HB 7223

1	A bill to be entitled
2	An act relating to a review under the Open Government
3	Sunset Review Act regarding medical records and health
4	records; amending s. 119.0712, F.S., which provides an
5	exemption from public records requirements for personal
6	identifying information, bank account numbers, and debit,
7	charge, and credit card numbers contained in records
8	relating to an individual's personal health or eligibility
9	for health-related services; expanding the exemption to
10	include medical records or health records held by an
11	agency; providing for retroactive application of the
12	exemption; reorganizing the exemption; providing for
13	future review and repeal; providing a statement of public
14	necessity; providing an effective date.
15
16	Be It Enacted by the Legislature of the State of Florida:
17
18	Section 1.  Subsection (1) of section 119.0712, Florida
19	Statutes, is redesignated as paragraph (g) of subsection (5) of
20	section 119.071, Florida Statutes, and amended to read:
21	119.071  General exemptions from inspection or copying of
22	public records.--
23	(5)  OTHER PERSONAL INFORMATION.--
24	(g)1.(1)  DEPARTMENT OF HEALTH.--Medical records or health
25	records All personal identifying information; bank account
26	numbers; and debit, charge, and credit card numbers contained in
27	records relating to an individual's personal health or
28	eligibility for health-related services held by an agency
29	before, on, or after October 1, 2006, the Department of Health
30	are confidential and exempt from s. 119.07(1) and s. 24(a), Art.
31	I of the State Constitution, except as otherwise provided in
32	this subsection.
33	2.  Except as otherwise provided by law, medical records or
34	health records information made confidential and exempt by this
35	subsection shall be disclosed:
36	a.(a)  With the express written consent of the individual
37	or the individual's legally authorized representative.
38	b.(b)  In a medical emergency, but only to the extent
39	necessary to protect the health or life of the individual.
40	c.(c)  By court order upon a showing of good cause.
41	d.(d)  To a health research entity performing research of
42	scientific merit, if the request is not an administrative burden
43	for the agency and the entity enters into a data-use agreement
44	with the agency. The data-use agreement must provide that the
45	entity will:
46	(I)  Use seeks the records or data pursuant to a research
47	protocol approved by the agency and a human studies
48	institutional review board. department,
49	(II)  Not permit the identification of persons.
50	(III)  Not use the records for any other purpose.
51	(IV)  Not conduct intrusive follow-back contacts.
52	(V)  Maintain Maintains the records or data in accordance
53	with the approved protocol.
54	(VI)  Acknowledge that the copies of records issued
55	pursuant to this subparagraph are the property of the agency.
56	(VII)  Destroy the records after the research is concluded.
57	(VIII)  Notify the agency in writing once the entity has
58	destroyed the records., and
59	(IX)  Pay the copying fees provided in enters into a
60	purchase and data-use agreement with the department, the fee
61	provisions of which are consistent with s. 119.07(4). The
62	department may deny a request for records or data if the
63	protocol provides for intrusive follow-back contacts, has not
64	been approved by a human studies institutional review board,
65	does not plan for the destruction of confidential records after
66	the research is concluded, is administratively burdensome, or
67	does not have scientific merit. The agreement must restrict the
68	release of any information that would permit the identification
69	of persons, limit the use of records or data to the approved
70	research protocol, and prohibit any other use of the records or
71	data. Copies of records or data issued pursuant to this
72	paragraph remain the property of the department.
73	3.  This paragraph subsection is subject to the Open
74	Government Sunset Review Act in accordance with s. 119.15 and
75	shall stand repealed on October 2, 2011 2006, unless reviewed
76	and saved from repeal through reenactment by the Legislature.
77	Section 2.  The Legislature finds that it is a public
78	necessity that medical records or health records held by an
79	agency before, on, or after October 1, 2006, be made
80	confidential and exempt from public records requirements, with
81	certain exceptions. Matters of personal health are traditionally
82	private and confidential concerns between the patient and the
83	health care provider. The private and confidential nature of
84	personal health matters pervades both the public and private
85	health care sectors. For these reasons, the individual's
86	expectation of and right to privacy in all matters regarding his
87	or her personal health necessitates this exemption. The
88	Legislature further finds it is a public necessity to protect a
89	person's medical records or health records held by an agency
90	because the release of such records could be defamatory to the
91	person or could cause unwarranted damage to the name or
92	reputation of the person.
93	Section 3.  This act shall take effect October 1, 2006.

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