Senate Bill sb1734e1

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    CS for SB 1734                                 First Engrossed



  1                      A bill to be entitled

  2         An act relating to public records; creating s.

  3         627.3111, F.S.; providing an exemption from

  4         public records requirements for personal

  5         identifying information contained in financial

  6         records, patient records, and other medical

  7         records, as well as bank account numbers,

  8         debit, charge, and credit card numbers, held by

  9         the Department of Insurance; providing for

10         future review and repeal; providing a finding

11         of public necessity; creating ss. 458.353 and

12         459.028, F.S.; providing exemptions from public

13         records requirements for information contained

14         in reports made by physicians and osteopathic

15         physicians of adverse incidents occurring in

16         office practice settings; providing for future

17         review and repeal; providing findings of public

18         necessity; providing an effective date.

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

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22         Section 1.  Section 627.3111, Florida Statutes, is

23  created to read:

24         627.3111  Public records exemption.--All bank account

25  numbers, and debit, charge, and credit card numbers; and, all

26  personal identifying information contained in financial

27  records, patient records, and other individual health records,

28  held by the Department of Insurance, or its service providers,

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

30  Constitution.  The department, however, shall release such

31  information to any local, state, or federal law enforcement


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  1  agency as is necessary for the performance of such agency's

  2  official duties and responsibilities, and in addition, this

  3  exemption does not apply to any information regarding an

  4  insured or other person who is the subject of a criminal

  5  investigation. This exemption is subject to the Open

  6  Government Sunset Review Act of 1995 in accordance with s.

  7  119.15 and expires on October 2, 2006, unless reviewed and

  8  reenacted by the Legislature. 

  9         Section 2.  The Legislature finds that it is a public

10  necessity that bank account numbers, debit, charge, and credit

11  card numbers; and, personal identifying information contained

12  in financial records, held by the Department of Insurance or

13  its service providers be made exempt from public disclosure,

14  except as otherwise provided in this act, in order to protect

15  the financial interests of those persons about whom that

16  information pertains.  Without the exemption, a person could

17  use that information to gain access to highly sensitive,

18  personal financial data that is not his or hers.  In addition,

19  this information could easily be used for fraudulent and other

20  illegal purposes, including identify theft, and could result

21  in substantial financial harm.  Accordingly, such information

22  is traditionally not disclosed to the public, as is evidenced

23  throughout the Florida Statutes.  Furthermore, every person

24  has an expectation of and a right to privacy in all matters

25  concerning his or her personal financial matters.  The

26  Legislature further finds that it is a public necessity that

27  personal identifying information contained in patient records

28  and other individual health records held by the Department of

29  Insurance or its service providers be held exempt from public

30  disclosure, except as otherwise provided in the act, because

31  of the sensitive personal nature of such medical information.


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    CS for SB 1734                                 First Engrossed



  1  Matters of personal health are traditionally private concerns

  2  between the patient and the health care provider, which

  3  pervades both the public and private health care sectors. Such

  4  information should not be open to public disclosure just

  5  because the records come into the possession of a public

  6  entity.  Disclosure of such information could cause

  7  unwarranted damage to the good name or reputation of such

  8  individuals and could actually jeopardize their health and

  9  safety.

10         Section 3.  Section 458.353, Florida Statutes, is

11  created to read:

12         458.353  Notification of adverse incident; public

13  records exemption.--The information contained in the

14  notification of an adverse incident, which is required under

15  s. 458.351 and provided to the department by a physician

16  licensed under this chapter, is confidential and exempt from

17  s. 119.07(1) and s. 24(a), Art. I of the State Constitution.

18  The information may not be made available to the public as

19  part of the record of investigation or prosecution in a

20  disciplinary proceeding. This section is subject to the Open

21  Government Sunset Review Act of 1995 in accordance with s.

22  119.15 and shall stand repealed October 2, 2006, unless

23  reviewed and saved from repeal through reenactment by the

24  Legislature.

25         Section 4.  Section 459.028, Florida Statutes, is

26  created to read:

27         459.028  Notification of adverse incident; public

28  records exemption.--The information contained in the

29  notification of an adverse incident, which is required under

30  s. 459.026 and provided to the department by an osteopathic

31  physician licensed under this chapter, is confidential and


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

  2  Constitution.  The information may not be made available to

  3  the public as part of the record of investigation or

  4  prosecution in a disciplinary proceeding. This section is

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

  6  accordance with s. 119.15 and shall stand repealed October 2,

  7  2006, unless reviewed and saved from repeal through

  8  reenactment by the Legislature.

  9         Section 5.  The Legislature finds that the exemptions

10  from public records requirements provided in sections 458.353

11  and 459.028, Florida Statutes, are a public necessity, and

12  that it would be an invasion of a patient's privacy for

13  personal, sensitive information contained in the notification

14  of an adverse incident to be publicly available. Furthermore,

15  the Legislature finds that failure to protect the

16  confidentiality of any information submitted to or collected

17  by the Department of Health pursuant to section 458.351,

18  Florida Statutes, or section 459.026, Florida Statutes,

19  regarding an adverse incident, including, but not limited to,

20  the identity of the patient, the type of adverse incident, and

21  the fact that an investigation is being conducted, would deter

22  the collection and reporting of this information to the

23  department. This would prevent the department and the

24  appropriate regulatory boards from effectively carrying out

25  their responsibility to enforce safe patient care and take

26  necessary disciplinary action for practice violations. Release

27  of such information would deter physicians and osteopathic

28  physicians licensed in this state from reporting adverse

29  incidents. This could lead to the deterioration of services

30  and care rendered, all to the detriment of the health of those

31  served. These exemptions apply the same exemption accorded


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    CS for SB 1734                                 First Engrossed



  1  under sections 395.0198 and 395.0193, Florida Statutes,

  2  relating to the reporting of adverse incidents by facilities

  3  licensed under chapter 395, Florida Statutes. The Legislature

  4  has thus consistently and repeatedly acknowledged the public

  5  necessity of these types of exemptions.

  6         Section 6.  This act shall take effect upon becoming a

  7  law.

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