Florida Senate - 2022 SB 1350
By Senator Diaz
36-01222-22 20221350__
1 A bill to be entitled
2 An act relating to public records and meetings;
3 creating s. 395.3027, F.S.; providing an exemption
4 from public records requirements for certain
5 confidential information held by in-hospital medical
6 staff committees of public hospitals; providing an
7 exemption from public meetings requirements for
8 portions of meetings held by such medical staff
9 committees during which such confidential information
10 is discussed; requiring the recording and
11 transcription of exempt portions of such meetings;
12 providing an exemption from public records
13 requirements for such recordings and transcripts;
14 providing for future legislative review and repeal of
15 the exemptions; providing a statement of public
16 necessity; providing an effective date.
17
18 Be It Enacted by the Legislature of the State of Florida:
19
20 Section 1. Section 395.3027, Florida Statutes, is created
21 to read:
22 395.3027 Confidentiality of in-hospital medical staff
23 committee records and meetings.—
24 (1) The records held by an in-hospital medical staff
25 committee, including, but not limited to, any medical executive
26 committee or credentialing committee, or agent thereof, of a
27 public hospital which contain any of the following information
28 are confidential and exempt from s. 119.07(1) and s. 24(a), Art.
29 I of the State Constitution:
30 (a) Individually identifiable health information protected
31 under the Health Insurance Portability and Accountability Act of
32 1996, or its implementing regulations.
33 (b) Personal identifying information of hospital personnel.
34 (c) Information relating to:
35 1. Pending legal matters, including, but not limited to,
36 litigation strategy.
37 2. Contract negotiations.
38 3. Personnel matters.
39 4. Peer review procedures.
40 5. Trade secrets as defined in s. 688.002.
41 (2) Any portion of an in-hospital medical staff committee
42 meeting during which information that is confidential and exempt
43 pursuant to subsection (1) is discussed is exempt from s.
44 286.011 and s. 24(b), Art. I of the State Constitution. A
45 complete recording and transcript must be made of any portion of
46 a meeting which is closed pursuant to this subsection, and any
47 closed portion of such meeting may not be held off the record.
48 The recordings and transcripts of the closed portion of a
49 meeting are exempt from s. 119.07(1) and s. 24(a), Art. I of the
50 State Constitution.
51 (3) This section is subject to the Open Government Sunset
52 Review Act in accordance with s. 119.15 and shall stand repealed
53 on October 2, 2027, unless reviewed and saved from repeal
54 through reenactment by the Legislature.
55 Section 2. (1) The Legislature finds that it is a public
56 necessity that the records held by in-hospital medical staff
57 committees, including, but not limited to, medical executive
58 committees and credentialing committees, or agents thereof, of
59 public hospitals which contain individually identifiable health
60 information; the personal identifying information of hospital
61 personnel; and information relating to pending legal matters,
62 contract negotiations, personnel matters, peer review
63 procedures, and trade secrets be made confidential and exempt
64 from disclosure under s. 119.07(1), Florida Statutes, and s.
65 24(a), Article I of the State Constitution. The Legislature also
66 finds that subjecting the records of these in-hospital medical
67 staff committees to the public records requirements could cause
68 unnecessary harm to individuals whose personal identifying
69 information and confidential health information are revealed and
70 would impair public hospitals from effectively competing in the
71 marketplace against private hospitals whose records are not
72 required to be open to the public.
73 (2) The Legislature finds that it is a public necessity
74 that any portion of meetings held by in-hospital medical staff
75 committees of public hospitals during which the confidential and
76 exempt information described in subsection (1) is discussed be
77 made exempt from s. 286.011, Florida Statutes, and s. 24(b),
78 Article I of the State Constitution and that the recordings and
79 transcripts of such meetings be made exempt from s. 119.07(1),
80 Florida Statutes, and s. 24(a), Article I of the State
81 Constitution. Such meetings are designed to encourage the free
82 discussion and exchange of ideas between health care
83 practitioners and other hospital personnel, which could be
84 blunted if such confidential and sensitive information were
85 subject to disclosure. The Legislature also finds that
86 subjecting these in-hospital medical staff committees to the
87 public meetings requirements is duplicative since the final
88 decisions made by medical staff committees are subsequently
89 presented to a public body at publicly noticed meetings.
90 Furthermore, the failure to exempt the recordings and
91 transcripts of such meetings would defeat the purpose of the
92 public meetings exemption. Therefore, the Legislature finds that
93 the public and private harm in disclosing the confidential
94 information and records outweighs any public benefit derived
95 from the disclosure of such information.
96 Section 3. This act shall take effect October 1, 2022.