Senate Bill sb2146c2

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    Florida Senate - 2001                    CS for CS for SB 2146

    By the Committees on Commerce and Economic Opportunities;
    Health, Aging and Long-Term Care; and Senator Mitchell




    310-1880-01

  1                      A bill to be entitled

  2         An act relating to medical records; providing

  3         legislative findings and intent; amending s.

  4         456.057, 395.3025, 400.1415, F.S.; prohibiting

  5         the use of a patient's medical records for

  6         purposes of solicitation and marketing without

  7         specific written release or authorization;

  8         providing for criminal penalties; creating s.

  9         626.9651, F.S.; requiring the Department of

10         Insurance to adopt rules governing the use of a

11         consumer's nonpublic personal financial and

12         health information; providing standards for the

13         rules; providing an effective date.

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

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17         Section 1.  The Legislature finds that personally

18  identifying information, name, age, diagnosis, address, bank

19  account numbers, and debit and credit card numbers contained

20  in the records relating to an individual's personal health or

21  eligibility for health-related services made or received by

22  the individual's physician, pharmacist, and public or private

23  health facility should be held confidential. Furthermore, the

24  Legislature finds that every person has an expectation of and

25  a right to privacy in all matters concerning her or his

26  personal health when medical services are provided. Matters of

27  personal health are traditionally private and confidential

28  concerns between the patient and the health care provider. The

29  private and confidential nature of personal health matters

30  pervades both the public and private sectors. For these

31  reasons, it is the expressed intent of the Legislature to

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    Florida Senate - 2001                    CS for CS for SB 2146
    310-1880-01




  1  protect confidential information and the individual's

  2  expectations of and right to privacy in all matters regarding

  3  her or his personal health, and to not have such information

  4  exploited for purposes of solicitation or marketing the sale

  5  of goods and services.

  6         Section 2.  Subsection (5) of section 456.057, Florida

  7  Statutes, is amended to read:

  8         456.057  Ownership and control of patient records;

  9  report or copies of records to be furnished.--

10         (5)(a)  Except as otherwise provided in this section

11  and in s. 440.13(4)(c), such records may not be furnished to,

12  and the medical condition of a patient may not be discussed

13  with, any person other than the patient or the patient's legal

14  representative or other health care practitioners and

15  providers involved in the care or treatment of the patient,

16  except upon written authorization of the patient. However,

17  such records may be furnished without written authorization

18  under the following circumstances:

19         1.(a)  To any person, firm, or corporation that has

20  procured or furnished such examination or treatment with the

21  patient's consent.

22         2.(b)  When compulsory physical examination is made

23  pursuant to Rule 1.360, Florida Rules of Civil Procedure, in

24  which case copies of the medical records shall be furnished to

25  both the defendant and the plaintiff.

26         3.(c)  In any civil or criminal action, unless

27  otherwise prohibited by law, upon the issuance of a subpoena

28  from a court of competent jurisdiction and proper notice to

29  the patient or the patient's legal representative by the party

30  seeking such records.

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    Florida Senate - 2001                    CS for CS for SB 2146
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  1         4.(d)  For statistical and scientific research,

  2  provided the information is abstracted in such a way as to

  3  protect the identity of the patient or provided written

  4  permission is received from the patient or the patient's legal

  5  representative.

  6         (b)  Absent a specific written release or authorization

  7  permitting utilization of patient information for solicitation

  8  or marketing the sale of goods or services, any use of that

  9  information for those purposes is prohibited.

10         Section 3.  Subsection (7) of section 395.3025, Florida

11  Statutes, is amended to read:

12         395.3025  Patient and personnel records; copies;

13  examination.--

14         (7)(a)  If the content of any record of patient

15  treatment is provided under this section, the recipient, if

16  other than the patient or the patient's representative, may

17  use such information only for the purpose provided and may not

18  further disclose any information to any other person or

19  entity, unless expressly permitted by the written consent of

20  the patient.  A general authorization for the release of

21  medical information is not sufficient for this purpose.  The

22  content of such patient treatment record is confidential and

23  exempt from the provisions of s . 119.07(1) and s. 24(a), Art.

24  I of the State Constitution.

25         (b)  Absent a specific written release or authorization

26  permitting utilization of patient information for solicitation

27  or marketing the sale of goods or services, any use of that

28  information for those purposes is prohibited.

29         Section 4.  Subsection (1) of section 400.1415, Florida

30  Statutes, is amended to read:

31         400.1415  Patient records; penalties for alteration.--

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    Florida Senate - 2001                    CS for CS for SB 2146
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  1         (1)  Any person who fraudulently alters, defaces, or

  2  falsifies any medical record or releases medical records for

  3  the purposes of solicitation or marketing the sale of goods or

  4  services absent a specific written release or authorization

  5  permitting utilization of patient information; or other

  6  nursing home record, or causes or procures any of these

  7  offenses to be committed, commits a misdemeanor of the second

  8  degree, punishable as provided in s. 775.082 or s. 775.083.

  9         Section 5.  Section 626.9651, Florida Statutes, is

10  created to read:

11         626.9651  Privacy.--The department shall adopt rules

12  consistent with other provisions of the Florida Insurance Code

13  to govern the use of a consumer's nonpublic personal financial

14  and health information. These rules must be based on,

15  consistent with, and not more restrictive than the Privacy of

16  Consumer Financial and Health Information Regulation, adopted

17  September 26, 2000, by the National Association of Insurance

18  Commissioners, however, the rules must permit the use and

19  disclosure of nonpublic personal health information for

20  scientific, medical, or public policy research, in accordance

21  with federal law. In addition, these rules must be consistent

22  with, and not more restrictive than, the standards contained

23  in Title V of the Gramm-Leach-Bliley Act of 1999, Pub. L. No.

24  106-102. If the department determines that a health insurer or

25  health maintenance organization is in compliance with, or is

26  actively undertaking compliance with, the consumer privacy

27  protection rules adopted by the United States Department of

28  Health and Human Services, in conformance with the Health

29  Insurance Portability and Affordability Act, that health

30  insurer or health maintenance organization is in compliance

31  with this section.

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    Florida Senate - 2001                    CS for CS for SB 2146
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  1         Section 6.  This act shall take effect July 1, 2001.

  2

  3          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  4                            CS/SB 2146

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  6  The committee substitute directs the Department of Insurance
    to adopt rules to govern the use of a consumer's nonpublic
  7  financial and health information by health insurers and health
    maintenance organizations consistent with the National
  8  Association of Insurance Commissioners' Privacy of Consumer
    Financial and Health Information Regulation adopted September
  9  26, 2000. The committee substitute also requires that these
    rules be consistent with, and not more restrictive than, the
10  standards contained in Title V of the federal
    Gramm-Leach-Bliley Act of 1999 (Pub. L. No. 106-102).
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    The committee substitute also makes clarifying and technical
12  revisions to the statement of legislative findings.

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