Florida Senate - 2019 COMMITTEE AMENDMENT Bill No. SB 1700 Ì428208-Î428208 LEGISLATIVE ACTION Senate . House Comm: RCS . 04/01/2019 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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),orparagraph 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 thecriminalcase 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.