SB 1700 — Prescribed Controlled Substances

Florida Senate - 2019 CS for SB 1700 By Senator Lee 20-01497-19 20191700__ A bill to be entitled An act relating to the prescriptionCommittee drugon monitoringHealth program;Policy;

and Senator Lee 588-03691-19 20191700c1 A bill to be entitled An act relating to prescribed controlled substances;

expanding the Attorneycircumstances General’sunder authoritywhich tothe requestAttorney informationGeneral formay Medicaidrequest fraudinformation cases from the Department of Health prescription drug monitoring program to informationinclude onan allactive casesinvestigation or pending civil or criminal litigation involving prescribed controlled substances;

removingrequiring a limitation that prohibits discovery of, or the introductionDepartment intoof evidenceHealth of,to certainassign informationeach inpatient a civilunique oridentifying administrativenumber actionwhen againstreleasing dispenserscertain orinformation; pharmacies in the program;

authorizinglimiting certainthe individualsinformation toof testifya regardingpatient the authenticitydepartment ofmay programrelease; records;

authorizing the Attorney General to introduce as evidence in certain actions specified information that is released to the Attorney General from the program’s records system;

authorizing certain persons to testify as to the authenticity of certain records;

expanding accessthe circumstances under which the Attorneydepartment Generalmust ordisclose hiscertain orinformation herto designeethe hasAttorney General to certaininclude confidentialactive andinvestigations exemptor informationpending maintainedcivil byor thecriminal department;litigation involving prescribed controlled substances;

authorizingrequiring the Attorneydepartment General to useassign foreach certainpatient purposesa allunique informationidentifying maintainednumber bywhen thereleasing department whether compiled before, on, or after a certain date;information;

providing foran treatmentexception; of certain information as it relates to discovery in certain actions;

limiting the information of a patient the department may release;

authorizing the release of specified information shared with a state attorney only in response to a discovery demand under certain circumstances;

2331 Be It Enacted by the Legislature of the State of Florida:

2533 Section 1. Paragraph (b) of subsection (5) and subsection (10) of section 893.055, Florida Statutes, are amended to read:

(b) The Attorney General forfor: Medicaid fraud cases involving prescribed controlled substances.

1. Medicaid fraud cases involving prescribed controlled substances.

2. An active investigation or pending civil or criminal litigation involving prescribed controlled substances other than Medicaid fraud cases.

When releasing information pursuant to this subparagraph, the department must assign each patient whose information is released a unique identifying number that does not identify, or provide a reasonable basis to identify, the patient to whom the identifying number is assigned.

The department may not release any patient information pursuant to this subparagraph other than the patient’s unique identifying number, year of birth, and the county, city, and zip code where the patient resides.

The(a) Except as provided in paragraph (b), the content of the system is intended to be informational only.

The(b) The programAttorney managerGeneral andmay authorizedintroduce personsinformation whofrom participatethe insystem preparing,released reviewing,to issuing,him or anyher otherpursuant activity related to thesubparagraph management(5)(b)2. of the system may testify for purposes of authenticating the records contained in the system.

as evidence in a civil, criminal, or administrative action against a dispenser or a pharmacy.

The program manager and authorized persons who participate in preparing, reviewing, issuing, or any other activity related to the management of the system may testify for purposes of authenticating the records introduced into evidence pursuant to this paragraph.

(e) The Attorney General or his or her designeedesignee: when working on Medicaid fraud cases involving prescribed controlled substances or when the Attorney General has initiated a review of specific identifiers of Medicaid fraud or specific identifiers that warrant an a Medicaid investigation regarding prescribed controlled substances.

1. When working on Medicaid fraud cases involving prescribed controlled substances or when the Attorney General has initiated a review of specific identifiers of Medicaid fraud or specific identifiers that warrant a Medicaid investigation regarding prescribed controlled substances.

The2. When Attorneypursuing Generalan mayactive useinvestigation allor informationpending maintainedcivil by the department, whether compiled before, on, or aftercriminal Julylitigation 1,involving 2019,prescribed tocontrolled pursuesubstances. an investigation and civil or criminal litigation.

Except for Medicaid fraud cases, when releasing information pursuant to this subparagraph, the department must assign each patient whose information is released a unique identifying number that does not identify, or provide a reasonable basis to identify, the patient to whom the identifying number is assigned.

The department may not release any patient information pursuant to this subparagraph other than the patient’s unique identifying number, year of birth, and the county, city, and zip code where the patient resides.

Information inshared thewith systema isstate notattorney subjectpursuant to discoveryparagraph (3)(f), or introductionparagraph into(3)(h), evidence in any civil or administrativewith actionthe againstAttorney aGeneral prescriber or patienthis arisingor outher ofdesignee matterspursuant thatto aresubparagraph the(3)(e)2. subject of information in the system.

Information shared with a state attorney pursuant to paragraph (3)(f) or paragraph (3)(h) or by the Attorney General or his or her designee pursuant to paragraph (3)(e) may be released only in response to a discovery demand if such information is directly related to the criminal case for which the information was requested.

Section 3. This act shall take effect Julyupon 1,becoming 2019.a law.