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. 14 15 Be It Enacted by the Legislature of the State of Florida: 16 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41 (3) This section is subject to the Open Government Sunset 42 Review Act in accordance with s. 119.15 and shall stand repealed 43 on October 2, 2021, unless reviewed and saved from repeal 44 through reenactment by the Legislature. 45 Section 2.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.