Florida Senate - 2016 COMMITTEE AMENDMENT
Bill No. SB 662
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LEGISLATIVE ACTION
Senate . House
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The Committee on Health Policy (Gaetz) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Section 408.0641, Florida Statutes, is created
6 to read:
7 408.0641 Clearinghouse for compassionate and palliative
8 care plans; public records exemption.—
9 (1) Information held in the clearinghouse for compassionate
10 and palliative care plans at the Agency for Health Care
11 Administration or its designee under s. 408.064 is confidential
12 and exempt from s. 119.07(1) and s. 24(a), Art. I of the State
13 Constitution.
14 (2) The agency or its designee may disclose such
15 confidential and exempt information to the following persons or
16 entities upon request after using a verification process to
17 ensure the legitimacy of the request and the requestor’s
18 identity:
19 (a) A physician who certifies that the information is
20 necessary to provide medical treatment to a patient with a
21 terminal illness who has a plan in the clearinghouse.
22 (b) A patient or the legal guardian or designated health
23 care surrogate of a patient with a terminal illness who has a
24 plan in the clearinghouse.
25 (c) A health care facility that certifies that the
26 information is necessary to provide medical treatment to a
27 patient with a terminal illness who has a plan in the
28 clearinghouse.
29 (3) This section is subject to the Open Government Sunset
30 Review Act in accordance with s. 119.15 and shall stand repealed
31 on October 2, 2021, unless reviewed and saved from repeal
32 through reenactment by the Legislature.
33 Section 2. The Legislature finds that it is a public
34 necessity to make confidential and exempt from disclosure
35 information held in the clearinghouse for compassionate and
36 palliative care plans which would identify a patient, his or her
37 terminal illness, or the patient’s family members. Such personal
38 identifying information, if publicly available, could be used to
39 invade the personal privacy of the patient or his or her family.
40 The decisions made under a compassionate and palliative care
41 plan for a terminal condition are a private matter. Furthermore,
42 the public disclosure of such information could hinder the
43 effective and efficient administration of the clearinghouse for
44 compassionate and palliative care plans. Public access to such
45 information could reduce participation and minimize the
46 effectiveness of compassionate and palliative care plans to meet
47 the needs of individuals. Finally, access to such information
48 could be used to solicit, harass, stalk, or intimidate
49 clearinghouse participants or terminally ill patients or their
50 families. Therefore, the Legislature finds that information held
51 in the clearinghouse for compassionate and palliative care plans
52 which would identify a patient participating in the
53 clearinghouse or which contains or reflects the patient’s
54 medical information should be confidential and exempt from
55 public records requirements.
56 Section 3. This act shall take effect on the same date that
57 SB 664 or similar legislation takes effect if such legislation
58 is adopted in the same legislative session or an extension
59 thereof and becomes a law.
60
61 ================= T I T L E A M E N D M E N T ================
62 And the title is amended as follows:
63 Delete everything before the enacting clause
64 and insert:
65 A bill to be entitled
66 An act relating to public records; creating s.
67 408.0641, F.S.; creating an exemption from public
68 records for identifying information in compassionate
69 and palliative care plans filed with the clearinghouse
70 for compassionate and palliative care plans at the
71 Agency for Health Care Administration or its designee;
72 authorizing the disclosure of certain information to
73 certain entities and individuals; providing for future
74 legislative review and repeal of the exemption under
75 the Open Government Sunset Review Act; providing a
76 statement of public necessity; providing a contingent
77 effective date.