| 1 | The Health & Families Council recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to public records; creating s. 408.0641, |
| 7 | F.S.; providing an exemption from public records |
| 8 | requirements for patient medical or health records, trade |
| 9 | secrets, and certain other information that is |
| 10 | confidential or exempt contained in records of the Florida |
| 11 | Health Information Network, Inc.; providing an exception |
| 12 | to the exemption; providing for review and repeal; |
| 13 | providing a statement of public necessity; providing a |
| 14 | contingent effective date. |
| 15 |
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| 16 | Be It Enacted by the Legislature of the State of Florida: |
| 17 |
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| 18 | Section 1. Section 408.0641, Florida Statutes, is created |
| 19 | to read: |
| 20 | 408.0641 Florida Health Information Network, Inc.; public |
| 21 | records exemption.-- |
| 22 | (1) The following information held by the Florida Health |
| 23 | Information Network, Inc., is confidential and exempt from s. |
| 24 | 119.07(1) and s. 24, Art. I of the State Constitution: |
| 25 | (a) A patient's medical or health record. |
| 26 | (b) Trade secrets as defined in s. 688.002. |
| 27 | (c) Any information received from a person from another |
| 28 | state or nation or the Federal Government which is otherwise |
| 29 | confidential or exempt pursuant to the laws of that state or |
| 30 | nation or pursuant to federal law. |
| 31 | (2) A patient's medical or health record shall be |
| 32 | disclosed: |
| 33 | (a) With the express written consent of the individual or |
| 34 | the individual's legally authorized representative. |
| 35 | (b) In a medical emergency, but only to the extent |
| 36 | necessary to protect the health or life of the individual. |
| 37 | (3) This section is subject to the Open Government Sunset |
| 38 | Review Act in accordance with s. 119.15 and shall stand repealed |
| 39 | on October 2, 2011, unless reviewed and saved from repeal |
| 40 | through reenactment by the Legislature. |
| 41 | Section 2. The Legislature finds that it is a public |
| 42 | necessity that a patient's medical or health record held by the |
| 43 | Florida Health Information Network, Inc., a not-for-profit |
| 44 | corporation, be made confidential and exempt from public records |
| 45 | requirements. Matters of personal health are traditionally |
| 46 | private and confidential concerns between the patient and the |
| 47 | health care provider. The private and confidential nature of |
| 48 | personal health matters pervades both the public and private |
| 49 | health care sectors. For these reasons, the individual's |
| 50 | expectation of and right to privacy in all matters regarding his |
| 51 | or her personal health necessitates this exemption. The |
| 52 | Legislature further finds that it is a public necessity to |
| 53 | protect a patient's medical record or health record because the |
| 54 | release of such record could be defamatory to the patient or |
| 55 | could cause unwarranted damage to the name or reputation of that |
| 56 | patient. The Legislature also finds that it is a public |
| 57 | necessity to protect the release of a trade secret as defined in |
| 58 | s. 688.002, Florida Statutes. A trade secret derives independent |
| 59 | economic value, actual or potential, from not being generally |
| 60 | known to, and not being readily ascertainable by proper means |
| 61 | by, other persons who can obtain economic value from its |
| 62 | disclosure or use. Without an exemption from public records |
| 63 | requirements for a trade secret as defined in s. 688.002, |
| 64 | Florida Statutes, that trade secret becomes a public record when |
| 65 | held by the Florida Health Information Network, Inc., and must |
| 66 | be divulged upon request. Divulgence of any trade secret under |
| 67 | the public records law would destroy the value of that property. |
| 68 | Release of that information would give business competitors an |
| 69 | unfair advantage and weaken the position of the corporation in |
| 70 | the marketplace. Thus, the Legislature finds that it is a public |
| 71 | necessity that a trade secret be made confidential and exempt |
| 72 | from public records requirements. Finally, the Legislature finds |
| 73 | that it is a public necessity to protect information received by |
| 74 | the Florida Health Information Network, Inc., from a person from |
| 75 | another state or nation or the Federal Government which is |
| 76 | otherwise exempt or confidential pursuant to the laws of that |
| 77 | state or nation or pursuant to federal law. Without this |
| 78 | protection, another state or nation or the Federal Government |
| 79 | might be less likely to provide information to the corporation |
| 80 | in the furtherance of its duties and responsibilities. |
| 81 | Section 3. This act shall take effect July 1, 2006, if |
| 82 | House Bill 1409 or similar legislation is adopted in the same |
| 83 | legislative session or an extension thereof and becomes law. |