Florida Senate - 2019 COMMITTEE AMENDMENT
Bill No. SB 1700
Ì428208-Î428208
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/01/2019 .
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The Committee on Health Policy (Lee) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Paragraph (b) of subsection (5) and subsection
6 (10) of section 893.055, Florida Statutes, are amended to read:
7 893.055 Prescription drug monitoring program.—
8 (5) The following entities may not directly access
9 information in the system, but may request information from the
10 program manager or designated program and support staff:
11 (b) The Attorney General for:
12 1. Medicaid fraud cases involving prescribed controlled
13 substances.
14 2. An active investigation or pending civil or criminal
15 litigation involving prescribed controlled substances other than
16 Medicaid fraud cases. When releasing information pursuant to
17 this subparagraph, the department must assign each patient whose
18 information is released a unique identifying number that does
19 not identify, or provide a reasonable basis to identify, the
20 patient to whom the identifying number is assigned. The
21 department may not release any patient information pursuant to
22 this subparagraph other than the patient’s unique identifying
23 number, year of birth, and the county, city, and zip code where
24 the patient resides.
25 (10) Information in the prescription drug monitoring
26 program’s system may be released only as provided in this
27 section and s. 893.0551.
28 (a) Except as provided in paragraph (b), the content of the
29 system is intended to be informational only. Information in the
30 system is not subject to discovery or introduction into evidence
31 in any civil or administrative action against a prescriber,
32 dispenser, pharmacy, or patient arising out of matters that are
33 the subject of information in the system. The program manager
34 and authorized persons who participate in preparing, reviewing,
35 issuing, or any other activity related to management of the
36 system may not be permitted or required to testify in any such
37 civil or administrative action as to any findings,
38 recommendations, evaluations, opinions, or other actions taken
39 in connection with management of the system.
40 (b) The Attorney General may introduce information from the
41 system released to him or her pursuant to subparagraph (5)(b)2.
42 as evidence in a civil, criminal, or administrative action
43 against a dispenser or a pharmacy. The program manager and
44 authorized persons who participate in preparing, reviewing,
45 issuing, or any other activity related to the management of the
46 system may testify for purposes of authenticating the records
47 introduced into evidence pursuant to this paragraph.
48 Section 2. Paragraph (e) of subsection (3) and subsection
49 (6) of section 893.0551, Florida Statutes, are amended to read:
50 893.0551 Public records exemption for the prescription drug
51 monitoring program.—
52 (3) The department shall disclose such information to the
53 following persons or entities upon request and after using a
54 verification process to ensure the legitimacy of the request as
55 provided in s. 893.055:
56 (e) The Attorney General or his or her designee:
57 1. When working on Medicaid fraud cases involving
58 prescribed controlled substances or when the Attorney General
59 has initiated a review of specific identifiers of Medicaid fraud
60 or specific identifiers that warrant a Medicaid investigation
61 regarding prescribed controlled substances. The Attorney
62 General’s Medicaid fraud investigators may not have direct
63 access to the department’s system. The Attorney General or his
64 or her designee may disclose to a criminal justice agency, as
65 defined in s. 119.011, only the information received from the
66 department that is relevant to an identified active
67 investigation that prompted the request for the information.
68 2. When pursuing an active investigation or pending civil
69 or criminal litigation involving prescribed controlled
70 substances. Except for Medicaid fraud cases, when releasing
71 information pursuant to this subparagraph, the department must
72 assign each patient whose information is released a unique
73 identifying number that does not identify, or provide a
74 reasonable basis to identify, the patient to whom the
75 identifying number is assigned. The department may not release
76 any patient information pursuant to this subparagraph other than
77 the patient’s unique identifying number, year of birth, and the
78 county, city, and zip code where the patient resides.
79 (6) An agency or person who obtains any information
80 pursuant to this section must maintain the confidential and
81 exempt status of that information and may not disclose such
82 information unless authorized by law. Information shared with a
83 state attorney pursuant to paragraph (3)(f), or paragraph
84 (3)(h), or with the Attorney General or his or her designee
85 pursuant to subparagraph (3)(e)2. may be released only in
86 response to a discovery demand if such information is directly
87 related to the criminal case for which the information was
88 requested. Unrelated information may be released only upon an
89 order of a court of competent jurisdiction.
90 Section 3. This act shall take effect upon becoming a law.
91
92 ================= T I T L E A M E N D M E N T ================
93 And the title is amended as follows:
94 Delete everything before the enacting clause
95 and insert:
96 A bill to be entitled
97 An act relating to prescribed controlled substances;
98 amending s. 893.055, F.S.; expanding the circumstances
99 under which the Attorney General may request
100 information from the prescription drug monitoring
101 program to include an active investigation or pending
102 civil or criminal litigation involving prescribed
103 controlled substances; requiring the Department of
104 Health to assign each patient a unique identifying
105 number when releasing certain information; limiting
106 the information of a patient the department may
107 release; authorizing the Attorney General to introduce
108 as evidence in certain actions specified information
109 that is released to the Attorney General from the
110 program’s records system; authorizing certain persons
111 to testify as to the authenticity of certain records;
112 amending s. 893.0551, F.S.; expanding the
113 circumstances under which the department must disclose
114 certain information to the Attorney General to include
115 active investigations or pending civil or criminal
116 litigation involving prescribed controlled substances;
117 requiring the department to assign each patient a
118 unique identifying number when releasing certain
119 information; providing an exception; limiting the
120 information of a patient the department may release;
121 authorizing the release of specified information
122 shared with a state attorney only in response to a
123 discovery demand under certain circumstances;
124 providing an effective date.