Florida Senate - 2016                                     SB 662
       By Senator Brandes
       22-00685-16                                            2016662__
    1                        A bill to be entitled                      
    2         An act relating to public records; creating s.
    3         408.0641, F.S.; creating an exemption from public
    4         records for identifying information in compassionate
    5         and palliative care plans filed with the clearinghouse
    6         for compassionate and palliative care plans at the
    7         Agency for Health Care Administration; authorizing the
    8         disclosure of certain information to certain entities
    9         and individuals; providing for future legislative
   10         review and repeal of the exemption under the Open
   11         Government Sunset Review Act; providing a statement of
   12         public necessity; providing a contingent effective
   13         date.
   15  Be It Enacted by the Legislature of the State of Florida:
   17         Section 1. Section 408.0641, Florida Statutes, is created
   18  to read:
   19         408.0641 Clearinghouse for compassionate and palliative
   20  care plans; public records exemption.—
   21         (1) Information held in the clearinghouse for compassionate
   22  and palliative care plans at the Agency for Health Care
   23  Administration under s. 408.064 is confidential and exempt from
   24  s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
   25         (2) The agency may disclose such confidential and exempt
   26  information to the following persons or entities upon request
   27  after using a verification process to ensure the legitimacy of
   28  the request and the requestor’s identity:
   29         (a) A physician who certifies that the information is
   30  necessary to provide medical treatment to a patient with a
   31  terminal illness who has a plan in the clearinghouse.
   32         (b) A patient or the legal guardian or designated health
   33  care surrogate of a patient with a terminal illness who has a
   34  plan in the clearinghouse.
   35         (c) A health care facility that certifies that the
   36  information is necessary to provide medical treatment to a
   37  patient with a terminal illness who has a plan in the
   38  clearinghouse.
   39         (3) This section is subject to the Open Government Sunset
   40  Review Act in accordance with s. 119.15 and shall stand repealed
   41  on October 2, 2021, unless reviewed and saved from repeal
   42  through reenactment by the Legislature.
   43         Section 2. The Legislature finds that it is a public
   44  necessity to make confidential and exempt from disclosure
   45  information held in the clearinghouse for compassionate and
   46  palliative care plans which would identify a patient, his or her
   47  terminal illness, or the patient’s family members. Such personal
   48  identifying information, if publicly available, could be used to
   49  invade the personal privacy of the patient or his or her family.
   50  The decisions made under a compassionate and palliative care
   51  plan for a terminal condition are a private matter. Furthermore,
   52  the public disclosure of such information could hinder the
   53  effective and efficient administration of the clearinghouse for
   54  compassionate and palliative care plans. Public access to such
   55  information could reduce participation and minimize the
   56  effectiveness of compassionate and palliative care plans to meet
   57  the needs of individuals. Finally, access to such information
   58  could be used to solicit, harass, stalk, or intimidate
   59  clearinghouse participants or terminally ill patients or their
   60  families. Therefore, the Legislature finds that information held
   61  in the clearinghouse for compassionate and palliative care plans
   62  which would identify a patient participating in the
   63  clearinghouse or which contains or reflects the patient’s
   64  medical information should be confidential and exempt from
   65  public records requirements.
   66         Section 3. This act shall take effect on the same date that
   67  SB ____ or similar legislation takes effect if such legislation
   68  is adopted in the same legislative session or an extension
   69  thereof and becomes a law.