SB 476 — Public Records/Compassionate and Palliative Care Plans/Agency for Health Care Administration

FloridaDOCUMENT SenateUNAVAILABLE - 2018 SB 476 By Senator Brandes 24-00550-18 2018476__ A bill to be entitled An act relating to public records;

creating s.

408.0641, F.S.;

creating an exemption from public records for personal identifying information in compassionate and palliative care plans filed with the Clearinghouse for Compassionate and Palliative Care Plans managed by the Agency for Health Care Administration or its designee;

authorizing the disclosure of such information to certain entities and individuals;

providing for future legislative review and repeal of the exemption under the Open Government Sunset Review Act;

providing a statement of public necessity;

providing a contingent effective date.

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

17 Section 1. Section 408.0641, Florida Statutes, is created to read:

408.0641 Clearinghouse for Compassionate and Palliative Care Plans;

public records exemption.— (1) Personal identifying information held in the Clearinghouse for Compassionate and Palliative Care Plans managed by the Agency for Health Care Administration or its designee under s.

408.064 is confidential and exempt from s.

119.07(1) and s.

24(a), Art.

I of the State Constitution.

(2) The agency or its designee may disclose such confidential and exempt information to the following persons or entities upon request after using a verification process to ensure the legitimacy of the request and the requestor’s identity:

(a) A physician who certifies that the information is necessary to provide medical treatment to a patient with a terminal illness who has a plan in the clearinghouse.

(b) A patient or the legal guardian or designated health care surrogate of a patient with a terminal illness who has a plan in the clearinghouse.

(c) A health care facility that certifies that the information is necessary to provide medical treatment to a patient with a terminal illness who has a plan in the clearinghouse.

(3) This section is subject to the Open Government Sunset Review Act in accordance with s.

119.15 and shall stand repealed on October 2, 2023, unless reviewed and saved from repeal through reenactment by the Legislature.

Section 2. The Legislature finds that it is a public necessity to make confidential and exempt from disclosure information held in the Clearinghouse for Compassionate and Palliative Care Plans which would identify a patient, his or her terminal illness, or the patient’s family members.

Such personal identifying information, if publicly available, could be used to invade the personal privacy of the patient or his or her family.

The decisions made under a compassionate and palliative care plan for a terminal condition are a private matter.

Furthermore, the public disclosure of such information could hinder the effective and efficient administration of the clearinghouse.

Public access to such information could reduce participation in and minimize the effectiveness of compassionate and palliative care plans to meet the needs of individuals.

Finally, access to such information could be used to solicit, harass, stalk, or intimidate terminally ill patients or their families.

Therefore, the Legislature finds that information held in the clearinghouse which would identify a patient who has a plan on file with the clearinghouse or which contains or reflects the patient’s medical information should be confidential and exempt from public records requirements.

Section 3. This act shall take effect on the same date that SB ___ or similar legislation takes effect if such legislation is adopted in the same legislative session or an extension thereof and becomes a law.