Florida 2024 Regular Session

Florida House Bill H0221 Compare Versions

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

Old	New	Differences
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3	3	HB 221 2024
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7	7	CODING: Words stricken are deletions; words underlined are additions.
8	8	hb0221-00
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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; creating s. 2
16	16	401.452, F.S.; creating an exemption from public 3
17	17	records requirements for personal identifying 4
18	18	information held in the database for Patient -directed 5
19	19	Doctor's Order forms; authorizing the disclosure of 6
20	20	such information to certain entities and individuals 7
21	21	under specified conditions; providing for future 8
22	22	legislative review and repeal of the exemption under 9
23	23	the Open Government Sunset Review Act; providing a 10
24	24	statement of public necessity; providing a contingent 11
25	25	effective date. 12
26	26	13
27	27	Be It Enacted by the Legislature of the State of Florida: 14
28	28	15
29	29	Section 1. Section 401.452, Florida Statutes, is created 16
30	30	to read: 17
31	31	401.452 Database for Patient-directed Doctor's Order 18
32	32	forms; public records exemption. — 19
33	33	(1) Personal identifying information held in the database 20
34	34	for Patient-directed Doctor's Order (PDDO) forms created by the 21
35	35	Agency for Health Care Administration and stored solely at the 22
36	36	option of the patient in electronic form by the Department of 23
37	37	Health under s. 401.451 is confidential and exempt from s. 24
38	38	119.07(1) and s. 24(a), Art. I of the State Constitution. 25
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40	40	HB 221 2024
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42	42
43	43
44	44	CODING: Words stricken are deletions; words underlined are additions.
45	45	hb0221-00
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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	(2) The department may disclose such confidential and 26
52	52	exempt information to the following individuals or entities upon 27
53	53	request after using a verification process to ensure the 28
54	54	legitimacy of the request and the requestor's identity: 29
55	55	(a) A physician who certifies that the information is 30
56	56	necessary to provide medical treatment to a terminally ill 31
57	57	patient who has a form stored in the database. 32
58	58	(b) A terminally ill patient who has a PDDO form stored in 33
59	59	the database or such patient's legal guardian, designated health 34
60	60	care surrogate, or family member. 35
61	61	(c) A health care facility that certifies that the 36
62	62	information is necessary to provide medical treatment to a 37
63	63	terminally ill patient who has a PDDO form stored in the 38
64	64	database. 39
65	65	(3) This section is subject to the Open Government Sunset 40
66	66	Review Act in accordance with s. 119.15 and s hall stand repealed 41
67	67	on October 2, 2029, unless reviewed and saved from repeal 42
68	68	through reenactment by the Legislature. 43
69	69	Section 2. The Legislature finds that it is a public 44
70	70	necessity to make confidential and exempt from disclosure 45
71	71	personal identifying in formation held in the database for 46
72	72	Patient-directed Doctor's Order (PDDO) forms which would 47
73	73	identify a terminally ill patient, his or her illness, or his or 48
74	74	her legal guardian, designated health care surrogate, or family 49
75	75	member. Such information, if public ly available, could be used 50
76	76
77	77	HB 221 2024
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81	81	CODING: Words stricken are deletions; words underlined are additions.
82	82	hb0221-00
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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	to invade the personal privacy of the terminally ill patient or 51
89	89	his or her legal guardian, designated health care surrogate, or 52
90	90	family member. The decisions made under a compassionate and 53
91	91	palliative care plan for a terminal illn ess are a private 54
92	92	matter. Furthermore, the public disclosure of such information 55
93	93	could hinder the effective and efficient administration of the 56
94	94	database. Public access to such information could reduce 57
95	95	participation in and minimize the effectiveness of comp assionate 58
96	96	and palliative care plans to meet the needs of individuals. 59
97	97	Finally, access to such information could be used to solicit, 60
98	98	harass, stalk, or intimidate terminally ill patients or their 61
99	99	legal guardians, designated health care surrogates, or family 62
100	100	members. Therefore, the Legislature finds that personal 63
101	101	identifying information held in the database which would 64
102	102	identify a terminally ill patient, or his or her legal guardian, 65
103	103	designated health care surrogate, or family member, who has a 66
104	104	plan in the database or which contains or reflects the 67
105	105	terminally ill patient's medical information should be 68
106	106	confidential and exempt from public records requirements. 69
107	107	Section 3. This act shall take effect on the same date 70
108	108	that HB 219 or similar legislation takes effe ct if such 71
109	109	legislation is adopted in the same legislative session or an 72
110	110	extension thereof and becomes a law. 73