House Bill 2121

    Florida House of Representatives - 1999                HB 2121

        By the Committee on Elder Affairs & Long-Term Care and
    Representative Argenziano





  1                      A bill to be entitled

  2         An act relating to public records; creating s.

  3         400.1185, F.S.; providing an exemption from

  4         public records requirements for information

  5         contained in records of nursing home

  6         quality-of-care monitors; providing for review

  7         and repeal; providing a statement of public

  8         necessity; providing a contingent effective

  9         date.

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

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13         Section 1.  Section 400.1185, Florida Statutes, is

14  created to read:

15         400.1185  Access to records of nursing home

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

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

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

19  400.118(2), except for specific exclusions provided in s.

20  400.118(2)(b) and (c) pertaining to the reporting by a

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

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

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

24  Constitution. This section is subject to the Open Government

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

26  shall stand repealed on October 2, 2004, unless reviewed and

27  saved from repeal through reenactment by the Legislature.

28         Section 2.  The Legislature finds that the health and

29  safety of persons residing in nursing home facilities

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

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

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CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1999                HB 2121

    173-963-99






  1  licenseholders of such facilities be assured that information

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

  3  assurance will benefit the public because persons who are

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

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

  6  essential, accurate information. In particular, family

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

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

  9  care ombudsman councils and human rights advocacy committees

10  may be encouraged to share information that otherwise they may

11  withhold for fear that their relative, friend, or

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

13  experience intimidation, retaliation, or retribution if it

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

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

16  recommendation. The Legislature further finds that the

17  exemption from the public records law provided for in section

18  1 is a public necessity because failure to protect the

19  confidentiality of information collected by the agency

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

21  collection and reporting of this information to the agency.

22  The public disclosure of sensitive information concerning

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

24  reluctance on the part of residents and staff of nursing

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

26  which may serve as a basis for identifying and improving

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

28  safety violations.

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

30  that House Bill 1971 or similar legislation creating s.

31  400.118, Florida Statutes, relating to the nursing home

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    Florida House of Representatives - 1999                HB 2121

    173-963-99






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

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

  3  extension thereof.

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  6                          HOUSE SUMMARY

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      Provides an exemption from public records requirements
  8    for information contained in records of nursing home
      quality-of-care monitors. Provides for future review and
  9    repeal.

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