Senate Bill 0674

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



    Florida Senate - 1999                                   SB 674

    By Senator Brown-Waite





    10-511-99

  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 section 119.07(1), Florida

25  Statutes, and Section 24(a), Article I of the State

26  Constitution. This section is subject to the Open Government

27  Sunset Review Act of 1995 in accordance with section 119.15,

28  Florida Statutes, and shall stand repealed on October 2, 2004,

29  unless reviewed and saved from repeal through reenactment by

30  the Legislature.

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






    Florida Senate - 1999                                   SB 674
    10-511-99




  1         Section 2.  The Legislature finds that exempting

  2  information related to patients of home medical equipment

  3  providers from the public records law requirements is a public

  4  necessity in that the harm caused by the release of such

  5  personal and sensitive information, which usually includes

  6  medical information, outweighs any public benefit derived from

  7  releasing such information.

  8         Section 3.  Information that is obtained by the Agency

  9  for Health Care Administration or by a home medical equipment

10  provider in connection with background screening requirements

11  that apply to a prospective employee of a home medical

12  equipment provider is confidential and exempt from the

13  provisions of section 119.07(1), Florida Statutes, and Section

14  24(a), Article I of the State Constitution. This section is

15  subject to the Open Government Sunset Review Act of 1995 in

16  accordance with section 119.15, Florida Statutes, and shall

17  stand repealed on October 2, 2004, unless reviewed and saved

18  from repeal through reenactment by the Legislature.

19         Section 4.  The Legislature finds that exempting

20  background screening information related to employees of home

21  medical equipment providers from the public records law

22  requirements is a public necessity in that the health and

23  safety of the public necessitates having available applicants

24  for positions as home medical equipment provider personnel,

25  and allowing such information concerning applicants to be

26  disseminated would have a chilling effect upon the willingness

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

28  whom there is information of past misbehavior contained in

29  juvenile records or criminal records or in the central abuse

30  registry, even if the person were fully rehabilitated and

31  would be a suitable employee.

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






    Florida Senate - 1999                                   SB 674
    10-511-99




  1         Section 5.  This act shall take effect on the same date

  2  that Senate Bill 276 or similar legislation providing for the

  3  licensure of home medical equipment providers takes effect, if

  4  such legislation is adopted in the same legislative session or

  5  an extension thereof.

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  8                          SENATE SUMMARY

  9    Provides an exemption from public records requirements
      for information about patients of home medical equipment
10    providers which is obtained by employees or service
      providers or the licensing agency. Provides an exemption
11    from public records requirements for information obtained
      by the Agency for Health Care Administration or a home
12    medical equipment provider in connection with background
      screening of prospective employees of the provider.
13    Provides for future review and repeal. Provides findings
      of public necessity.
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