January 17, 2020
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Amendment
Bill No. 1887
Amendment No. 143243
CHAMBER ACTION
Senate House
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1Representative Farkas offered the following:
2
3     Amendment
4     Remove lines 37-110 and insert:
5     (c)  Information that identifies a health care practitioner
6or health care facility held by the Florida Patient Safety
7Corporation and its subsidiaries, advisory committees, or
8contractors pursuant to s. 381.0271 is confidential and exempt
9from s. 119.07(1) and s. 24(a), Art. I of the State
10Constitution.
11     (d)  Identifying information made confidential and exempt
12pursuant to paragraphs (a), (b), and (c) may be disclosed only:
13     1.  With the express written consent of the patient or the
14patient's legally authorized representative in compliance with
15any federal or state law, and such consent only authorizes the
16release of information regarding that patient;
17     2.  With the express written consent of the person or
18entity reporting the patient safety data to the Florida Patient
19Safety Corporation, and such consent only authorizes the release
20of information regarding that person or entity;
21     3.  With the express written consent of the health care
22practitioner or health care facility, and such consent only
23authorizes the release of information regarding that
24practitioner or facility;
25     4.  By court order upon a showing of good cause; or
26     5.  To a health research entity if the entity seeks such
27confidential and exempt information pursuant to a research
28protocol approved by the Florida Patient Safety Corporation,
29maintains such confidential and exempt information in accordance
30with the approved protocol, and enters into a purchase and data-
31use agreement with the corporation the fee provisions of which
32are consistent with s. 119.07(1)(a). The corporation may deny a
33request for such confidential and exempt information if the
34protocol provides for intrusive follow-back contacts, has not
35been approved by a human studies institutional review board,
36does not plan for the destruction of such confidential and
37exempt information after the research is concluded, or does not
38have scientific merit. The agreement must prohibit the release
39of such confidential and exempt information, must limit the use
40of such confidential and exempt information in conformance with
41the approved research protocol, and must prohibit any other use
42of such confidential and exempt information. Copies of such
43confidential and exempt information issued pursuant to this
44subparagraph remain the property of the corporation.
45     (2)(a)  Any portion of a meeting held by the Florida
46Patient Safety Corporation or its subsidiaries, advisory
47committees, and contractors during which information made
48confidential and exempt pursuant to subsection (1) is discussed
49is exempt from s. 286.011 and s. 24(b), Art. I of the State
50Constitution.
51     (b)  Minutes of those portions of meetings made exempt
52pursuant to this subsection are confidential and exempt from s.
53119.07(1) and s. 24(a), Art. I of the State Constitution.
54     (3)  This section is subject to the Open Government Sunset
55Review Act of 1995 in accordance with s. 119.15 and shall stand
56repealed on October 2, 2009, unless reviewed and saved from
57repeal through reenactment by the Legislature.
58     Section 2.  The Legislature finds that it is a public
59necessity that patient identifying information held by the
60Florida Patient Safety Corporation or its subsidiaries, advisory
61committees, and contractors be made confidential and exempt from
62public disclosure. Such information is of a sensitive and
63personal nature, and the release of such information could be
64defamatory to the patient or could cause unwarranted damage to
65the name or reputation of the patient. If patient identifying
66information is not made confidential and exempt, any person
67could inspect and copy records held by the corporation and its
68subsidiaries, advisory committees, and contractors, thus being
69made aware of the medical status of a patient. The availability
70of such information to the public would result in the invasion
71of the patient's privacy. If the identity of the patient could
72be correlated with his or her medical information, it would be
73possible for the public to become aware of the diseases or other
74medical concerns for which a patient is being treated. This
75knowledge could be used to embarrass or humiliate a patient or
76to discriminate against him or her. The Legislature further
77finds that it is a public necessity that information that
78identifies the person or entity reporting patient safety data to
79the Florida Patient Safety Corporation or its subsidiaries,
80advisory committees, and contractors be made confidential and
81exempt from public disclosure. Release of such information could
82discourage health care practitioners and health care facilities
83from voluntarily reporting incidents occurring at such
84facilities and could discourage such practitioners and
85facilities from voluntarily submitting patient safety data to
86the corporation and its subsidiaries, advisory committees, and
87contractors. As such, the effective and efficient administration
88of a governmental program would be hindered. The Legislature
89further finds that it is a public necessity that information
90that identifies the health care practitioner or health care
91facility identified in patient safety data reported to the
92Florida Patient Safety Corporation or its subsidiaries, advisory
93committees, and contractors be made confidential and exempt from
94public disclosure. Release of such information could discourage
95health care practitioners and health care facilities from
96voluntarily reporting incidents occurring at such facilities and
97could discourage such practitioners and facilities from
98voluntarily submitting patient safety data to the corporation
99and its subsidiaries, advisory committees, and contractors. As
100such, the effective and efficient administration of a
101governmental program would be hindered. The Legislature


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