Senate Bill sb0510
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 SB 510
By the Committee on Health Care
587-454-06
1 A bill to be entitled
2 An act relating to a review under the Open
3 Government Sunset Review Act; amending s.
4 400.119, F.S.; reorganizing and clarifying
5 exemptions to the public meetings and public
6 records laws for reports to the risk manager
7 and administrator of certain long-term care
8 facilities and for meetings, and records
9 pertaining thereto, of internal risk management
10 and quality assurance committees of such
11 facilities; abrogating the repeal of that
12 section; providing an effective date.
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14 Be It Enacted by the Legislature of the State of Florida:
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16 Section 1. Section 400.119, Florida Statutes, is
17 amended to read:
18 400.119 Confidentiality of records and meetings of
19 risk management and quality assurance committees.--
20 (1) Records of meetings of the risk management and
21 quality assurance committee of a long-term care facility
22 licensed under this part or part III of this chapter, as well
23 as Incident reports filed with the facility's risk manager and
24 administrator of a long-term care facility licensed under this
25 part or under part III, notifications of the occurrence of an
26 adverse incident, and adverse incident reports from the
27 facility are confidential and exempt from s. 119.07(1) and s.
28 24(a), Art. I of the State Constitution.
29 (2)(a) The meetings of an internal risk management and
30 quality assurance committee of a long-term care facility
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 SB 510
587-454-06
1 licensed under this part or under part III are exempt from s.
2 286.011 and s. 24(b), Art. I of the State Constitution.
3 (b) Records of meetings of an internal risk management
4 and quality assurance committee of a long-term care facility
5 licensed under this part or under part III are exempt from s.
6 119.07(1) and s. 24(a), Art. I of the State Constitution.
7 (3)(a) However, If the Agency for Health Care
8 Administration has a reasonable belief that conduct by a staff
9 member or employee of a facility is criminal activity or
10 grounds for disciplinary action by a regulatory board, the
11 agency may disclose such records made confidential and exempt
12 under this section to the appropriate law enforcement agency
13 or regulatory board.
14 (b) Records disclosed to a law enforcement agency
15 remain confidential and exempt until criminal charges are
16 filed.
17 (4)(2) Records made that are confidential and exempt
18 under this section which subsection (1) and that are obtained
19 by a regulatory board are not available to the public as part
20 of the record of investigation and prosecution in a
21 disciplinary proceeding made available to the public by the
22 agency or the appropriate regulatory board. However, the
23 agency or the appropriate regulatory board shall make
24 available, upon request by a health care professional against
25 whom probable cause has been found, any such records that form
26 the basis of the determination of probable cause.
27 (3) Records disclosed to a law enforcement agency
28 pursuant to subsection (1) remain confidential and exempt
29 until criminal charges are filed.
30 (4) The meetings of an internal risk management and
31 quality assurance committee of a long-term care facility
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 SB 510
587-454-06
1 licensed under this part or part III of this chapter are
2 exempt from s. 286.011 and s. 24(b), Art. I of the State
3 Constitution and are not open to the public.
4 (5) This section is subject to the Open Government
5 Sunset Review Act of 1995 in accordance with s. 119.15, and
6 shall stand repealed on October 2, 2006, unless reviewed and
7 saved from repeal through reenactment by the Legislature.
8 Section 2. This act shall take effect October 1, 2006.
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11 SENATE SUMMARY
12 Abrogates the scheduled expiration of exemptions under
the Open Government Sunset Review Act for meetings of the
13 risk management and quality assurance committee of a
long-term care facility and for records pertaining
14 thereto.
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