HB 7053

1	A bill to be entitled
2	An act relating to a review under the Open Government
3	Sunset Review Act regarding the Florida Kidcare program;
4	amending s. 409.821, F.S.; reorganizing the exemption;
5	providing that the public record exemption does not
6	prohibit the release of certain information to the legal
7	guardian of an enrollee; removing superfluous language;
8	repealing s. 2, ch. 2003-104, Laws of Florida, which
9	provides for repeal of the exemption; repealing s.
10	624.91(8), F.S., which provides a duplicative public
11	records exemption for the Florida Healthy Kids
12	Corporation; providing an effective date.
13
14	Be It Enacted by the Legislature of the State of Florida:
15
16	Section 1.  Section 409.821, Florida Statutes, is amended
17	to read:
18	409.821  Florida Kidcare program public records
19	exemption.--
20	(1)  Personal identifying information of Notwithstanding
21	any other law to the contrary, any information identifying a
22	Florida Kidcare program applicant or enrollee, as defined in s.
23	409.811, held by the Agency for Health Care Administration, the
24	Department of Children and Family Services, the Department of
25	Health, or the Florida Healthy Kids Corporation is confidential
26	and exempt from s. 119.07(1) and s. 24(a), Art. I of the State
27	Constitution.
28	(2)(a)  Upon request, such information shall may be
29	disclosed to:
30	1.  Another governmental entity only if disclosure is
31	necessary for the entity to perform its duties and
32	responsibilities under the Florida Kidcare program; and shall be
33	disclosed to
34	2.  The Department of Revenue for purposes of administering
35	the state Title IV-D program; or. The receiving governmental
36	entity must maintain the confidential and exempt status of such
37	information. Furthermore, such information may not be released
38	to
39	3.  Any person who has without the written consent of the
40	program applicant.
41	(b)  This section does not prohibit an enrollee's legal
42	guardian from obtaining confirmation of coverage, dates of
43	coverage, the name of the enrollee's health plan, and the amount
44	of premium being paid.
45	(3)  This exemption applies to any information identifying
46	a Florida Kidcare program applicant or enrollee held by the
47	Agency for Health Care Administration, the Department of
48	Children and Family Services, the Department of Health, or the
49	Florida Healthy Kids Corporation before, on, or after the
50	effective date of this exemption.
51	(4)  A knowing and willful violation of this section is a
52	misdemeanor of the second degree, punishable as provided in s.
53	775.082 or s. 775.083.
54	Section 2.  Section 2 of chapter 2003-104, Laws of Florida
55	is repealed.
56	Section 3.  Subsection (8) of section 624.91, Florida
57	Statutes, is repealed.
58	Section 4.  This act shall take effect October 1, 2008.

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