Florida Senate - 2019 SENATOR AMENDMENT Bill No. CS for SB 1700 Ì115626-Î115626 LEGISLATIVE ACTION Senate . House . . . Floor: NC/2R . 05/02/2019 11:39 AM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Lee moved the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Present paragraphs (f) through (k) of subsection 6 (1) of section 893.055, Florida Statutes, are redesignated as 7 paragraphs (g) through (l), respectively, present paragraph (b) 8 of subsection (2) is redesignated as paragraph (c), a new 9 paragraph (f) is added to subsection (1) and a new paragraph (b) 10 is added to subsection (2) of that section, and paragraph (b) of 11 subsection (5) and subsection (10) are amended, to read: 12 893.055 Prescription drug monitoring program.— 13 (1) As used in this section, the term: 14 (f) “Electronic health recordkeeping system” means an 15 electronic or computer-based information system used by health 16 care practitioners or providers to create, collect, store, 17 manipulate, exchange, or make available personal health 18 information for the delivery of patient care. 19 (2) 20 (b) To protect personally identifiable information, the 21 department shall assign a unique identifier to each patient for 22 whom a record exists in the system. Such identifier may not 23 identify or provide a reasonable basis to identify a patient by 24 any person not authorized under this section to access 25 personally identifiable information in the system. 26 (5) The following entities may not directly access 27 information in the system, but may request information from the 28 program manager or designated program and support staff: 29 (b) The Attorney General for: 30 1. Medicaid fraud cases involving prescribed controlled 31 substances. 32 2. An active investigation or pending civil or criminal 33 litigation involving prescribed controlled substances, other 34 than Medicaid fraud cases, upon the granting of a petition or 35 motion by a trial court which specifically identifies the active 36 or pending matter. The Attorney General shall ensure that 37 information obtained under this subparagraph is not used for any 38 purpose other than the specific matter stated in the petition or 39 motion. Notice to any party regarding such petition or motion is 40 not required, except in cases of pending civil litigation. The 41 trial court shall grant the petition or motion and authorize 42 release of information when the information appears reasonably 43 calculated to lead to the discovery of admissible evidence. The 44 department may not release any patient information pursuant to 45 this subparagraph other than the patient’s unique identifier 46 assigned pursuant to paragraph (2)(b), year of birth, and the 47 county, city, and zip code where the patient resides, consistent 48 with the provisions of the Health Insurance Portability and 49 Accountability Act of 1996 and its implementing regulations. The 50 Attorney General shall maintain a log of each person with whom 51 the information is shared to document the chain of custody, 52 execute a confidentiality agreement or an agreement bound by a 53 protective order with each such person, ensure that the 54 information is maintained in a secure manner, and require each 55 such person to return all information or certify its destruction 56 under penalty of perjury to the Attorney General upon the final 57 resolution of the matter for which the information was 58 requested. 59 (10) Information in the prescription drug monitoring 60 program’s system may be released only as provided in this 61 section and s. 893.0551. 62 (a) Except as provided in paragraph (b), the content of the 63 system is intended to be informational only. Information in the 64 system is not subject to discovery or introduction into evidence 65 in any civil or administrative action against a prescriber, 66 dispenser, pharmacy, or patient arising out of matters that are 67 the subject of information in the system. The program manager 68 and authorized persons who participate in preparing, reviewing, 69 issuing, or any other activity related to management of the 70 system may not be permitted or required to testify in any such 71 civil or administrative action as to any findings, 72 recommendations, evaluations, opinions, or other actions taken 73 in connection with management of the system. 74 (b) The Attorney General may introduce information from the 75 system released pursuant to subparagraph (5)(b)2. as evidence in 76 a civil, criminal, or administrative action against a dispenser, 77 manufacturer, or a pharmacy. The program manager and authorized 78 persons who participate in preparing, reviewing, issuing, or any 79 other activity related to the management of the system may 80 testify for purposes of authenticating the records introduced 81 into evidence pursuant to this paragraph. 82 Section 2. Paragraph (e) of subsection (3) and subsection 83 (6) of section 893.0551, Florida Statutes, are amended to read: 84 893.0551 Public records exemption for the prescription drug 85 monitoring program.— 86 (3) The department shall disclose such information to the 87 following persons or entities upon request and after using a 88 verification process to ensure the legitimacy of the request as 89 provided in s. 893.055: 90 (e) The Attorney General or his or her designee: 91 1. When working on Medicaid fraud cases involving 92 prescribed controlled substances or when the Attorney General 93 has initiated a review of specific identifiers of Medicaid fraud 94 or specific identifiers that warrant a Medicaid investigation 95 regarding prescribed controlled substances. The Attorney 96 General’s Medicaid fraud investigators may not have direct 97 access to the department’s system. The Attorney General or his 98 or her designee may disclose to a criminal justice agency, as 99 defined in s. 119.011, only the information received from the 100 department that is relevant to an identified active 101 investigation that prompted the request for the information. 102 2. Upon a court order authorizing the release of patient 103 information under s. 893.055(5)(b)2. 104 (6) An agency or person who obtains any information 105 pursuant to this section must maintain the confidential and 106 exempt status of that information and may not disclose such 107 information unless authorized by law. Information shared with a 108 state attorney pursuant to paragraph (3)(f),orparagraph 109 (3)(h), or with the Attorney General or his or her designee 110 pursuant to subparagraph (3)(e)2. may be released only in 111 response to a discovery demand if such information is directly 112 related to thecriminalcase for which the information was 113 requested. Unrelated information may be released only upon an 114 order of a court of competent jurisdiction. 115 Section 3. The amendments to ss. 893.055 and 893.0551, 116 Florida Statutes, made by this act shall stand repealed on June 117 30, 2021, unless reviewed and saved from repeal through 118 reenactment by the Legislature. If such amendments are not saved 119 from repeal, the text of ss. 893.055 and 893.0551, Florida 120 Statutes, shall revert to that in existence on June 30, 2019, 121 except that any amendments to such text other than by this act 122 shall be preserved and continue to operate to the extent that 123 such amendments are not dependent upon the portions of text 124 which expire pursuant to this section. 125 Section 4. This act shall take effect July 1, 2019. 126 127 ================= T I T L E A M E N D M E N T ================ 128 And the title is amended as follows: 129 Delete everything before the enacting clause 130 and insert: 131 A bill to be entitled 132 An act relating to the prescription drug monitoring 133 program; amending s. 893.055, F.S.; defining the term 134 “electronic health recordkeeping system”; requiring 135 the Department of Health to assign a unique identifier 136 to each patient in the system; prohibiting the unique 137 identifier from identifying or providing a basis for 138 identification by unauthorized individuals; 139 authorizing the Attorney General to request 140 information for an active investigation or pending 141 civil or criminal litigation involving prescribed 142 controlled substances; requiring such information to 143 be released upon the granting of a petition or motion 144 by a trial court; providing exceptions; requiring a 145 trial court to grant a petition or motion under 146 certain circumstances; limiting the patient 147 information the department may provide; authorizing 148 the Attorney General to introduce as evidence in 149 certain actions specified information that is released 150 to the Attorney General from the prescription drug 151 monitoring program; authorizing certain persons to 152 testify as to the authenticity of certain records; 153 amending s. 893.0551, F.S.; authorizing the Attorney 154 General to have access to records when ordered by a 155 court under specified provisions; providing for future 156 repeal of amendments unless reviewed and saved from 157 repeal through reenactment by the Legislature; 158 providing for effect of amendments by other 159 provisions; providing an effective date.