TBD | Section X-D-94 | Sunshine Manual (FL)

Section 400.0077(1), F.S.

Except as otherwise provided in the subsection, the following records relating to long-term care ombudsman councils are confidential and exempt from s. 119.07(1):

resident records held by an ombudsman or by the state or a local ombudsman council;

the names or identities of complainants or residents involved in a complaint; and

any other information about a complaint.

Section 400.0077(2), F.S.

That portion of a long-term care ombudsman council meeting in which the council discusses information that is confidential and exempt from s. 119.07(1) is closed to the public and exempt from s. 286.011.

Section 400.022(1)(m), F.S.

Personal and medical records of nursing home residents are confidential and exempt from s. 119.07(1).

Section 400.0255(14), F.S.

Except as provided in this subsection, in any proceeding under this section (relating to hearings of facility decisions to transfer or discharge nursing home residents) the following information concerning the parties is confidential and exempt from disclosure:

names and addresses,
medical services provided,
social and economic conditions,
personal information evaluations,
medical data, and
information verifying income eligibility and amount of medical assistance payments.

Section 400.119, F.S.

Records of meetings of the risk management and quality assurance committee of a long-term care facility, as well as incident reports filed with the facility’s risk manager and administrator, notifications of the occurrence of an adverse incident, and adverse-incident reports from the facility are confidential and exempt. Meetings of an internal risk management and quality assurance committee are exempt from open meetings requirements and are not open to the public.

Section 400.494(1), F.S.

Information about patients received by persons employed by, or providing services to, a home health agency or received by the licensing agency through reports or inspection is confidential and exempt from s. 119.07(1) and shall be disclosed only as authorized in the exemption.

Section 400.611, F.S.

The interdisciplinary record of hospice patient care and billing records are confidential and may not be released except as provided in the exemption. Information obtained from patient records by a state agency pursuant to its statutory authority to compile statistical data is confidential and exempt from s. 119.07(1).

Section 400.945, F.S.

Medical and personal identifying information about patients of a home medical equipment provider which is received by the licensing agency through reports or inspection is confidential and exempt.

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§X-D-94 | EXEMPTION SUMMARY - §400 FS

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