Senate Bill sb0514

    Florida Senate - 2006                                   SB 514

    By the Committee on Health Care





    587-461-06

  1                      A bill to be entitled

  2         An act relating to review under the Open

  3         Government Sunset Review Act; amending s.

  4         430.105, F.S.; revising provisions that provide

  5         an exemption from public records requirements

  6         for certain information relating to a person's

  7         health or eligibility for services, which

  8         information is held by the Department of

  9         Elderly Affairs; abrogating the scheduled

10         repeal of such exemption; providing an

11         effective date.

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13  Be It Enacted by the Legislature of the State of Florida:

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15         Section 1.  Section 430.105, Florida Statutes, is

16  amended to read:

17         430.105  Confidentiality of information.--

18         (1)  Personal identifying information in records held

19  by the department which relate relating to an individual's

20  health or eligibility for or receipt of health-related, elder

21  care, or long-term care services received as a result of

22  services rendered under any program administered or funded by

23  the department is confidential and exempt from the provisions

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

25  Constitution, except as otherwise provided by law. Such

26  information may be contained in records created by or received

27  by the department or its service providers or obtained through

28  files, reports, inspections, or otherwise by employees of the

29  department, persons who volunteer services through programs

30  administered by the department or its contract providers, or

31  by contract providers. Information made confidential and

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






    Florida Senate - 2006                                   SB 514
    587-461-06




 1  exempt from the public records law under this section may not

 2  be disclosed publicly:

 3         (1)  To another governmental entity in the furtherance

 4  of its duties and responsibilities; or

 5         (2)  If the affected individual unless the affected

 6  client or elder person or his or her legal representative

 7  provides written consent.

 8         (2)  This section is subject to the Open Government

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

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

11  saved from repeal through reenactment by the Legislature.

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

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15                          SENATE SUMMARY

16    Abrogates the scheduled expiration of exemptions under
      the Open Government Sunset Review Act for information
17    held by the Department of Elderly Affairs relating to a
      person's eligibility for or receipt of health-related,
18    elder care, or long-term care services. Revises
      circumstances under which disclosure may be made.
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CODING: Words stricken are deletions; words underlined are additions.