HB 0763 2003
1	A bill to be entitled
2	An act relating to health information; providing
3	definitions; providing for the confidentiality of certain
4	health information; requiring certain notice and consent
5	prior to disclosure of certain health information;
6	providing an effective date.
7
8	Be It Enacted by the Legislature of the State of Florida:
9
10	Section 1. Confidentiality of health information.--
11	(1) DEFINITIONS.--
12	(a) "Individually identifiable health information" means
13	information that is a subset of health information, including
14	demographic information collected from an individual that:
15	1. Is created by or received from a health care provider,
16	health plan, employer, or health care clearinghouse.
17	2. Relates to the past, present, or future physical
18	health, mental health, or physical or mental condition of an
19	individual, the provision of health care to an individual, or
20	the past, present, or future payment for the provision of health
21	care to an individual.
22	3. Identifies the individual or that could be used to
23	identify the individual.
24	(b) "Marketing" means a communication about a product or
25	service that encourages recipients of the communication to
26	purchase or use the product or service. "Marketing" does not
27	include a communication made as part of the treatment of a
28	patient for the purpose of furthering treatment unless the
29	covered entity receives direct or indirect remuneration from a
30	third party for making the communication.
31	(2) PROTECTION OF PRIVATE HEALTH INFORMATION.--Except as
32	provided in subsection (3), a health care provider, pharmacy,
33	health researcher, health plan, health oversight agency, public
34	health authority, employer, health or life insurer, or school or
35	university shall not:
36	(a) Disclose individually identifiable health information
37	to an entity for the purpose of marketing the products or
38	services of such entity; or
39	(b) Use individually identifiable health information in
40	its possession to provide marketing services to any entity.
41	(3) NOTICE AND CONSENT REQUIREMENTS.--A health care
42	provider, pharmacy, health researcher, health plan, health
43	oversight agency, public health authority, employer, health or
44	life insurer, or school or university may provide marketing
45	services to a pharmaceutical company if such health care entity:
46	(a) Provides clear and conspicuous notice to the
47	individual involved concerning its disclosure practices for all
48	individually identifiable health information collected or
49	created about the individual.
50	(b) Obtains the written consent of the individual involved
51	to use the information, which consent shall only refer and apply
52	to the specific marketing purpose for which the information is
53	to be used.
54	Section 2. This act shall take effect upon becoming a law.