Title: Pub. Rec./Clearinghouse for Compassionate and Palliative Care Plans

Summary: Creates exemption from public records for personal identifying information held in Clearinghouse for Compassionate & Palliative Care Plans managed by AHCA or its designee; provides for future legislative review & repeal; provides statement of public necessity.

Full Text:
An act relating to public records; creating s. 408.0641, F.S.; creating an exemption from public records for personal identifying information held in 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. Be It Enacted by the Legislature of the State of Florida: Section 1. Section 408.0641, Flor ida 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 A gency 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 HB 1341 2018 confidential and exempt information to the following individuals 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 ter minally ill patient who has a plan in the clearinghouse. (b) A terminally ill patient who has a plan in the clearinghouse or such patient's legal guardian or designated health care surrogate. (c) A health care facility that certifies that the informati on is necessary to provide medical treatment to a terminally ill patient 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 (3) This section is subject to the Open Government Sunset Review Act in accordance with s. 119.15 and shall stand repealed on October 2, 2023, unless reviewed and saved from repeal through reenactment by the Legislature.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 terminally ill patient, his or her illness, or his or her legal guardian, designated health care surrogate, or family member. Such personal identifying information, if publicly available, could be used to invade the personal privacy of the patient or his or HB 1341 2018 her legal guardian, designated health care surrogate, or family member. The decisions made under a compassionate and palliative care plan for a terminal illness are a private matter. Furthermore, the public disclo sure 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 nee ds of individuals. Finally, access to such information could be used to solicit, harass, stalk, or intimidate terminally ill patients or their legal guardians, designated health care surrogates, or family members. Therefore, the Legislature finds that info rmation held in the clearinghouse which would identify a terminally ill patient who has a plan in the clearinghouse or which contains or reflects the terminally ill patient's medical information should be confidential and exempt from public records require ments. Section 3. This act shall take effect on the same date that HB 1339 or similar legislation takes effect if such legislation is adopted in the same legislative session or an extension thereof and becomes a law.