HB 7027

1	A bill to be entitled
2	An act relating to a review under the Open Government
3	Sunset Review Act regarding long-term care facilities;
4	amending s. 400.119, F.S., which provides exemptions from
5	public records requirements for specified reports and
6	notifications with respect to long-term care facilities
7	licensed under pt. II or pt. III of ch. 400, F.S., and
8	which provides an exemption from public meeting
9	requirements for the meetings of an internal risk
10	management and quality assurance committee of a long-term
11	care facility and an exemption from public records
12	requirements for the records of such meetings;
13	reorganizing provisions and making editorial changes;
14	removing the scheduled repeal of the exemptions under the
15	Open Government Sunset Review Act; providing an effective
16	date.
17
18	Be It Enacted by the Legislature of the State of Florida:
19
20	Section 1.  Section 400.119, Florida Statutes, is amended
21	to read:
22	400.119  Confidentiality of records and meetings of risk
23	management and quality assurance committees.--
24	(1)  Records of meetings of the risk management and quality
25	assurance committee of a long-term care facility licensed under
26	this part or part III of this chapter, as well as Incident
27	reports filed with the facility's risk manager and administrator
28	of a long-term care facility licensed under this part or part
29	III of this chapter, notifications of the occurrence of an
30	adverse incident, and adverse incident reports from the facility
31	are confidential and exempt from s. 119.07(1) and s. 24(a), Art.
32	I of the State Constitution.
33	(2)(a)  The meetings of an internal risk management and
34	quality assurance committee of a long-term care facility
35	licensed under this part or part III of this chapter are exempt
36	from s. 286.011 and s. 24(b), Art. I of the State Constitution.
37	(b)  Records of those meetings are confidential and exempt
38	from s. 119.07(1) and s. 24(a), Art. I of the State
39	Constitution.
40	(3)(a)  However, If the Agency for Health Care
41	Administration has a reasonable belief that conduct by a staff
42	member or employee of a facility is criminal activity or grounds
43	for disciplinary action by a regulatory board, the agency may
44	disclose such records made confidential and exempt pursuant to
45	this section to the appropriate law enforcement agency or
46	regulatory board.
47	(b)  Records disclosed to a law enforcement agency remain
48	confidential and exempt until criminal charges are filed.
49	(4)(2)  Records made that are confidential and exempt under
50	this section subsection (1) and that are obtained by a
51	regulatory board are not available to the public as part of the
52	record of investigation and prosecution in a disciplinary
53	proceeding made available to the public by the agency or the
54	appropriate regulatory board. However, the agency or the
55	appropriate regulatory board shall make available, upon request
56	by a health care professional against whom probable cause has
57	been found, any such records that form the basis of the
58	determination of probable cause.
59	(3)  Records disclosed to a law enforcement agency pursuant
60	to subsection (1) remain confidential and exempt until criminal
61	charges are filed.
62	(4)  The meetings of an internal risk management and
63	quality assurance committee of a long-term care facility
64	licensed under this part or part III of this chapter are exempt
65	from s. 286.011 and s. 24(b), Art. I of the State Constitution
66	and are not open to the public.
67	(5)  This section is subject to the Open Government Sunset
68	Review Act of 1995 in accordance with s. 119.15, and shall stand
69	repealed on October 2, 2006, unless reviewed and saved from
70	repeal through reenactment by the Legislature.
71	Section 2.  This act shall take effect October 1, 2006.

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