| 1 | A bill to be entitled |
| 2 | An act relating to public records; creating s. 408.0641, |
| 3 | F.S.; providing an exemption from public records |
| 4 | requirements for patient medical or health records, trade |
| 5 | secrets, and certain other information that is |
| 6 | confidential or exempt contained in records of the Florida |
| 7 | Health Information Network Corporation; providing an |
| 8 | exception to the exemption; providing for review and |
| 9 | repeal; providing a statement of public necessity; |
| 10 | providing a contingent effective date. |
| 11 |
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| 12 | Be It Enacted by the Legislature of the State of Florida: |
| 13 |
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| 14 | Section 1. Section 408.0641, Florida Statutes, is created |
| 15 | to read: |
| 16 | 408.0641 Florida Health Information Network Corporation; |
| 17 | public records exemption.-- |
| 18 | (1) The following information held by the Florida Health |
| 19 | Information Network Corporation is confidential and exempt from |
| 20 | s. 119.07(1) and s. 24, Art. I of the State Constitution: |
| 21 | (a) A patient's medical or health record. |
| 22 | (b) Trade secrets as defined in s. 688.002. |
| 23 | (c) Any information received from a person from another |
| 24 | state or nation or the Federal Government which is otherwise |
| 25 | confidential or exempt pursuant to the laws of that state or |
| 26 | nation or pursuant to federal law. |
| 27 | (2) A patient's medical or health record may be disclosed: |
| 28 | (a) With the express written consent of the individual or |
| 29 | the individual's legally authorized representative. |
| 30 | (b) In a medical emergency, but only to the extent |
| 31 | necessary to protect the health or life of the individual. |
| 32 | (3) This section is subject to the Open Government Sunset |
| 33 | Review Act in accordance with s. 119.15 and shall stand repealed |
| 34 | on October 2, 2012, unless reviewed and saved from repeal |
| 35 | through reenactment by the Legislature. |
| 36 | Section 2. The Legislature finds that it is a public |
| 37 | necessity that a patient's medical or health record held by the |
| 38 | Florida Health Information Network Corporation, a not-for-profit |
| 39 | corporation, be made confidential and exempt from public records |
| 40 | requirements. Matters of personal health are traditionally |
| 41 | private and confidential concerns between the patient and the |
| 42 | health care provider. The private and confidential nature of |
| 43 | personal health matters pervades both the public and private |
| 44 | health care sectors. For these reasons, the individual's |
| 45 | expectation of and right to privacy in all matters regarding his |
| 46 | or her personal health necessitates this exemption. The |
| 47 | Legislature further finds that it is a public necessity to |
| 48 | protect a patient's medical record or health record because the |
| 49 | release of such record could be defamatory to the patient or |
| 50 | could cause unwarranted damage to the name or reputation of that |
| 51 | patient. The Legislature also finds that it is a public |
| 52 | necessity to protect the release of a trade secret as defined in |
| 53 | s. 688.002, Florida Statutes. A trade secret derives independent |
| 54 | economic value, actual or potential, from not being generally |
| 55 | known to, and not being readily ascertainable by proper means |
| 56 | by, other persons who can obtain economic value from its |
| 57 | disclosure or use. Without an exemption from public records |
| 58 | requirements for a trade secret as defined in s. 688.002, |
| 59 | Florida Statutes, that trade secret becomes a public record when |
| 60 | held by the Florida Health Information Network Corporation, and |
| 61 | must be divulged upon request. Divulgence of any trade secret |
| 62 | under the public records law would destroy the value of that |
| 63 | property. Release of that information would give business |
| 64 | competitors an unfair advantage and weaken the position of the |
| 65 | corporation in the marketplace. Thus, the Legislature finds that |
| 66 | it is a public necessity that a trade secret be made |
| 67 | confidential and exempt from public records requirements. |
| 68 | Finally, the Legislature finds that it is a public necessity to |
| 69 | protect information received by the Florida Health Information |
| 70 | Network Corporation, from a person from another state or nation |
| 71 | or the Federal Government which is otherwise exempt or |
| 72 | confidential pursuant to the laws of that state or nation or |
| 73 | pursuant to federal law. Without this protection, another state |
| 74 | or nation or the Federal Government might be less likely to |
| 75 | provide information to the corporation in the furtherance of its |
| 76 | duties and responsibilities. |
| 77 | Section 3. This act shall take effect July 1, 2007, if |
| 78 | House Bill 1121 or similar legislation creating the Florida |
| 79 | Health Information Network Corporation is adopted in the same |
| 80 | legislative session or an extension thereof and becomes law. |