Florida Senate - 2013                          SENATOR AMENDMENT
       Bill No. SB 1792
       
       
       
       
       
       
                                Barcode 683406                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 3/AD/2R         .                                
             04/10/2013 05:03 PM       .                                
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       Senator Flores moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 222 - 369
    4  and insert:
    5         5. Interviews of treating health care providers.—A
    6  prospective defendant or his or her legal representative may
    7  interview the claimant’s treating health care providers
    8  consistent with the authorization for release of protected
    9  health information. This subparagraph does not require a
   10  claimant’s treating health care provider to submit to a request
   11  for an interview. Notice of the intent to conduct an interview
   12  shall be provided to the claimant or the claimant’s legal
   13  representative, who shall be responsible for arranging a
   14  mutually convenient date, time and location for the interview
   15  within 15 days after the request is made. For subsequent
   16  interviews, the prospective defendant or his or her
   17  representative shall notify the claimant and his or her legal
   18  representative at least 72 hours before the subsequent
   19  interview. If the claimant’s attorney fails to schedule an
   20  interview, the prospective defendant or his or her legal
   21  representative may attempt to conduct an interview without
   22  further notice to the claimant or the claimant’s legal
   23  representative.
   24         6.5. Unsworn statements of treating health care providers.
   25  A prospective defendant or his or her legal representative may
   26  also take unsworn statements of the claimant’s treating health
   27  care providers. The statements must be limited to those areas
   28  that are potentially relevant to the claim of personal injury or
   29  wrongful death. Subject to the procedural requirements of
   30  subparagraph 1., a prospective defendant may take unsworn
   31  statements from a claimant’s treating physicians. Reasonable
   32  notice and opportunity to be heard must be given to the claimant
   33  or the claimant’s legal representative before taking unsworn
   34  statements. The claimant or claimant’s legal representative has
   35  the right to attend the taking of such unsworn statements.
   36         Section 4. Subsection (3) of section 766.1065, Florida
   37  Statutes, is amended to read:
   38         766.1065 Authorization for release of protected health
   39  information.—
   40         (3) The authorization required by this section shall be in
   41  the following form and shall be construed in accordance with the
   42  “Standards for Privacy of Individually Identifiable Health
   43  Information” in 45 C.F.R. parts 160 and 164:
   44  
   45                    AUTHORIZATION FOR RELEASE OF                   
   46                    PROTECTED HEALTH INFORMATION                   
   47  
   48         A. I, (...Name of patient or authorized
   49         representative...) [hereinafter “Patient”], authorize
   50         that (...Name of health care provider to whom the
   51         presuit notice is directed...) and his/her/its
   52         insurer(s), self-insurer(s), and attorney(s), and the
   53         designated treating health care provider(s) listed
   54         below and his/her/its insurer(s), self-insurer(s), and
   55         attorney(s) may obtain and disclose (within the
   56         parameters set out below) the protected health
   57         information described below for the following specific
   58         purposes:
   59         1. Facilitating the investigation and evaluation
   60         of the medical negligence claim described in the
   61         accompanying presuit notice; or
   62         2. Defending against any litigation arising out
   63         of the medical negligence claim made on the basis of
   64         the accompanying presuit notice; or.
   65         3. Obtaining legal advice or representation
   66         arising out of the medical negligence claim described
   67         in the accompanying presuit notice.
   68         B. The health information obtained, used, or
   69         disclosed extends to, and includes, the verbal health
   70         information as well as the written health information
   71         and is described as follows:
   72         1. The health information in the custody of the
   73         following health care providers who have examined,
   74         evaluated, or treated the Patient in connection with
   75         injuries complained of after the alleged act of
   76         negligence: (List the name and current address of all
   77         health care providers). This authorization extends to
   78         any additional health care providers that may in the
   79         future evaluate, examine, or treat the Patient for the
   80         injuries complained of.
   81         2. The health information in the custody of the
   82         following health care providers who have examined,
   83         evaluated, or treated the Patient during a period
