Florida Senate - 2018                                     SB 476
       
       
        
       By Senator Brandes
       
       
       
       
       
       24-00550-18                                            2018476__
    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, 2023, 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 ___ 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.