Senate Bill sb7004pb

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    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7004

    FOR CONSIDERATION By the Committee on Health Care





    587-454-06

  1                      A bill to be entitled

  2         An act relating to an Open Government Sunset

  3         Review; amending s. 400.119, F.S.; reorganizing

  4         and clarifying exemptions to the public

  5         meetings and public records laws for reports to

  6         the risk manager and administrator of certain

  7         long-term care facilities and for meetings, and

  8         records pertaining thereto, of internal risk

  9         management and quality assurance committees of

10         such facilities; abrogating the repeal of that

11         section; providing an 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 400.119, Florida Statutes, is

16  amended to read:

17         400.119  Confidentiality of records and meetings of

18  risk management and quality assurance committees.--

19         (1)  Records of meetings of the risk management and

20  quality assurance committee of a long-term care facility

21  licensed under this part or part III of this chapter, as well

22  as Incident reports filed with the facility's risk manager and

23  administrator of a long-term care facility licensed under this

24  part or under part III, notifications of the occurrence of an

25  adverse incident, and adverse incident reports from the

26  facility are confidential and exempt from s. 119.07(1) and s.

27  24(a), Art. I of the State Constitution.

28         (2)(a)  The meetings of an internal risk management and

29  quality assurance committee of a long-term care facility

30  licensed under this part or under part III are exempt from s.

31  286.011 and s. 24(b), Art. I of the State Constitution.

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    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7004
    587-454-06




 1         (b)  Records of meetings of an internal risk management

 2  and quality assurance committee of a long-term care facility

 3  licensed under this part or under part III are exempt from s.

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

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

 6  Administration has a reasonable belief that conduct by a staff

 7  member or employee of a facility is criminal activity or

 8  grounds for disciplinary action by a regulatory board, the

 9  agency may disclose such records made confidential and exempt

10  under this section to the appropriate law enforcement agency

11  or regulatory board.

12         (b)  Records disclosed to a law enforcement agency

13  remain confidential and exempt until criminal charges are

14  filed.

15         (4)(2)  Records made that are confidential and exempt

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

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

18  of the record of investigation and prosecution in a

19  disciplinary proceeding made available to the public by the

20  agency or the appropriate regulatory board. However, the

21  agency or the appropriate regulatory board shall make

22  available, upon request by a health care professional against

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

24  the basis of the determination of probable cause.

25         (3)  Records disclosed to a law enforcement agency

26  pursuant to subsection (1) remain confidential and exempt

27  until criminal charges are filed.

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

29  quality assurance committee of a long-term care facility

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

31  

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    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7004
    587-454-06




 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.

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