HB 1887

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

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