Florida Senate - 2017 SB 722 By Senator Brandes 24-00998-17 2017722__ 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 personal identifying information in 5 compassionate and palliative care plans filed with the 6 Clearinghouse for Compassionate and Palliative Care 7 Plans managed by the Agency for Health Care 8 Administration or its designee; authorizing the 9 disclosure of such information to certain entities and 10 individuals; providing for future legislative review 11 and repeal of the exemption under the Open Government 12 Sunset Review Act; providing a statement of public 13 necessity; providing a contingent 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) Personal identifying information held in the 22 Clearinghouse for Compassionate and Palliative Care Plans 23 managed by the Agency for Health Care Administration or its 24 designee under s. 408.064 is confidential and exempt from s. 25 119.07(1) and s. 24(a), Art. I of the State 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41 (3) This section is subject to the Open Government Sunset 42 Review Act in accordance with s. 119.15 and shall stand repealed 43 on October 2, 2022, unless reviewed and saved from repeal 44 through reenactment by the Legislature. 45 Section 2.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. 56 Public access to such information could reduce participation in 57 and minimize the effectiveness of compassionate and palliative 58 care plans to meet the needs of individuals. Finally, access to 59 such information could be used to solicit, harass, stalk, or 60 intimidate terminally ill patients or their families. Therefore, 61 the Legislature finds that information held in the clearinghouse 62 which would identify a patient who has a plan on file with 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 228 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.