HB 1411

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34	Review Act in accordance with s. 119.15 and shall stand repealed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

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