January 22, 2020
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HB 1887CS

CHAMBER ACTION




1The Committee on State Administration recommends the following:
2
3     Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to public records and public meetings
7exemptions; creating s. 381.0273, F.S.; providing that
8patient identifying information held by the Florida
9Patient Safety Corporation and its subsidiaries, advisory
10committees, and contractors and information that
11identifies the person or entity reporting patient safety
12data are confidential and exempt from public records
13requirements; authorizing certain disclosure of such
14information; providing that portions of meetings held by
15the corporation and its subsidiaries, advisory committees,
16and contractors at which such information is discussed are
17exempt from public meetings requirements; providing that
18minutes of those portions of exempt meetings are
19confidential and exempt from public records requirements;
20providing for future review and repeal; providing a
21statement of public necessity; providing a contingent
22effective date.
23
24Be It Enacted by the Legislature of the State of Florida:
25
26     Section 1.  Section 381.0273, Florida Statutes, is created
27to read:
28     381.0273  Public records and public meetings exemptions for
29patient safety data.--
30     (1)(a)  Patient identifying information held by the Florida
31Patient Safety Corporation or its subsidiaries, advisory
32committees, and contractors pursuant to s. 381.0271 is
33confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
34of the State Constitution.
35     (b)  Information that identifies the person or entity
36reporting patient safety data, as defined in s. 766.1016, held
37by the Florida Patient Safety Corporation or its subsidiaries,
38advisory committees, and contractors pursuant to s. 381.0271 is
39confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
40of the State Constitution.
41     (c)  Identifying information made confidential and exempt
42pursuant to paragraphs (a) and (b) may be disclosed only:
43     1.  With the express written consent of the patient or the
44patient's legally authorized representative in compliance with
45any federal or state law, and such consent only authorizes the
46release of information regarding that patient;
47     2.  With the express written consent of the person or
48entity reporting the patient safety data to the Florida Patient
49Safety Corporation, and such consent only authorizes the release
50of information regarding that person or entity;
51     3.  By court order upon a showing of good cause; or
52     4.  To a health research entity if the entity seeks such
53confidential and exempt information pursuant to a research
54protocol approved by the Florida Patient Safety Corporation,
55maintains such confidential and exempt information in accordance
56with the approved protocol, and enters into a purchase and data-
57use agreement with the corporation the fee provisions of which
58are consistent with s. 119.07(1)(a). The corporation may deny a
59request for such confidential and exempt information if the
60protocol provides for intrusive follow-back contacts, has not
61been approved by a human studies institutional review board,
62does not plan for the destruction of such confidential and
63exempt information after the research is concluded, or does not
64have scientific merit. The agreement must prohibit the release
65of such confidential and exempt information, must limit the use
66of such confidential and exempt information in conformance with
67the approved research protocol, and must prohibit any other use
68of such confidential and exempt information. Copies of such
69confidential and exempt information issued pursuant to this
70subparagraph remain the property of the corporation.
71     (2)(a)  Any portion of a meeting held by the Florida
72Patient Safety Corporation or its subsidiaries, advisory
73committees, and contractors during which information made
74confidential and exempt pursuant to subsection (1) is discussed
75is exempt from s. 286.011 and s. 24(b), Art. I of the State
76Constitution.
77     (b)  Minutes of those portions of meetings made exempt
78pursuant to this subsection are confidential and exempt from s.
79119.07(1) and s. 24(a), Art. I of the State Constitution.
80     (3)  This section is subject to the Open Government Sunset
81Review Act of 1995 in accordance with s. 119.15 and shall stand
82repealed on October 2, 2009, unless reviewed and saved from
83repeal through reenactment by the Legislature.
84     Section 2.  The Legislature finds that it is a public
85necessity that patient identifying information held by the
86Florida Patient Safety Corporation or its subsidiaries, advisory
87committees, and contractors be made confidential and exempt from
88public disclosure. Such information is of a sensitive and
89personal nature, and the release of such information could be
90defamatory to the patient or could cause unwarranted damage to
91the name or reputation of the patient. If patient identifying
92information is not made confidential and exempt, any person
93could inspect and copy records held by the corporation and its
94subsidiaries, advisory committees, and contractors, thus being
95made aware of the medical status of a patient. The availability
96of such information to the public would result in the invasion
97of the patient's privacy. If the identity of the patient could
98be correlated with his or her medical information, it would be
99possible for the public to become aware of the diseases or other
100medical concerns for which a patient is being treated. This
101knowledge could be used to embarrass or humiliate a patient or
102to discriminate against him or her. The Legislature further
103finds that it is a public necessity that information that
104identifies the person or entity reporting patient safety data to
105the Florida Patient Safety Corporation or its subsidiaries,
106advisory committees, and contractors be made confidential and
107exempt from public disclosure. Release of such information could
108discourage health care practitioners and health care facilities
109from voluntarily reporting incidents occurring at such
110facilities and could discourage such practitioners and
111facilities from voluntarily submitting patient safety data to
112the corporation and its subsidiaries, advisory committees, and
113contractors. As such, the effective and efficient administration
114of a governmental program would be hindered. The Legislature
115also finds that it is a public necessity that any portion of a
116meeting of the Florida Patient Safety Corporation or its
117subsidiaries, advisory committees, and contractors in which
118confidential and exempt information is discussed be made exempt
119from public access and that the minutes of those portions of
120such exempt meetings be made confidential and exempt. Disclosing
121information made confidential and exempt via an open meeting
122defeats the purpose of the public records exemption. Without
123these exemptions, the effective and efficient administration of
124the Florida Patient Safety Corporation would be jeopardized and
125the ability of the Florida Patient Safety Corporation to assist
126health care practitioners and health care facilities to reduce
127and prevent injury to patients in the future would be
128significantly impaired.
129     Section 3.  This act shall take effect upon becoming a law
130if HB 1885 or similar legislation is adopted in the same
131legislative session or an extension thereof and becomes law.


CODING: Words stricken are deletions; words underlined are additions.
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