SENATE AMENDMENT

    Bill No. SB 1980

    Amendment No.    

                            CHAMBER ACTION
              Senate                               House
                                   .
                                   .
 1                                 .
                                   .
 2                                 .
                                   .
 3                                 .
                                   .
 4                                                                

 5

 6

 7

 8

 9

10                                                                

11  Senator Brown-Waite moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         Delete everything after the enacting clause

15

16  and insert:

17         Section 1.  Section 400.1185, Florida Statutes, is

18  created to read:

19         400.1185  Access to records of nursing home

20  quality-of-care monitors; confidentiality.--The information

21  contained in any agency record of a quality-of-care monitoring

22  visit to a nursing home facility as required under s.

23  400.118(2), except for specific exclusions provided in s.

24  400.118(2)(b) and (c) pertaining to the reporting by a

25  quality-of-care monitor of conditions which threaten the

26  health or safety of a resident, is confidential and exempt

27  from s. 119.07(1) and s. 24(a), Art. I of the State

28  Constitution. This section is subject to the Open Government

29  Sunset Review Act of 1995 in accordance with s. 119.15, and

30  shall stand repealed on October 2, 2004, unless reviewed and

31  saved from repeal through reenactment by the Legislature.

                                  1
    12:49 PM   04/30/99                               s1980c-1010b




                                                  SENATE AMENDMENT

    Bill No. SB 1980

    Amendment No.    





 1         Section 2.  The Legislature finds that the health and

 2  safety of persons residing in nursing home facilities

 3  necessitates that agency quality-of-care monitors have access

 4  to all areas of resident care and that residents, staff, and

 5  licenseholders of such facilities be assured that information

 6  they provide is secure and will be held in confidence. Such

 7  assurance will benefit the public because persons who are

 8  interviewed by, or who provide information by other means to,

 9  the quality-of-care monitors will be encouraged to provide

10  essential, accurate information. In particular, family

11  members, guardians, guests of residents, facility volunteers,

12  other regulatory staff, and representatives of the long-term

13  care ombudsman councils and human rights advocacy committees

14  may be encouraged to share information that otherwise they may

15  withhold for fear that their relative, friend, or

16  acquaintance, who is a resident in the monitored facility, may

17  experience intimidation, retaliation, or retribution if it

18  were readily known that they were the source of information on

19  which a quality-of-care monitor based an adverse finding or

20  recommendation. The Legislature further finds that the

21  exemption from the public records law provided for in section

22  1 is a public necessity because failure to protect the

23  confidentiality of information collected by the agency

24  pursuant to s. 400.118, Florida Statutes, would deter the

25  collection and reporting of this information to the agency.

26  The public disclosure of sensitive information concerning

27  residents of nursing facilities and their care would lead to a

28  reluctance on the part of residents and staff of nursing

29  facilities, as well as others, to provide accurate information

30  which may serve as a basis for identifying and improving

31  quality-of-care concerns before they develop into health or

                                  2
    12:49 PM   04/30/99                               s1980c-1010b




                                                  SENATE AMENDMENT

    Bill No. SB 1980

    Amendment No.    





 1  safety violations.

 2         Section 3.  This act shall take effect on the same date

 3  that House Bill 1971 or similar legislation creating s.

 4  400.118, Florida Statutes, relating to the nursing home

 5  quality-of-care monitoring program, takes effect, if such

 6  legislation is adopted in the same legislative session, or an

 7  extension thereof.

 8

 9

10  ================ T I T L E   A M E N D M E N T ===============

11  And the title is amended as follows:

12         Delete everything before the enacting clause

13

14  and insert:

15                      A bill to be entitled

16         An act relating to public records; creating s.

17         400.1185, F.S.; providing an exemption from

18         public records requirements for information

19         contained in records of nursing home

20         quality-of-care monitors; providing for review

21         and repeal; providing a statement of public

22         necessity; providing a contingent effective

23         date.

24

25

26

27

28

29

30

31

                                  3
    12:49 PM   04/30/99                               s1980c-1010b