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House Bill 0757c1




    Florida House of Representatives - 1997              CS/HB 757

        By the Committee on Health Care Standards & Regulatory
    Reform and Representative Geller





  1                      A bill to be entitled

  2         An act relating to public records; providing an

  3         exemption from public records requirements for

  4         information about patients of home medical

  5         equipment providers which is obtained by

  6         employees or service providers or the licensing

  7         agency; providing an exemption from public

  8         records requirements for information obtained

  9         by the Agency for Health Care Administration or

10         a home medical equipment provider in connection

11         with background screening of prospective

12         employees of the provider; providing for future

13         review and repeal; providing findings of public

14         necessity; providing a contingent effective

15         date.

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17  Be It Enacted by the Legislature of the State of Florida:

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19         Section 1.  Information about patients of a home

20  medical equipment provider which is received by persons

21  employed by, or providing services to, a home medical

22  equipment provider or which is received by the licensing

23  agency through reports or inspection, is confidential and

24  exempt from the provisions of s. 119.07(1), Florida Statutes,

25  and s. 24(a), Art. I of the State Constitution. This section

26  is subject to the Open Government Sunset Review Act of 1995 in

27  accordance with s. 119.15, Florida Statutes, and shall stand

28  repealed on October 2, 2002, unless reviewed and saved from

29  repeal through reenactment by the Legislature.

30         Section 2.  The public necessity that justifies the

31  exemption provided in section 1 of this act is the

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    Florida House of Representatives - 1997              CS/HB 757

    601-112-97






  1  individual's right to privacy under the State Constitution and

  2  the United States Constitution.

  3         Section 3.  Information that is obtained by the Agency

  4  for Health Care Administration or by a home medical equipment

  5  provider in connection with background screening requirements

  6  that apply to a prospective employee of a home medical

  7  equipment provider is confidential and exempt from the

  8  provisions of s. 119.07(1), Florida Statutes, and s. 24(a),

  9  Art. I of the State Constitution. This section is subject to

10  the Open Government Sunset Review Act of 1995 in accordance

11  with s. 119.15, Florida Statutes, and shall stand repealed on

12  October 2, 2002, unless reviewed and saved from repeal through

13  reenactment by the Legislature.

14         Section 4.  The public necessity that justifies the

15  exemption from the public records provisions which is provided

16  under section 3 of this act is that the health and safety of

17  the public necessitates having available applicants for

18  positions as home medical equipment provider personnel, and

19  allowing such information concerning applicants to be

20  disseminated would have a chilling effect upon the willingness

21  to apply for such positions on the part of any person about

22  whom there is information of past misbehavior contained in

23  juvenile records or criminal records or in the central abuse

24  registry, even if the person were fully rehabilitated and

25  would be a suitable employee.

26         Section 5.  This act shall take effect upon the

27  effective date of House Bill 759 or similar legislation

28  creating the Home Medical Equipment Provider Licensure Act.

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