Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. CS for SB 818
       
       
       
       
       
       
                                Barcode 409282                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/22/2011           .                                
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       The Committee on Criminal Justice (Dockery) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 1665 - 1670
    4  and insert:
    5         Section 22. Paragraph (a) of subsection (3) of section
    6  893.0551, Florida Statutes, is amended, present subsections (4),
    7  (5), (6), and (7) of that section are redesignated as
    8  subsections (5), (6), (7), and (8), respectively, and a new
    9  subsection (4) is added to that section, to read:
   10         893.0551 Public records exemption for the prescription drug
   11  monitoring program.—
   12         (3) The department shall disclose such confidential and
   13  exempt information to the following entities after using a
   14  verification process to ensure the legitimacy of that person’s
   15  or entity’s request for the information:
   16         (a) The Attorney General and his or her designee when
   17  working on Medicaid fraud cases and Medicaid investigations
   18  involving prescribed controlled substances prescription drugs or
   19  when the Attorney General has initiated a review of specific
   20  identifiers of Medicaid fraud or specific identifiers that
   21  warrant a Medicaid investigation regarding prescribed controlled
   22  substances prescription drugs. The Attorney General or his or
   23  her designee may disclose the confidential and exempt
   24  information received from the department to a criminal justice
   25  agency as defined in s. 119.011 as part of an active
   26  investigation that is specific to a violation of prescription
   27  drug abuse or prescription drug diversion law as it relates to
   28  controlled substances. The Attorney General’s Medicaid fraud
   29  investigators and Medicaid investigators may not have direct
   30  access to the department’s database.
   31  
   32  ================= T I T L E  A M E N D M E N T ================
   33         And the title is amended as follows:
   34         Delete line 173
   35  and insert:
   36         893.0551, F.S.; requiring the Department of Health to
   37         disclose confidential and exempt information
   38         pertaining to the prescription drug monitoring program
   39         to the Attorney General and designee when working on
   40         Medicaid fraud cases and Medicaid investigations
   41         involving prescribed controlled substances or when the
   42         Attorney General has initiated a review of specific
   43         identifiers that warrant a Medicaid investigation
   44         regarding prescribed controlled substances;
   45         prohibiting the Attorney General’s Medicaid
   46         investigators from direct access to the prescription
   47         drug monitoring program’s database; authorizing the
   48         Department of Health