Bill Amendment: FL S0476 | 2018 | Regular Session

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: Public Records/Compassionate and Palliative Care Plans/Agency for Health Care Administration

Status: 2018-03-10 - Died in Governmental Oversight and Accountability [S0476 Detail]

Download: Florida-2018-S0476-Senate_Committee_Amendment_854172.html

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       Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. SB 476
       
       
       
       
       
       
                                Ì854172&Î854172                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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       The Committee on Health Policy (Brandes) recommended the
       following:
       
    1         Senate Amendment 
    2  
    3         Delete lines 31 - 69
    4  and insert:
    5         (a) A health care provider as defined in s. 408.07 who
    6  certifies that the information is necessary to provide medical
    7  treatment to a patient with a terminal illness who has a plan in
    8  the clearinghouse. A physician who certifies that the
    9  information is necessary to provide medical treatment to a
   10  patient with a terminal illness who has a plan in the
   11  clearinghouse.
   12         (b) A patient or the legal guardian or designated health
   13  care surrogate of a patient with a terminal illness who has a
   14  plan in the clearinghouse.
   15         (c) A health care facility that certifies that the
   16  information is necessary to provide medical treatment to a
   17  patient with a terminal illness who has a plan in the
   18  clearinghouse.
   19         (3) This section is subject to the Open Government Sunset
   20  Review Act in accordance with s. 119.15 and shall stand repealed
   21  on October 2, 2023, unless reviewed and saved from repeal
   22  through reenactment by the Legislature.
   23         Section 2. The Legislature finds that it is a public
   24  necessity to make confidential and exempt from disclosure
   25  information held in the Clearinghouse for Compassionate and
   26  Palliative Care Plans which would identify a patient, his or her
   27  terminal illness, or the patient’s family members. Such personal
   28  identifying information, if publicly available, could be used to
   29  invade the personal privacy of the patient or his or her family.
   30  The decisions made under a compassionate and palliative care
   31  plan for a terminal condition are a private matter. Furthermore,
   32  the public disclosure of such information could hinder the
   33  effective and efficient administration of the clearinghouse.
   34  Public access to such information could reduce participation in
   35  and minimize the effectiveness of compassionate and palliative
   36  care plans to meet the needs of individuals. Finally, access to
   37  such information could be used to solicit, harass, stalk, or
   38  intimidate terminally ill patients or their families. Therefore,
   39  the Legislature finds that information held in the clearinghouse
   40  which would identify a patient who has a plan on file with the
   41  clearinghouse or which contains or reflects the patient’s
   42  medical information should be confidential and exempt from
   43  public records requirements.
   44         Section 3. This act shall take effect on the same date that
   45  SB 474 or similar legislation takes effect if such legislation
   46  is adopted in the same legislative session or an extension
   47  thereof and becomes a law.