Florida Senate - 2019                          SENATOR AMENDMENT
       Bill No. CS for SB 1700
       
       
       
       
       
       
                                Ì115626-Î115626                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                 Floor: NC/2R          .                                
             05/02/2019 11:39 AM       .                                
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       Senator Lee moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Present paragraphs (f) through (k) of subsection
    6  (1) of section 893.055, Florida Statutes, are redesignated as
    7  paragraphs (g) through (l), respectively, present paragraph (b)
    8  of subsection (2) is redesignated as paragraph (c), a new
    9  paragraph (f) is added to subsection (1) and a new paragraph (b)
   10  is added to subsection (2) of that section, and paragraph (b) of
   11  subsection (5) and subsection (10) are amended, to read:
   12         893.055 Prescription drug monitoring program.—
   13         (1) As used in this section, the term:
   14         (f)“Electronic health recordkeeping system” means an
   15  electronic or computer-based information system used by health
   16  care practitioners or providers to create, collect, store,
   17  manipulate, exchange, or make available personal health
   18  information for the delivery of patient care.
   19         (2)
   20         (b)To protect personally identifiable information, the
   21  department shall assign a unique identifier to each patient for
   22  whom a record exists in the system. Such identifier may not
   23  identify or provide a reasonable basis to identify a patient by
   24  any person not authorized under this section to access
   25  personally identifiable information in the system.
   26         (5) The following entities may not directly access
   27  information in the system, but may request information from the
   28  program manager or designated program and support staff:
   29         (b) The Attorney General for:
   30         1. Medicaid fraud cases involving prescribed controlled
   31  substances.
   32         2.An active investigation or pending civil or criminal
   33  litigation involving prescribed controlled substances, other
   34  than Medicaid fraud cases, upon the granting of a petition or
   35  motion by a trial court which specifically identifies the active
   36  or pending matter. The Attorney General shall ensure that
   37  information obtained under this subparagraph is not used for any
   38  purpose other than the specific matter stated in the petition or
   39  motion. Notice to any party regarding such petition or motion is
   40  not required, except in cases of pending civil litigation. The
   41  trial court shall grant the petition or motion and authorize
   42  release of information when the information appears reasonably
   43  calculated to lead to the discovery of admissible evidence. The
   44  department may not release any patient information pursuant to
   45  this subparagraph other than the patient’s unique identifier
   46  assigned pursuant to paragraph (2)(b), year of birth, and the
   47  county, city, and zip code where the patient resides, consistent
   48  with the provisions of the Health Insurance Portability and
   49  Accountability Act of 1996 and its implementing regulations. The
   50  Attorney General shall maintain a log of each person with whom
   51  the information is shared to document the chain of custody,
   52  execute a confidentiality agreement or an agreement bound by a
   53  protective order with each such person, ensure that the
   54  information is maintained in a secure manner, and require each
   55  such person to return all information or certify its destruction
   56  under penalty of perjury to the Attorney General upon the final
   57  resolution of the matter for which the information was
   58  requested.
   59         (10) Information in the prescription drug monitoring
   60  program’s system may be released only as provided in this
   61  section and s. 893.0551.
   62         (a)Except as provided in paragraph (b), the content of the
   63  system is intended to be informational only. Information in the
   64  system is not subject to discovery or introduction into evidence
   65  in any civil or administrative action against a prescriber,
   66  dispenser, pharmacy, or patient arising out of matters that are
   67  the subject of information in the system. The program manager
   68  and authorized persons who participate in preparing, reviewing,
   69  issuing, or any other activity related to management of the
   70  system may not be permitted or required to testify in any such
   71  civil or administrative action as to any findings,
   72  recommendations, evaluations, opinions, or other actions taken
   73  in connection with management of the system.
   74         (b)The Attorney General may introduce information from the
   75  system released pursuant to subparagraph (5)(b)2. as evidence in
   76  a civil, criminal, or administrative action against a dispenser,
   77  manufacturer, or a pharmacy. The program manager and authorized
