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 |
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14 | Be It Enacted by the Legislature of the State of Florida: |
15 |
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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. |