Florida 2022 Regular Session

Florida House Bill H0869 Compare Versions

Only one version of the bill is available at this time.

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10	10	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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14	14	A bill to be entitled 1
15	15	An act relating to public records and meetings; 2
16	16	creating s. 395.3027, F.S.; providing an exemption 3
17	17	from public records requirements for certain 4
18	18	confidential information held by in -hospital medical 5
19	19	staff committees of public hospitals; providing an 6
20	20	exemption from public meetings requirements for 7
21	21	portions of meetings held by such medical staff 8
22	22	committees wherein such confidential information is 9
23	23	discussed; requiring the recording and transcription 10
24	24	of exempt portions of such meetings; providing an 11
25	25	exemption from public records requirements for such 12
26	26	recordings and transcripts; providing for future 13
27	27	legislative review and repeal of the exemptions; 14
28	28	providing a statemen t of public necessity; providing 15
29	29	an effective date. 16
30	30	17
31	31	Be It Enacted by the Legislature of the State of Florida: 18
32	32	19
33	33	Section 1. Section 395.3027, Florida Statutes, is created 20
34	34	to read: 21
35	35	395.3027 Confidentiality of in -hospital medical staff 22
36	36	committee records and meetings.— 23
37	37	(1) The records held by an in -hospital medical staff 24
38	38	committee including, but not limited to, any medical executive 25
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47	47	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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51	51	committee or credentialing committee, or agent thereof, of a 26
52	52	public hospital which contain any of the following inform ation 27
53	53	are confidential and exempt from s. 119.07(1) and s. 24(a), Art. 28
54	54	I of the State Constitution: 29
55	55	(a) Individually identifiable health information protected 30
56	56	under the Health Insurance Portability and Accountability Act of 31
57	57	1996, or its implementing regu lations. 32
58	58	(b) Personal identifying information of hospital 33
59	59	personnel. 34
60	60	(c) Information relating to: 35
61	61	1. Pending legal matters, including, but not limited to, 36
62	62	litigation strategy. 37
63	63	2. Contract negotiations. 38
64	64	3. Personnel matters. 39
65	65	4. Peer review proce dures. 40
66	66	5. Trade secrets, as defined in s. 688.002. 41
67	67	(2) Any portion of an in -hospital medical staff committee 42
68	68	meeting at which information that is confidential and exempt 43
69	69	pursuant to subsection (1) is discussed is exempt from s. 44
70	70	286.011 and s. 24(b), Ar t. I of the State Constitution. A 45
71	71	complete recording and transcript must be made of any portion of 46
72	72	a meeting which is closed pursuant to this subsection, and any 47
73	73	closed portion of such meeting may not be held off the record. 48
74	74	The recordings and transcripts of the closed portion of a 49
75	75	meeting are exempt from s. 119.07(1) and s. 24(a), Art. I of the 50
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84	84	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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88	88	State Constitution. 51
89	89	(3) This section is subject to the Open Government Sunset 52
90	90	Review Act in accordance with s. 119.15 and shall stand repealed 53
91	91	on October 2, 2027, unless reviewed and saved from repeal 54
92	92	through reenactment by the Legislature. 55
93	93	Section 2. (1) The Legislature finds that it is a public 56
94	94	necessity that the records held by in -hospital medical staff 57
95	95	committees including, but not limited to, medical exec utive 58
96	96	committees and credentialing committees, or agents thereof, of 59
97	97	public hospitals which contain individually identifiable health 60
98	98	information; the personal identifying information of hospital 61
99	99	personnel; and information relating to pending legal matters, 62
100	100	contract negotiations, personnel matters, peer review 63
101	101	procedures, and trade secrets be made confidential and exempt 64
102	102	from disclosure under s. 119.07(1), Florida Statutes, and s. 65
103	103	24(a), Article I of the State Constitution. The Legislature also 66
104	104	finds that subjecting the records of these in -hospital medical 67
105	105	staff committees to the public records requirements could cause 68
106	106	unnecessary harm to individuals whose personal identifying 69
107	107	information and confidential health information are revealed and 70
108	108	would impair public hospitals from effectively competing in the 71
109	109	marketplace against private hospitals whose records are not 72
110	110	required to be open to the public. 73
111	111	(2) The Legislature finds that it is a public necessity 74
112	112	that any portion of meetings held by in -hospital medical staff 75
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125	125	committees of public hospitals at which the confidential and 76
126	126	exempt information described in subsection (1) is discussed be 77
127	127	made exempt from s. 286.011, Florida Statutes, and s. 24(b), 78
128	128	Article I of the State Constitution, and that the recordings and 79
129	129	transcripts of such meetings be made exempt from s. 119.07(1), 80
130	130	Florida Statutes, and s. 24(a), Article I of the State 81
131	131	Constitution. Such meetings are designed to encourage the free 82
132	132	discussion and exchange of ideas between health care 83
133	133	practitioners and othe r hospital personnel, which could be 84
134	134	blunted if such confidential and sensitive information were 85
135	135	subject to disclosure. The Legislature also finds that 86
136	136	subjecting these in-hospital medical staff committees to the 87
137	137	public meetings requirements is duplicative since the final 88
138	138	decisions made by medical staff committees are subsequently 89
139	139	presented to a public body at publicly noticed meetings. 90
140	140	Furthermore, the failure to exempt the recordings and 91
141	141	transcripts of such meetings would defeat the purpose of the 92
142	142	public meeting exemption. Therefore, the Legislature finds that 93
143	143	the public and private harm in disclosing the confidential 94
144	144	information and records outweighs any public benefit derived 95
145	145	from the disclosure of such information. 96
146	146	Section 3. This act shall take eff ect October 1, 2022. 97