Florida Senate - 2018 COMMITTEE AMENDMENT Bill No. SB 476 Ì854172&Î854172 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Health Policy (Brandes) recommended the following: 1 Senate Amendment 2 3 Delete lines 31 - 69 4 and insert: 5 (a) A health care provider as defined in s. 408.07 who 6 certifies that the information is necessary to provide medical 7 treatment to a patient with a terminal illness who has a plan in 8 the clearinghouse.
A physician who certifies that the9 information is necessary to provide medical treatment to a10 patient with a terminal illness who has a plan in the11 clearinghouse.12 (b) A patient or the legal guardian or designated health 13 care surrogate of a patient with a terminal illness who has a 14 plan in the clearinghouse. 15 (c) A health care facility that certifies that the 16 information is necessary to provide medical treatment to a 17 patient with a terminal illness who has a plan in the 18 clearinghouse. 19 (3) This section is subject to the Open Government Sunset 20 Review Act in accordance with s. 119.15 and shall stand repealed 21 on October 2, 2023, unless reviewed and saved from repeal 22 through reenactment by the Legislature. 23 Section 2. The Legislature finds that it is a public 24 necessity to make confidential and exempt from disclosure 25 information held in the Clearinghouse for Compassionate and 26 Palliative Care Plans which would identify a patient, his or her 27 terminal illness, or the patient’s family members. Such personal 28 identifying information, if publicly available, could be used to 29 invade the personal privacy of the patient or his or her family. 30 The decisions made under a compassionate and palliative care 31 plan for a terminal condition are a private matter. Furthermore, 32 the public disclosure of such information could hinder the 33 effective and efficient administration of the clearinghouse. 34 Public access to such information could reduce participation in 35 and minimize the effectiveness of compassionate and palliative 36 care plans to meet the needs of individuals. Finally, access to 37 such information could be used to solicit, harass, stalk, or 38 intimidate terminally ill patients or their families. Therefore, 39 the Legislature finds that information held in the clearinghouse 40 which would identify a patient who has a plan on file with the 41 clearinghouse or which contains or reflects the patient’s 42 medical information should be confidential and exempt from 43 public records requirements. 44 Section 3. This act shall take effect on the same date that 45 SB 474 or similar legislation takes effect if such legislation 46 is adopted in the same legislative session or an extension 47 thereof and becomes a law.