HB 7053

1	A bill to be entitled
2	An act relating to a review under the Open Government
3	Sunset Review Act regarding the Florida Kidcare program;
4	amending s. 409.821, F.S.; reorganizing the exemption;
5	authorizing release of information to any governmental
6	entity in the performance of its official duties and
7	responsibilities; providing that the public record
8	exemption does not prohibit the release of certain
9	information to the legal guardian of an enrollee; removing
10	superfluous language; repealing s. 2, ch. 2003-104, Laws
11	of Florida, which provides for repeal of the exemption;
12	repealing s. 624.91(8), F.S., which provides a duplicative
13	public records exemption for the Florida Healthy Kids
14	Corporation; providing an effective date.
15
16	Be It Enacted by the Legislature of the State of Florida:
17
18	Section 1.  Section 409.821, Florida Statutes, is amended
19	to read:
20	409.821  Florida Kidcare program public records
21	exemption.--
22	(1)  Personal identifying information of Notwithstanding
23	any other law to the contrary, any information identifying a
24	Florida Kidcare program applicant or enrollee, as defined in s.
25	409.811, held by the Agency for Health Care Administration, the
26	Department of Children and Family Services, the Department of
27	Health, or the Florida Healthy Kids Corporation is confidential
28	and exempt from s. 119.07(1) and s. 24(a), Art. I of the State
29	Constitution.
30	(2)(a)  Upon request, such information shall may be
31	disclosed to:
32	1.  Another governmental entity in the performance of only
33	if disclosure is necessary for the entity to perform its
34	official duties and responsibilities; under the Florida Kidcare
35	program and shall be disclosed to
36	2.  The Department of Revenue for purposes of administering
37	the state Title IV-D program; or. The receiving governmental
38	entity must maintain the confidential and exempt status of such
39	information. Furthermore, such information may not be released
40	to
41	3.  Any person who has without the written consent of the
42	program applicant.
43	(b)  This section does not prohibit an enrollee's legal
44	guardian from obtaining confirmation of coverage, dates of
45	coverage, the name of the enrollee's health plan, and the amount
46	of premium being paid.
47	(3)  This exemption applies to any information identifying
48	a Florida Kidcare program applicant or enrollee held by the
49	Agency for Health Care Administration, the Department of
50	Children and Family Services, the Department of Health, or the
51	Florida Healthy Kids Corporation before, on, or after the
52	effective date of this exemption.
53	(4)  A knowing and willful violation of this section is a
54	misdemeanor of the second degree, punishable as provided in s.
55	775.082 or s. 775.083.
56	Section 2.  Section 2 of chapter 2003-104, Laws of Florida
57	is repealed.
58	Section 3.  Subsection (8) of section 624.91, Florida
59	Statutes, is repealed.
60	Section 4.  This act shall take effect October 1, 2008.

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