Florida Senate - 2016                              CS for SB 662
       By the Committee on Health Policy; and Senator Brandes
       588-02880-16                                           2016662c1
    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 or its designee;
    8         authorizing the disclosure of certain information to
    9         certain entities and individuals; providing for future
   10         legislative review and repeal of the exemption under
   11         the Open Government Sunset Review Act; providing a
   12         statement of public necessity; providing a contingent
   13         effective 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 or its designee under s. 408.064 is confidential
   24  and exempt from s. 119.07(1) and s. 24(a), Art. I of the State
   25  Constitution.
   26         (2) The agency or its designee may disclose such
   27  confidential and exempt information to the following persons or
   28  entities upon request after using a verification process to
   29  ensure the legitimacy of the request and the requestor’s
   30  identity:
   31         (a) A physician who certifies that the information is
   32  necessary to provide medical treatment to a patient with a
   33  terminal illness who has a plan in the clearinghouse.
   34         (b) A patient or the legal guardian or designated health
   35  care surrogate of a patient with a terminal illness who has a
   36  plan in the clearinghouse.
   37         (c) A health care facility that certifies that the
   38  information is necessary to provide medical treatment to a
   39  patient with a terminal illness who has a plan in the
   40  clearinghouse.
   41         (3) This section is subject to the Open Government Sunset
   42  Review Act in accordance with s. 119.15 and shall stand repealed
   43  on October 2, 2021, unless reviewed and saved from repeal
   44  through reenactment by the Legislature.
   45         Section 2. The Legislature finds that it is a public
   46  necessity to make confidential and exempt from disclosure
   47  information held in the clearinghouse for compassionate and
   48  palliative care plans which would identify a patient, his or her
   49  terminal illness, or the patient’s family members. Such personal
   50  identifying information, if publicly available, could be used to
   51  invade the personal privacy of the patient or his or her family.
   52  The decisions made under a compassionate and palliative care
   53  plan for a terminal condition are a private matter. Furthermore,
   54  the public disclosure of such information could hinder the
   55  effective and efficient administration of the clearinghouse for
   56  compassionate and palliative care plans. Public access to such
   57  information could reduce participation and minimize the
   58  effectiveness of compassionate and palliative care plans to meet
   59  the needs of individuals. Finally, access to such information
   60  could be used to solicit, harass, stalk, or intimidate
   61  clearinghouse participants or terminally ill patients or their
   62  families. Therefore, the Legislature finds that information held
   63  in the clearinghouse for compassionate and palliative care plans
   64  which would identify a patient participating in the
   65  clearinghouse or which contains or reflects the patient’s
   66  medical information should be confidential and exempt from
   67  public records requirements.
   68         Section 3. This act shall take effect on the same date that
   69  SB 664 or similar legislation takes effect if such legislation
   70  is adopted in the same legislative session or an extension
   71  thereof and becomes a law.