Senate Bill sb7010pb

    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7010

    FOR CONSIDERATION By the Committee on Health Care





    587-461-06

  1                      A bill to be entitled

  2         An act relating to confidentiality of

  3         information; amending s. 430.105, F.S.;

  4         revising provisions that provide an exemption

  5         from public records requirements for certain

  6         information relating to a person's health or

  7         eligibility for services, which information is

  8         held by the Department of Elderly Affairs;

  9         abrogating the scheduled repeal of such

10         exemption; providing an effective date.

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

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14         Section 1.  Section 430.105, Florida Statutes, is

15  amended to read:

16         430.105  Confidentiality of information.--

17         (1)  Personal identifying information in records held

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

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

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

21  services rendered under any program administered or funded by

22  the department is confidential and exempt from the provisions

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

24  Constitution, except as otherwise provided by law. Such

25  information may be contained in records created by or received

26  by the department or its service providers or obtained through

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

28  department, persons who volunteer services through programs

29  administered by the department or its contract providers, or

30  by contract providers. Information made confidential and

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7010
    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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CODING: Words stricken are deletions; words underlined are additions.