   84         commencing 2 years before the incident that is the
   85         basis of the accompanying presuit notice.
   86  
   87         (List the name and current address of such health care
   88         providers, if applicable.)
   89  
   90         C. This authorization does not apply to the
   91         following list of health care providers possessing
   92         health care information about the Patient because the
   93         Patient certifies that such health care information is
   94         not potentially relevant to the claim of personal
   95         injury or wrongful death that is the basis of the
   96         accompanying presuit notice.
   97  
   98         (List the name of each health care provider to whom
   99         this authorization does not apply and the inclusive
  100         dates of examination, evaluation, or treatment to be
  101         withheld from disclosure. If none, specify “none.”)
  102  
  103         D. The persons or class of persons to whom the
  104         Patient authorizes such health information to be
  105         disclosed or by whom such health information is to be
  106         used:
  107         1. Any health care provider providing care or
  108         treatment for the Patient.
  109         2. Any liability insurer or self-insurer
  110         providing liability insurance coverage, self
  111         insurance, or defense to any health care provider to
  112         whom presuit notice is given, or to any health care
  113         provider listed in subsections B.1.-2. above,
  114         regarding the care and treatment of the Patient.
  115         3. Any consulting or testifying expert employed
  116         by or on behalf of (name of health care provider to
  117         whom presuit notice was given) and his/her/its
  118         insurer(s), self-insurer(s), or attorney(s) regarding
  119         the matter of the presuit notice accompanying this
  120         authorization.
  121         4. Any attorney (including his/her secretarial,
  122         clerical, or paralegal staff) employed by or on behalf
  123         of (name of health care provider to whom presuit
  124         notice was given) or employed by or on behalf of any
  125         health care provider(s) listed in subsections B.1.-2.
  126         above, regarding the matter of the presuit notice
  127         accompanying this authorization or the care and
  128         treatment of the Patient.
  129         5. Any trier of the law or facts relating to any
  130         suit filed seeking damages arising out of the medical
  131         care or treatment of the Patient.
  132         E. This authorization expressly allows the
  133         persons or class of persons listed in subsections
  134         D.2.-4. above to interview the health care providers
  135         listed in subsections B.1.-2. above, without the
  136         presence of the Patient or the Patient’s attorney.
  137         F.E. This authorization expires upon resolution of the
  138  claim or at the conclusion of any litigation instituted in
  139  connection with the matter of the presuit notice accompanying
  140  this authorization, whichever occurs first.
  141         G.F. The Patient understands that, without exception, the
  142  Patient has the right to revoke this authorization in writing.
  143  The Patient further understands that the consequence of any such
  144  revocation is that the presuit notice under s. 766.106(2),
  145  Florida Statutes, is deemed retroactively void from the date of
  146  issuance, and any tolling effect that the presuit notice may
  147  have had on any applicable statute-of-limitations period is
  148  retroactively rendered void.
  149         H.G. The Patient understands that signing this
  150  authorization is not a condition for continued treatment,
  151  payment, enrollment, or eligibility for health plan benefits.
  152         I.H. The Patient understands that information used or
  153  disclosed under this authorization may be subject to additional
  154  disclosure by the recipient and may not be protected by federal
  155  HIPAA privacy regulations.
  156  
  157         Signature of Patient/Representative: ....
  158         Date: ....
  159         Name of Patient/Representative: ....
  160  Description of Representative’s Authority: ....
  161  
  162  ================= T I T L E  A M E N D M E N T ================
  163         And the title is amended as follows:
  164         Delete lines 27 - 39
  165  and insert:
  166         defendant may conduct an interview with a claimant’s
  167         treating health care provider as a tool of informal
  168         discovery; amending s. 766.1065, F.S.; revising the
  169         form for the authorization of release of protected
  170         health information; providing for the release of
  171         protected health information to certain treating
  172         health care providers, insurers, and attorneys;
  173         authorizing a treating health care provider, insurer,
  174         or attorney to use protected health information in
  175         connection with legal services relating to a medical
  176         negligence claim; authorizing certain individuals and
  177         entities to conduct interviews with the claimant’s
  178         health care providers;