CODING: Words stricken are deletions; words underlined are additions.
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 2329
    Amendment No.     (for drafter's use only)
                            CHAMBER ACTION
              Senate                               House
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 5                                           ORIGINAL STAMP BELOW
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11  Representative(s) Edwards and Peaden offered the following:
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13         Amendment (with title amendment) 
14         On page 2, line 24,
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16  insert:
17         Section 1.  Present subsections (6) through (10) of
18  section 394.4615, Florida Statutes, are redesignated as
19  subsections (7) through (11), respectively, and a new
20  subsection (6) is added to that section to read:
21         394.4615  Clinical records; confidentiality.--
22         (6)  Clinical records relating to a Medicaid recipient
23  shall be furnished to the Medicaid Fraud Control Unit in the
24  Department of Legal Affairs, upon request.
25         Section 2.  Paragraph (k) is added to subsection (5) of
26  section 395.3025, Florida Statutes, to read:
27         395.3025  Patient and personnel records; copies;
28  examination.--
29         (4)  Patient records are confidential and must not be
30  disclosed without the consent of the person to whom they
31  pertain, but appropriate disclosure may be made without such
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                                                   HOUSE AMENDMENT
                                                  Bill No. HB 2329
    Amendment No.     (for drafter's use only)
 1  consent to:
 2         (k)  The Medicaid Fraud Control Unit in the Department
 3  of Legal Affairs pursuant to s. 409.920.
 4         Section 3.  Subsection (6) is added to section
 5  400.0077, Florida Statutes, to read:
 6         400.0077  Confidentiality.--
 7         (6)  This section does not limit the subpoena power of
 8  the Attorney General pursuant to s. 409.920(8)(b).
 9         Section 4.  Section 400.494, Florida Statutes, is
10  amended to read:
11         400.494  Information about patients confidential.--
12         (1)  Information about patients received by persons
13  employed by, or providing services to, a home health agency or
14  received by the licensing agency through reports or inspection
15  shall be confidential and exempt from the provisions of s.
16  119.07(1) and shall not be disclosed to any person other than
17  the patient without the written consent of that patient or the
18  patient's guardian.
19         (2)  This section does not apply to information
20  lawfully requested by the Medicaid Fraud Control Unit of the
21  Department of Legal Affairs.
22         Section 5.  Subsection (7) is added to section
23  409.9071, Florida Statutes, to read:
24         409.9071  Medicaid provider agreements for school
25  districts certifying state match.--
26         (7)  The agency's and school districts' confidentiality
27  is waived. They shall provide any information or documents
28  relating to this section to the Medicaid Fraud Control Unit in
29  the Department of Legal Affairs, upon request pursuant to its
30  authority under s. 409.920.
31         Section 6.  Paragraph (b) of subsection (8) of section
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                                                   HOUSE AMENDMENT
                                                  Bill No. HB 2329
    Amendment No.     (for drafter's use only)
 1  409.920, Florida Statutes, is amended to read:
 2         409.920  Medicaid provider fraud.--
 3         (8)  In carrying out the duties and responsibilities
 4  under this subsection, the Attorney General may:
 5         (b)  Subpoena witnesses or materials, including medical
 6  records relating to Medicaid recipients, within or outside the
 7  state and, through any duly designated employee, administer
 8  oaths and affirmations and collect evidence for possible use
 9  in either civil or criminal judicial proceedings.
10         Section 7.  Section 409.9205, Florida Statutes, is
11  amended to read:
12         409.9205  Medicaid Fraud Control Unit; law enforcement
13  officers.--All investigators employed by the Medicaid Fraud
14  Control Unit who have been certified under s. 943.1395 are law
15  enforcement officers of the state.  Such investigators have
16  the authority to conduct criminal investigations, bear arms,
17  make arrests, and apply for, serve, and execute search
18  warrants, arrest warrants, and capias, and other process
19  throughout the state pertaining to Medicaid fraud as described
20  in this chapter.  The Attorney General shall provide
21  reasonable notice of criminal investigations conducted by the
22  Medicaid Fraud Control Unit to, and coordinate those
23  investigations with, the sheriffs of the respective counties.
