HB 1123

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33Review Act in accordance with s. 119.15 and shall stand repealed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


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