HB 1887

CS

CHAMBER ACTION

1	The Committee on State Administration recommends the following:
2
3	Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to public records and public meetings
7	exemptions; creating s. 381.0273, F.S.; providing that
8	patient identifying information held by the Florida
9	Patient Safety Corporation and its subsidiaries, advisory
10	committees, and contractors and information that
11	identifies the person or entity reporting patient safety
12	data are confidential and exempt from public records
13	requirements; authorizing certain disclosure of such
14	information; providing that portions of meetings held by
15	the corporation and its subsidiaries, advisory committees,
16	and contractors at which such information is discussed are
17	exempt from public meetings requirements; providing that
18	minutes of those portions of exempt meetings are
19	confidential and exempt from public records requirements;
20	providing for future review and repeal; providing a
21	statement of public necessity; providing a contingent
22	effective date.
23
24	Be It Enacted by the Legislature of the State of Florida:
25
26	Section 1.  Section 381.0273, Florida Statutes, is created
27	to read:
28	381.0273  Public records and public meetings exemptions for
29	patient safety data.--
30	(1)(a)  Patient identifying information held by the Florida
31	Patient Safety Corporation or its subsidiaries, advisory
32	committees, and contractors pursuant to s. 381.0271 is
33	confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
34	of the State Constitution.
35	(b)  Information that identifies the person or entity
36	reporting patient safety data, as defined in s. 766.1016, held
37	by the Florida Patient Safety Corporation or its subsidiaries,
38	advisory committees, and contractors pursuant to s. 381.0271 is
39	confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
40	of the State Constitution.
41	(c)  Identifying information made confidential and exempt
42	pursuant to paragraphs (a) and (b) may be disclosed only:
43	1.  With the express written consent of the patient or the
44	patient's legally authorized representative in compliance with
45	any federal or state law, and such consent only authorizes the
46	release of information regarding that patient;
47	2.  With the express written consent of the person or
48	entity reporting the patient safety data to the Florida Patient
49	Safety Corporation, and such consent only authorizes the release
50	of information regarding that person or entity;
51	3.  By court order upon a showing of good cause; or
52	4.  To a health research entity if the entity seeks such
53	confidential and exempt information pursuant to a research
54	protocol approved by the Florida Patient Safety Corporation,
55	maintains such confidential and exempt information in accordance
56	with the approved protocol, and enters into a purchase and data-
57	use agreement with the corporation the fee provisions of which
58	are consistent with s. 119.07(1)(a). The corporation may deny a
59	request for such confidential and exempt information if the
60	protocol provides for intrusive follow-back contacts, has not
61	been approved by a human studies institutional review board,
62	does not plan for the destruction of such confidential and
63	exempt information after the research is concluded, or does not
64	have scientific merit. The agreement must prohibit the release
65	of such confidential and exempt information, must limit the use
66	of such confidential and exempt information in conformance with
67	the approved research protocol, and must prohibit any other use
68	of such confidential and exempt information. Copies of such
69	confidential and exempt information issued pursuant to this
70	subparagraph remain the property of the corporation.
71	(2)(a)  Any portion of a meeting held by the Florida
72	Patient Safety Corporation or its subsidiaries, advisory
73	committees, and contractors during which information made
74	confidential and exempt pursuant to subsection (1) is discussed
75	is exempt from s. 286.011 and s. 24(b), Art. I of the State
76	Constitution.
77	(b)  Minutes of those portions of meetings made exempt
78	pursuant to this subsection are confidential and exempt from s.
79	119.07(1) and s. 24(a), Art. I of the State Constitution.
80	(3)  This section is subject to the Open Government Sunset
81	Review Act of 1995 in accordance with s. 119.15 and shall stand
82	repealed on October 2, 2009, unless reviewed and saved from
83	repeal through reenactment by the Legislature.
84	Section 2.  The Legislature finds that it is a public
85	necessity that patient identifying information held by the
86	Florida Patient Safety Corporation or its subsidiaries, advisory
87	committees, and contractors be made confidential and exempt from
88	public disclosure. Such information is of a sensitive and
89	personal nature, and the release of such information could be
90	defamatory to the patient or could cause unwarranted damage to
91	the name or reputation of the patient. If patient identifying
92	information is not made confidential and exempt, any person
93	could inspect and copy records held by the corporation and its
94	subsidiaries, advisory committees, and contractors, thus being
95	made aware of the medical status of a patient. The availability
96	of such information to the public would result in the invasion
97	of the patient's privacy. If the identity of the patient could
98	be correlated with his or her medical information, it would be
99	possible for the public to become aware of the diseases or other
100	medical concerns for which a patient is being treated. This
101	knowledge could be used to embarrass or humiliate a patient or
102	to discriminate against him or her. The Legislature further
103	finds that it is a public necessity that information that
104	identifies the person or entity reporting patient safety data to
105	the Florida Patient Safety Corporation or its subsidiaries,
106	advisory committees, and contractors be made confidential and
107	exempt from public disclosure. Release of such information could
108	discourage health care practitioners and health care facilities
109	from voluntarily reporting incidents occurring at such
110	facilities and could discourage such practitioners and
111	facilities from voluntarily submitting patient safety data to
112	the corporation and its subsidiaries, advisory committees, and
113	contractors. As such, the effective and efficient administration
114	of a governmental program would be hindered. The Legislature
115	also finds that it is a public necessity that any portion of a
116	meeting of the Florida Patient Safety Corporation or its
117	subsidiaries, advisory committees, and contractors in which
118	confidential and exempt information is discussed be made exempt
119	from public access and that the minutes of those portions of
120	such exempt meetings be made confidential and exempt. Disclosing
121	information made confidential and exempt via an open meeting
122	defeats the purpose of the public records exemption. Without
123	these exemptions, the effective and efficient administration of
124	the Florida Patient Safety Corporation would be jeopardized and
125	the ability of the Florida Patient Safety Corporation to assist
126	health care practitioners and health care facilities to reduce
127	and prevent injury to patients in the future would be
128	significantly impaired.
129	Section 3.  This act shall take effect upon becoming a law
130	if HB 1885 or similar legislation is adopted in the same
131	legislative session or an extension thereof and becomes law.

CODING: Words stricken are deletions; words underlined are additions.