   78  persons who participate in preparing, reviewing, issuing, or any
   79  other activity related to the management of the system may
   80  testify for purposes of authenticating the records introduced
   81  into evidence pursuant to this paragraph.
   82         Section 2. Paragraph (e) of subsection (3) and subsection
   83  (6) of section 893.0551, Florida Statutes, are amended to read:
   84         893.0551 Public records exemption for the prescription drug
   85  monitoring program.—
   86         (3) The department shall disclose such information to the
   87  following persons or entities upon request and after using a
   88  verification process to ensure the legitimacy of the request as
   89  provided in s. 893.055:
   90         (e) The Attorney General or his or her designee:
   91         1. When working on Medicaid fraud cases involving
   92  prescribed controlled substances or when the Attorney General
   93  has initiated a review of specific identifiers of Medicaid fraud
   94  or specific identifiers that warrant a Medicaid investigation
   95  regarding prescribed controlled substances. The Attorney
   96  General’s Medicaid fraud investigators may not have direct
   97  access to the department’s system. The Attorney General or his
   98  or her designee may disclose to a criminal justice agency, as
   99  defined in s. 119.011, only the information received from the
  100  department that is relevant to an identified active
  101  investigation that prompted the request for the information.
  102         2.Upon a court order authorizing the release of patient
  103  information under s. 893.055(5)(b)2.
  104         (6) An agency or person who obtains any information
  105  pursuant to this section must maintain the confidential and
  106  exempt status of that information and may not disclose such
  107  information unless authorized by law. Information shared with a
  108  state attorney pursuant to paragraph (3)(f), or paragraph
  109  (3)(h), or with the Attorney General or his or her designee
  110  pursuant to subparagraph (3)(e)2. may be released only in
  111  response to a discovery demand if such information is directly
  112  related to the criminal case for which the information was
  113  requested. Unrelated information may be released only upon an
  114  order of a court of competent jurisdiction.
  115         Section 3. The amendments to ss. 893.055 and 893.0551,
  116  Florida Statutes, made by this act shall stand repealed on June
  117  30, 2021, unless reviewed and saved from repeal through
  118  reenactment by the Legislature. If such amendments are not saved
  119  from repeal, the text of ss. 893.055 and 893.0551, Florida
  120  Statutes, shall revert to that in existence on June 30, 2019,
  121  except that any amendments to such text other than by this act
  122  shall be preserved and continue to operate to the extent that
  123  such amendments are not dependent upon the portions of text
  124  which expire pursuant to this section.
  125         Section 4. This act shall take effect July 1, 2019.
  126  
  127  ================= T I T L E  A M E N D M E N T ================
  128  And the title is amended as follows:
  129         Delete everything before the enacting clause
  130  and insert:
  131                        A bill to be entitled                      
  132         An act relating to the prescription drug monitoring
  133         program; amending s. 893.055, F.S.; defining the term
  134         “electronic health recordkeeping system”; requiring
  135         the Department of Health to assign a unique identifier
  136         to each patient in the system; prohibiting the unique
  137         identifier from identifying or providing a basis for
  138         identification by unauthorized individuals;
  139         authorizing the Attorney General to request
  140         information for an active investigation or pending
  141         civil or criminal litigation involving prescribed
  142         controlled substances; requiring such information to
  143         be released upon the granting of a petition or motion
  144         by a trial court; providing exceptions; requiring a
  145         trial court to grant a petition or motion under
  146         certain circumstances; limiting the patient
  147         information the department may provide; authorizing
  148         the Attorney General to introduce as evidence in
  149         certain actions specified information that is released
  150         to the Attorney General from the prescription drug
  151         monitoring program; authorizing certain persons to
  152         testify as to the authenticity of certain records;
  153         amending s. 893.0551, F.S.; authorizing the Attorney
  154         General to have access to records when ordered by a
  155         court under specified provisions; providing for future
  156         repeal of amendments unless reviewed and saved from
  157         repeal through reenactment by the Legislature;
  158         providing for effect of amendments by other
  159         provisions; providing an effective date.