Senate Bill sb2350

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    Florida Senate - 2007                                  SB 2350

    By Senator Atwater





    25-1930-07                                              See HB

  1                      A bill to be entitled

  2         An act relating to public records; creating s.

  3         408.0641, F.S.; providing an exemption from

  4         public-records requirements for patient medical

  5         or health records, trade secrets, and certain

  6         other information that is confidential or

  7         exempt contained in records of the Florida

  8         Health Information Network, Inc.; providing an

  9         exception to the exemption; providing for

10         review and repeal; providing a statement of

11         public necessity; providing a contingent

12         effective date.

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

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16         Section 1.  Section 408.0641, Florida Statutes, is

17  created to read:

18         408.0641  Florida Health Information Network, Inc.;

19  public-records exemption.--

20         (1)  The following information held by the Florida

21  Health Information Network, Inc., is confidential and exempt

22  from s. 119.07(1) and s. 24, Art. I of the State Constitution:

23         (a)  A patient's medical or health record.

24         (b)  Trade secrets as defined in s. 688.002.

25         (c)  Any information received from a person from

26  another state or nation or the Federal Government which is

27  otherwise confidential or exempt pursuant to the laws of that

28  state or nation or pursuant to federal law.

29         (2)  A patient's medical or health record shall be

30  disclosed:

31  

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007                                  SB 2350
    25-1930-07                                              See HB




 1         (a)  With the express written consent of the individual

 2  or the individual's legally authorized representative.

 3         (b)  In a medical emergency, but only to the extent

 4  necessary to protect the health or life of the individual.

 5         (3)  This section is subject to the Open Government

 6  Sunset Review Act in accordance with s. 119.15 and shall stand

 7  repealed on October 2, 2012, unless reviewed and saved from

 8  repeal through reenactment by the Legislature.

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

10  necessity that a patient's medical or health record held by

11  the Florida Health Information Network, Inc., a not-for-profit

12  corporation, be made confidential and exempt from

13  public-records requirements. Matters of personal health are

14  traditionally private and confidential concerns between the

15  patient and the health care provider. The private and

16  confidential nature of personal health matters pervades both

17  the public and private health care sectors. For these reasons,

18  the individual's expectation of and right to privacy in all

19  matters regarding his or her personal health necessitates this

20  exemption. The Legislature further finds that it is a public

21  necessity to protect a patient's medical record or health

22  record because the release of such record could be defamatory

23  to the patient or could cause unwarranted damage to the name

24  or reputation of that patient. The Legislature also finds that

25  it is a public necessity to protect the release of a trade

26  secret as defined in s. 688.002, Florida Statutes. A trade

27  secret derives independent economic value, actual or

28  potential, from not being generally known to, and not being

29  readily ascertainable by proper means by, other persons who

30  can obtain economic value from its disclosure or use. Without

31  an exemption from public-records requirements for a trade

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    Florida Senate - 2007                                  SB 2350
    25-1930-07                                              See HB




 1  secret as defined in s. 688.002, Florida Statutes, that trade

 2  secret becomes a public record when held by the Florida Health

 3  Information Network, Inc., and must be divulged upon request.

 4  Divulgence of any trade secret under the public-records law

 5  would destroy the value of that property. Release of that

 6  information would give business competitors an unfair

 7  advantage and weaken the position of the corporation in the

 8  marketplace. Thus, the Legislature finds that it is a public

 9  necessity that a trade secret be made confidential and exempt

10  from public-records requirements. Finally, the Legislature

11  finds that it is a public necessity to protect information

12  received by the Florida Health Information Network, Inc., from

13  a person from another state or nation or the Federal

14  Government which is otherwise exempt or confidential pursuant

15  to the laws of that state or nation or pursuant to federal

16  law. Without this protection, another state or nation or the

17  Federal Government might be less likely to provide information

18  to the corporation in the furtherance of its duties and

19  responsibilities.

20         Section 3.  This act shall take effect July 1, 2007, if

21  Senate Bill ____ or similar legislation is adopted in the same

22  legislative session or an extension thereof and becomes law.

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