House Bill hb2013
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    Florida House of Representatives - 2002                HB 2013
        By the Council for Smarter Government and Representatives
    Cantens and Clarke
  1                      A bill to be entitled
  2         An act relating to public records; amending s.
  3         440.125, F.S.; creating a public records
  4         exemption for medical records and medical
  5         reports of an injured employee and an injured
  6         employee's identifying information contained in
  7         medical bills provided to the Agency for Health
  8         Care Administration and the Department of
  9         Education; providing exceptions; providing for
10         future review and repeal; providing a statement
11         of public necessity; providing a contingent
12         effective date.
13
14  Be It Enacted by the Legislature of the State of Florida:
15
16         Section 1.  Subsection (3) is added to section 440.125,
17  Florida Statutes, to read:
18         440.125  Medical records and reports; identifying
19  information in employee medical bills; confidentiality.--
20         (3)  Any medical records and medical reports of an
21  injured employee and any information identifying an injured
22  employee in medical bills which are provided to the Agency for
23  Health Care Administration and the Department of Education
24  pursuant to s. 440.13 are confidential and exempt from the
25  provisions of s. 119.07(1) and s. 24(a), Art. I of the State
26  Constitution, except as otherwise provided by this chapter.
27  The agency and the department may share such confidential and
28  exempt records, reports, or information received pursuant to
29  s. 440.13 with each other and with the Department of Insurance
30  in the furtherance of their official duties under ss. 440.13
31  and 440.134.  The receiving entity shall maintain the
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    Florida House of Representatives - 2002                HB 2013
    405-193-02
  1  confidential and exempt status of such records, reports, and
  2  information. This subsection is subject to the Open Government
  3  Sunset Review Act of 1995 in accordance with s. 119.15, and
  4  shall stand repealed on October 2, 2007, unless reviewed and
  5  saved from repeal through reenactment by the Legislature.
  6         Section 2.  The Legislature finds that it is a public
  7  necessity that an injured employee's medical records and
  8  medical reports and information identifying the employee in
  9  medical bills held by the department or agency be made
10  confidential and exempt from public disclosure because public
11  access to such information is an invasion of the injured
12  employee's right to privacy in that personal, sensitive
13  information would be revealed and public knowledge of such
14  information could lead to discrimination against the employee
15  by coworkers and others.  Additionally, there is little
16  utility in providing public access to such information in that
17  the effectiveness and efficiency of the workers' compensation
18  program can be otherwise adequately monitored and evaluated.
19         Section 3.  This act shall take effect on the same date
20  that HB 1643 or similar legislation takes effect, if such
21  legislation is adopted in the same legislative session or an
22  extension thereof and becomes law.
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24            *****************************************
25                          HOUSE SUMMARY
26
      Exempts from public records disclosure requirements
27    medical records and medical reports of an injured
      employee and an injured employee's identifying
28    information contained in medical bills provided to the
      Agency for Health Care Administration and the Department
29    of Education. Provides for future repeal and review.
30
31
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