| 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 services; |
| 4 | amending s. 430.105, F.S., which provides an exemption |
| 5 | from public records requirements for personal identifying |
| 6 | information in a record held by the Department of Elderly |
| 7 | Affairs that relates to an individual's health or |
| 8 | eligibility for or receipt of health-related, elder care, |
| 9 | or long-term care services; making editorial changes; |
| 10 | removing superfluous language; removing the scheduled |
| 11 | repeal of the exemption; providing an effective date. |
| 12 |
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| 13 | Be It Enacted by the Legislature of the State of Florida: |
| 14 |
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| 15 | Section 1. Section 430.105, Florida Statutes, is amended |
| 16 | to read: |
| 17 | 430.105 Confidentiality of information.-- |
| 18 | (1) Personal identifying information in a record held by |
| 19 | the department that relates relating to an individual's health |
| 20 | or eligibility for or receipt of health-related, elder care, or |
| 21 | long-term care services received as a result of services |
| 22 | rendered under any program administered or funded by the |
| 23 | department is confidential and exempt from the provisions of s. |
| 24 | 119.07(1) and s. 24(a), Art. I of the State Constitution, except |
| 25 | as otherwise provided by law. Such information may be contained |
| 26 | in records created by or received by the department or its |
| 27 | service providers or obtained through files, reports, |
| 28 | inspections, or otherwise by employees of the department, |
| 29 | persons who volunteer services through programs administered by |
| 30 | the department or its contract providers, or by contract |
| 31 | providers. Such information made confidential and exempt from |
| 32 | the public records law under this section may not be disclosed: |
| 33 | (1) To another governmental entity for the purpose of |
| 34 | administering the department's programs for the elderly; or |
| 35 | (2) If publicly unless the affected individual client or |
| 36 | elder person or his or her legal representative provides written |
| 37 | consent. |
| 38 | (2) This section is subject to the Open Government Sunset |
| 39 | Review Act of 1995, in accordance with s. 119.15, and shall |
| 40 | stand repealed on October 2, 2006, unless reviewed and saved |
| 41 | from repeal through reenactment by the Legislature. |
| 42 | Section 2. This act shall take effect October 1, 2006. |