Senate Bill 0674e1

    SB 674                                         First Engrossed



  1                      A bill to be entitled

  2         An act relating to public records; providing an

  3         exemption from public records requirements for

  4         medical and other personal information about

  5         patients of home medical equipment providers

  6         which is obtained by the licensing agency;

  7         providing for future review and repeal;

  8         providing findings of public necessity;

  9         providing a contingent effective date.

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

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13         Section 1.  Medical and other personal information

14  about patients of a home medical equipment provider which is

15  received by the licensing agency through reports or inspection

16  is confidential and exempt from the provisions of section

17  119.07(1), Florida Statutes, and section 24(a), Article I of

18  the State Constitution. This section is subject to the Open

19  Government Sunset Review Act of 1995 in accordance with

20  section 119.15, Florida Statutes, and shall stand repealed on

21  October 2, 2004, unless reviewed and saved from repeal through

22  reenactment by the Legislature.

23         Section 2.  The Legislature finds that exempting

24  medical and other personal information related to patients of

25  home medical equipment providers from public records law

26  requirements is a public necessity, in that the harm caused by

27  the release of such personal and sensitive information

28  outweighs any public benefit derived from releasing such

29  information. The patients of home medical equipment providers

30  need assurances that the medical and other information of a

31  sensitive personal nature they share with the providers will


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






    SB 674                                         First Engrossed



  1  be held in confidence by the licensing agency in order for the

  2  patients to provide essential, accurate information about

  3  themselves related to home medical equipment. The public

  4  disclosure of such information would lead to a reluctance on

  5  the part of patients to provide accurate information which

  6  would result in an adverse impact on their health.

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

  8  that House Bill 247 or similar legislation creating part X of

  9  chapter 400, Florida Statutes, requiring licensure of home

10  medical equipment providers, takes effect, if such legislation

11  is adopted in the same legislative session or an extension

12  thereof.

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