Bill Text: FL S1700 | 2019 | Regular Session | Comm Sub


Bill Title: Prescribed Controlled Substances

Spectrum: Bipartisan Bill

Status: (Introduced) 2019-05-02 - Laid on Table, refer to CS/CS/HB 1253 [S1700 Detail]

Download: Florida-2019-S1700-Comm_Sub.html
       Florida Senate - 2019                             CS for SB 1700
       
       
        
       By the Committee on Health Policy; and Senator Lee
       
       
       
       
       
       588-03691-19                                          20191700c1
    1                        A bill to be entitled                      
    2         An act relating to prescribed controlled substances;
    3         amending s. 893.055, F.S.; expanding the circumstances
    4         under which the Attorney General may request
    5         information from the prescription drug monitoring
    6         program to include an active investigation or pending
    7         civil or criminal litigation involving prescribed
    8         controlled substances; requiring the Department of
    9         Health to assign each patient a unique identifying
   10         number when releasing certain information; limiting
   11         the information of a patient the department may
   12         release; authorizing the Attorney General to introduce
   13         as evidence in certain actions specified information
   14         that is released to the Attorney General from the
   15         program’s records system; authorizing certain persons
   16         to testify as to the authenticity of certain records;
   17         amending s. 893.0551, F.S.; expanding the
   18         circumstances under which the department must disclose
   19         certain information to the Attorney General to include
   20         active investigations or pending civil or criminal
   21         litigation involving prescribed controlled substances;
   22         requiring the department to assign each patient a
   23         unique identifying number when releasing certain
   24         information; providing an exception; limiting the
   25         information of a patient the department may release;
   26         authorizing the release of specified information
   27         shared with a state attorney only in response to a
   28         discovery demand under certain circumstances;
   29         providing an effective date.
   30          
   31  Be It Enacted by the Legislature of the State of Florida:
   32  
   33         Section 1. Paragraph (b) of subsection (5) and subsection
   34  (10) of section 893.055, Florida Statutes, are amended to read:
   35         893.055 Prescription drug monitoring program.—
   36         (5) The following entities may not directly access
   37  information in the system, but may request information from the
   38  program manager or designated program and support staff:
   39         (b) The Attorney General for:
   40         1. Medicaid fraud cases involving prescribed controlled
   41  substances.
   42         2.An active investigation or pending civil or criminal
   43  litigation involving prescribed controlled substances other than
   44  Medicaid fraud cases. When releasing information pursuant to
   45  this subparagraph, the department must assign each patient whose
   46  information is released a unique identifying number that does
   47  not identify, or provide a reasonable basis to identify, the
   48  patient to whom the identifying number is assigned. The
   49  department may not release any patient information pursuant to
   50  this subparagraph other than the patient’s unique identifying
   51  number, year of birth, and the county, city, and zip code where
   52  the patient resides.
   53         (10) Information in the prescription drug monitoring
   54  program’s system may be released only as provided in this
   55  section and s. 893.0551.
   56         (a)Except as provided in paragraph (b), the content of the
   57  system is intended to be informational only. Information in the
   58  system is not subject to discovery or introduction into evidence
   59  in any civil or administrative action against a prescriber,
   60  dispenser, pharmacy, or patient arising out of matters that are
   61  the subject of information in the system. The program manager
   62  and authorized persons who participate in preparing, reviewing,
   63  issuing, or any other activity related to management of the
   64  system may not be permitted or required to testify in any such
   65  civil or administrative action as to any findings,
   66  recommendations, evaluations, opinions, or other actions taken
   67  in connection with management of the system.
   68         (b)The Attorney General may introduce information from the
   69  system released to him or her pursuant to subparagraph (5)(b)2.
   70  as evidence in a civil, criminal, or administrative action
   71  against a dispenser or a pharmacy. The program manager and
   72  authorized persons who participate in preparing, reviewing,
   73  issuing, or any other activity related to the management of the
   74  system may testify for purposes of authenticating the records
   75  introduced into evidence pursuant to this paragraph.
   76         Section 2. Paragraph (e) of subsection (3) and subsection
   77  (6) of section 893.0551, Florida Statutes, are amended to read:
   78         893.0551 Public records exemption for the prescription drug
   79  monitoring program.—
   80         (3) The department shall disclose such information to the
   81  following persons or entities upon request and after using a
   82  verification process to ensure the legitimacy of the request as
   83  provided in s. 893.055:
   84         (e) The Attorney General or his or her designee:
   85         1. When working on Medicaid fraud cases involving
   86  prescribed controlled substances or when the Attorney General
   87  has initiated a review of specific identifiers of Medicaid fraud
   88  or specific identifiers that warrant a Medicaid investigation
   89  regarding prescribed controlled substances. The Attorney
   90  General’s Medicaid fraud investigators may not have direct
   91  access to the department’s system. The Attorney General or his
   92  or her designee may disclose to a criminal justice agency, as
   93  defined in s. 119.011, only the information received from the
   94  department that is relevant to an identified active
   95  investigation that prompted the request for the information.
   96         2.When pursuing an active investigation or pending civil
   97  or criminal litigation involving prescribed controlled
   98  substances. Except for Medicaid fraud cases, when releasing
   99  information pursuant to this subparagraph, the department must
  100  assign each patient whose information is released a unique
  101  identifying number that does not identify, or provide a
  102  reasonable basis to identify, the patient to whom the
  103  identifying number is assigned. The department may not release
  104  any patient information pursuant to this subparagraph other than
  105  the patient’s unique identifying number, year of birth, and the
  106  county, city, and zip code where the patient resides.
  107         (6) An agency or person who obtains any information
  108  pursuant to this section must maintain the confidential and
  109  exempt status of that information and may not disclose such
  110  information unless authorized by law. Information shared with a
  111  state attorney pursuant to paragraph (3)(f), or paragraph
  112  (3)(h), or with the Attorney General or his or her designee
  113  pursuant to subparagraph (3)(e)2. may be released only in
  114  response to a discovery demand if such information is directly
  115  related to the criminal case for which the information was
  116  requested. Unrelated information may be released only upon an
  117  order of a court of competent jurisdiction.
  118         Section 3. This act shall take effect upon becoming a law.

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