24  Investigators employed by the Medicaid Fraud Control Unit are
25  not eligible for membership in the Special Risk Class of the
26  Florida Retirement System under s. 121.0515.
27         Section 8.  Section 430.608, Florida Statutes, is
28  amended to read:
29         430.608  Confidentiality of information.--Identifying
30  information about elderly persons who receive services under
31  ss. 430.601-430.606, which is received through files, reports,
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                                                   HOUSE AMENDMENT
                                                  Bill No. HB 2329
    Amendment No.     (for drafter's use only)
 1  inspection, or otherwise by the department or by authorized
 2  departmental employees, by persons who volunteer services, or
 3  by persons who provide services to elderly persons under ss.
 4  430.601-430.606 through contracts with the department, is
 5  confidential and exempt from the provisions of s. 119.07(1)
 6  and s. 24(a), Art. I of the State Constitution. Such
 7  information may not be disclosed publicly in such a manner as
 8  to identify an elderly person, unless that person or the
 9  person's legal guardian provides written consent.
10         (2)  This section does not, however, limit the subpoena
11  authority of the Medicaid Fraud Control Unit of the Department
12  of Legal Affairs pursuant to s. 409.920(8)(b).
13         Section 9.  Subsection (8) of subsection 455.667,
14  Florida Statutes, is amended to read:
15         455.667  Ownership and control of patient records;
16  report or copies of records to be furnished.--
17         (8)(a)  All patient records obtained by the department
18  and any other documents maintained by the department which
19  identify the patient by name are confidential and exempt from
20  s. 119.07(1) and shall be used solely for the purpose of the
21  department and the appropriate regulatory board in its
22  investigation, prosecution, and appeal of disciplinary
23  proceedings. The records shall not be available to the public
24  as part of the record of investigation for and prosecution in
25  disciplinary proceedings made available to the public by the
26  department or the appropriate board.
27         (b)  Notwithstanding paragraph (a), all patient records
28  obtained by the department and any other documents maintained
29  by the department which relate to a current or former Medicaid
30  recipient shall be provided to the Medicaid Fraud Control Unit
31  in the Department of Legal Affairs, upon request.
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                                                   HOUSE AMENDMENT
                                                  Bill No. HB 2329
    Amendment No.     (for drafter's use only)
 1  ================ T I T L E   A M E N D M E N T ===============
 2  And the title is amended as follows:
 3         On page 1, line 2,
 4
 5  after the semicolon insert:
 6         amending s. 394.4615, F.S.; requiring that
 7         clinical records be furnished to the unit upon
 8         request; amending s. 395.3025, F.S.; allowing
 9         patient records to be furnished to the unit;
10         amending s. 400.0077, F.S.; providing that
11         certain confidentiality provisions do not limit
12         the subpoena power of the Attorney General;
13         amending s. 400.494, F.S.; providing that
14         certain confidentiality provisions relating to
15         home health agencies do not apply to
16         information requested by the unit; amending s.
17         409.9071, F.S.; waiving confidentiality and
18         requiring that certain information regarding
19         Medicaid provider agreements with school
20         districts be provided to the unit; amending s.
21         409.920, F.S.; clarifying the Attorney
22         General's power to subpoena medical records
23         relating to Medicaid recipients; amending s.
24         409.9205, F.S.; authorizing investigators
25         employed by the unit to serve process; amending
26         s. 430.608, F.S.; providing that certain
27         confidentiality provisions pertaining to the
28         Department of Elderly Affairs do not limit the
29         subpoena authority of the unit; amending s.
30         455.667, F.S.; providing that certain
31         confidential records held by the Department of
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                                                   HOUSE AMENDMENT
                                                  Bill No. HB 2329
    Amendment No.     (for drafter's use only)
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