January 19, 2020
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HB 1887

1
A bill to be entitled
2An act relating to public records and public meetings
3exemptions; creating s. 381.0273, F.S.; providing that
4patient identifying information held by the Florida
5Patient Safety Corporation and its subsidiaries, advisory
6committees, and contractors and information that
7identifies the person or entity reporting patient safety
8data are confidential and exempt from public records
9requirements; authorizing certain disclosure of such
10information; providing that portions of meetings held by
11the corporation and its subsidiaries, advisory committees,
12and contractors at which such information is discussed are
13exempt from public meetings requirements; providing that
14minutes of those portions of exempt meetings are
15confidential and exempt from public records requirements;
16providing for future review and repeal; providing a
17statement of public necessity; providing a contingent
18effective date.
19
20Be It Enacted by the Legislature of the State of Florida:
21
22     Section 1.  Section 381.0273, Florida Statutes, is created
23to read:
24     381.0273  Public records and public meetings exemptions for
25patient safety data.--
26     (1)(a)  Patient identifying information held by the Florida
27Patient Safety Corporation or its subsidiaries, advisory
28committees, and contractors pursuant to s. 381.0271 is
29confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
30of the State Constitution.
31     (b)  Information that identifies the person or entity
32reporting patient safety data, as defined in s. 766.1016, held
33by the Florida Patient Safety Corporation or its subsidiaries,
34advisory committees, and contractors pursuant to s. 381.0271 is
35confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
36of the State Constitution.
37     (c)  Identifying information made confidential and exempt
38pursuant to paragraphs (a) and (b) may be disclosed only:
39     1.  With the express written consent of the patient or the
40patient's legally authorized representative in compliance with
41any federal or state law, and such consent only authorizes the
42release of information regarding that patient;
43     2.  With the express written consent of the person or
44entity reporting the patient safety data to the Florida Patient
45Safety Corporation, and such consent only authorizes the release
46of information regarding that person or entity;
47     3.  By court order upon a showing of good cause; or
48     4.  To a health research entity if the entity seeks such
49confidential and exempt information pursuant to a research
50protocol approved by the Florida Patient Safety Corporation,
51maintains such confidential and exempt information in accordance
52with the approved protocol, and enters into a purchase and data-
53use agreement with the corporation the fee provisions of which
54are consistent with s. 119.07(1)(a). The corporation may deny a
55request for such confidential and exempt information if the
56protocol provides for intrusive follow-back contacts, has not
57been approved by a human studies institutional review board,
58does not plan for the destruction of such confidential and
59exempt information after the research is concluded, or does not
60have scientific merit. The agreement must prohibit the release
61of such confidential and exempt information, must limit the use
62of such confidential and exempt information in conformance with
63the approved research protocol, and must prohibit any other use
64of such confidential and exempt information. Copies of such
65confidential and exempt information issued pursuant to this
66subparagraph remain the property of the corporation.
67     (2)(a)  Any portion of a meeting held by the Florida
68Patient Safety Corporation or its subsidiaries, advisory
69committees, and contractors during which information made
70confidential and exempt pursuant to subsection (1) is discussed
71is exempt from s. 286.011 and s. 24(b), Art. I of the State
72Constitution.
73     (b)  Minutes of those portions of meetings made exempt
74pursuant to this subsection are confidential and exempt from s.
75119.07(1) and s. 24(a), Art. I of the State Constitution.
76     (3)  This section is subject to the Open Government Sunset
77Review Act of 1995 in accordance with s. 119.15 and shall stand
78repealed on October 2, 2009, unless reviewed and saved from
79repeal through reenactment by the Legislature.
80     Section 2.  The Legislature finds that it is a public
81necessity that patient identifying information held by the
82Florida Patient Safety Corporation or its subsidiaries, advisory
83committees, and contractors be made confidential and exempt from
84public disclosure. Such information is of a sensitive and
85personal nature, and the release of such information could be
86defamatory to the patient or could cause unwarranted damage to
87the name or reputation of the patient. If patient identifying
88information is not made confidential and exempt, any person
89could inspect and copy records held by the corporation and its
90subsidiaries, advisory committees, and contractors, thus being
91made aware of the medical status of a patient. The availability
92of such information to the public would result in the invasion
93of the patient's privacy. If the identity of the patient could
94be correlated with his or her medical information, it would be
95possible for the public to become aware of the diseases or other
96medical concerns for which a patient is being treated. This
97knowledge could be used to embarrass or humiliate a patient or
98to discriminate against him or her. The Legislature further
99finds that it is a public necessity that information that
100identifies the person or entity reporting patient safety data to
101the Florida Patient Safety Corporation or its subsidiaries,
102advisory committees, and contractors be made confidential and
103exempt from public disclosure. Release of such information could
104discourage health care practitioners and health care facilities
105from voluntarily reporting incidents occurring at such
106facilities and could discourage such practitioners and
107facilities from voluntarily submitting patient safety data to
108the corporation and its subsidiaries, advisory committees, and
109contractors. As such, the effective and efficient administration
110of a governmental program would be hindered. The Legislature
111also finds that it is a public necessity that any portion of a
112meeting of the Florida Patient Safety Corporation or its
113subsidiaries, advisory committees, and contractors in which
114confidential and exempt information is discussed be made exempt
115from public access and that the minutes of those portions of
116such exempt meetings be made confidential and exempt. Disclosing
117information made confidential and exempt via an open meeting
118defeats the purpose of the public records exemption. Without
119these exemptions, the effective and efficient administration of
120the Florida Patient Safety Corporation would be jeopardized and
121the ability of the Florida Patient Safety Corporation to assist
122health care practitioners and health care facilities to reduce
123and prevent injury to patients in the future would be
124significantly impaired.
125     Section 3.  This act shall take effect upon becoming a law
126if HB 1885 or similar legislation is adopted in the same
127legislative session or an extension thereof and becomes law.


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