Senate Bill sb0510c1

    Florida Senate - 2006                            CS for SB 510

    By the Committees on Governmental Oversight and Productivity;
    and Health Care




    585-2340-06

  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

31  

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






    Florida Senate - 2006                            CS for SB 510
    585-2340-06




 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 those meetings are confidential and

 4  exempt from s. 119.07(1) and s. 24(a), Art. I of the State

 5  Constitution.

 6         (3)(a) However, If the Agency for Health Care

 7  Administration has a reasonable belief that conduct by a staff

 8  member or employee of a facility is criminal activity or

 9  grounds for disciplinary action by a regulatory board, the

10  agency may disclose such records made confidential and exempt

11  under this section to the appropriate law enforcement agency

12  or regulatory board.

13         (b)  Records disclosed to a law enforcement agency

14  remain confidential and exempt until criminal charges are

15  filed.

16         (4)(2)  Records made that are confidential and exempt

17  under this section which subsection (1) and that are obtained

18  by a regulatory board are not available to the public as part

19  of the record of investigation and prosecution in a

20  disciplinary proceeding made available to the public by the

21  agency or the appropriate regulatory board. However, the

22  agency or the appropriate regulatory board shall make

23  available, upon request by a health care professional against

24  whom probable cause has been found, any such records that form

25  the basis of the determination of probable cause.

26         (3)  Records disclosed to a law enforcement agency

27  pursuant to subsection (1) remain confidential and exempt

28  until criminal charges are filed.

29         (4)  The meetings of an internal risk management and

30  quality assurance committee of a long-term care facility

31  licensed under this part or part III of this chapter are

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






    Florida Senate - 2006                            CS for SB 510
    585-2340-06




 1  exempt from s. 286.011 and s. 24(b), Art. I of the State

 2  Constitution and are not open to the public.

 3         (5)  This section is subject to the Open Government

 4  Sunset Review Act of 1995 in accordance with s. 119.15, and

 5  shall stand repealed on October 2, 2006, unless reviewed and

 6  saved from repeal through reenactment by the Legislature.

 7         Section 2.  This act shall take effect October 1, 2006.

 8  

 9          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
10                         Senate Bill 510

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