Bill Text: FL S1700 | 2019 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Prescribed Controlled Substances
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2019-05-02 - Laid on Table, companion bill(s) passed, see CS/CS/HB 1253 (Ch. 2019-127) [S1700 Detail]
Download: Florida-2019-S1700-Introduced.html
Bill Title: Prescribed Controlled Substances
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2019-05-02 - Laid on Table, companion bill(s) passed, see CS/CS/HB 1253 (Ch. 2019-127) [S1700 Detail]
Download: Florida-2019-S1700-Introduced.html
Florida Senate - 2019 SB 1700 By Senator Lee 20-01497-19 20191700__ 1 A bill to be entitled 2 An act relating to the prescription drug monitoring 3 program; amending s. 893.055, F.S.; expanding the 4 Attorney General’s authority to request information 5 for Medicaid fraud cases from the Department of Health 6 prescription drug monitoring program to information on 7 all cases involving prescribed controlled substances; 8 removing a limitation that prohibits discovery of, or 9 the introduction into evidence of, certain information 10 in a civil or administrative action against dispensers 11 or pharmacies in the program; authorizing certain 12 individuals to testify regarding the authenticity of 13 program records; amending s. 893.0551, F.S.; expanding 14 access the Attorney General or his or her designee has 15 to certain confidential and exempt information 16 maintained by the department; authorizing the Attorney 17 General to use for certain purposes all information 18 maintained by the department whether compiled before, 19 on, or after a certain date; providing for treatment 20 of certain information as it relates to discovery in 21 certain actions; providing an effective date. 22 23 Be It Enacted by the Legislature of the State of Florida: 24 25 Section 1. Paragraph (b) of subsection (5) and subsection 26 (10) of section 893.055, Florida Statutes, are amended to read: 27 893.055 Prescription drug monitoring program.— 28 (5) The following entities may not directly access 29 information in the system, but may request information from the 30 program manager or designated program and support staff: 31 (b) The Attorney General forMedicaid fraudcases involving 32 prescribed controlled substances. 33 (10) Information in the prescription drug monitoring 34 program’s system may be released only as provided in this 35 section and s. 893.0551. The content of the system is intended 36 to be informational only. Information in the system is not 37 subject to discovery or introduction into evidence in any civil 38 or administrative action against a prescriber, dispenser,39pharmacy,or patient arising out of matters that are the subject 40 of information in the system. The program manager and authorized 41 persons who participate in preparing, reviewing, issuing, or any 42 other activity related to management of the system may not be 43 permitted or required to testify in any such civil or 44 administrative action as to any findings, recommendations, 45 evaluations, opinions, or other actions taken in connection with 46 management of the system. The program manager and authorized 47 persons who participate in preparing, reviewing, issuing, or any 48 other activity related to the management of the system may 49 testify for purposes of authenticating the records contained in 50 the system. 51 Section 2. Paragraph (e) of subsection (3) and subsection 52 (6) of section 893.0551, Florida Statutes, are amended to read: 53 893.0551 Public records exemption for the prescription drug 54 monitoring program.— 55 (3) The department shall disclose such information to the 56 following persons or entities upon request and after using a 57 verification process to ensure the legitimacy of the request as 58 provided in s. 893.055: 59 (e) The Attorney General or his or her designee when 60 working onMedicaid fraudcases involving prescribed controlled 61 substances or when the Attorney General has initiated a review 62 ofspecific identifiers of Medicaid fraud orspecific 63 identifiers that warrant ana Medicaidinvestigation regarding 64 prescribed controlled substances. The Attorney General’s 65Medicaid fraudinvestigators may not have direct access to the 66 department’s system. The Attorney General or his or her designee 67 may disclose to a criminal justice agency, as defined in s. 68 119.011, only the information received from the department that 69 is relevant to an identified active investigation that prompted 70 the request for the information. The Attorney General may use 71 all information maintained by the department, whether compiled 72 before, on, or after July 1, 2019, to pursue an investigation 73 and civil or criminal litigation. 74 (6) An agency or person who obtains any information 75 pursuant to this section must maintain the confidential and 76 exempt status of that information and may not disclose such 77 information unless authorized by law. Information in the system 78 is not subject to discovery or introduction into evidence in any 79 civil or administrative action against a prescriber or patient 80 arising out of matters that are the subject of information in 81 the system. Information shared with a state attorney pursuant to 82 paragraph (3)(f) or paragraph (3)(h) or by the Attorney General 83 or his or her designee pursuant to paragraph (3)(e) may be 84 released only in response to a discovery demand if such 85 information is directly related to thecriminalcase for which 86 the information was requested. Unrelated information may be 87 released only upon an order of a court of competent 88 jurisdiction. 89 Section 3. This act shall take effect July 1, 2019.