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 |