The 2023 Florida Statutes (including Special Session C)

Title XXIX
PUBLIC HEALTH

Chapter 400
NURSING HOMES AND RELATED HEALTH CARE FACILITIES

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F.S. 400.119

400.119 Confidentiality of records and meetings of risk management and quality assurance committees.—

(1) Incident reports filed with the risk manager and administrator of a long-term care facility licensed under this part or part I of chapter 429, notifications of the occurrence of an adverse incident, and adverse incident reports from the facility are confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution.

(2)(a) The meetings of an internal risk management and quality assurance committee of a long-term care facility licensed under this part or part I of chapter 429 are exempt from s. 286.011 and s. 24(b), Art. I of the State Constitution.

(b) Records of those meetings are confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution.

(3)(a) If the Agency for Health Care Administration has a reasonable belief that conduct by a staff member or employee of a facility is criminal activity or grounds for disciplinary action by a regulatory board, the agency may disclose records made confidential and exempt pursuant to this section to the appropriate law enforcement agency or regulatory board.

(b) Records disclosed to a law enforcement agency remain confidential and exempt until criminal charges are filed.

(4) Records made confidential and exempt under this section and that are obtained by a regulatory board are not available to the public as part of the record of investigation and prosecution in a disciplinary proceeding made available to the public by the agency or the appropriate regulatory board. However, the agency or the appropriate regulatory board shall make available, upon request by a health care professional against whom probable cause has been found, any such records that form the basis of the determination of probable cause.

History.—s. 1, ch. 2001-44; s. 59, ch. 2002-1; s. 1, ch. 2006-110; s. 25, ch. 2006-197.

F.S. 400.119 on Google Scholar

F.S. 400.119 on Casetext

Amendments to 400.119

Arrestable Offenses / Crimes under Fla. Stat. 400.119

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 400.119.

Annotations, Discussions, Cases:

Cases from cite.case.law:

TANDEM HEALTHCARE, INC. a d b a a v. BENJAMIN, 969 So. 2d 519 (Fla. Dist. Ct. App. 2007)

. . . Unless Amendment 7 applies, the documents in question are protected from discovery by section 400.119 . . .

TAMPA MEDICAL ASSOCIATES, INC. d b a v. ESTATE OF TORRES, BANK, 903 So. 2d 259 (Fla. Dist. Ct. App. 2005)

. . . Mariner’s reliance on section 400.119 is misplaced. . . . The protection afforded by section 400.119(1) addresses the public’s right of access to the documents . . . We recognize that Fluitt appears to apply section 400.119 as a discovery privilege that could exempt . . . However, Fluitt does not contain any analysis of section 400.119. . . . As we have already explained, we do not agree that section 400.119 provides a discovery privilege. . . .

MARINER HEALTH CARE OF METROWEST, INC. v. BEST,, 879 So. 2d 65 (Fla. Dist. Ct. App. 2004)

. . . Section 400.119(1), Florida Statutes (2003), provides for confidentiality of “[r]ecords of meetings of . . .

HEALTH PARTNERS, L. C. d b a NHC Ft. v. FLUITT, Jr. Sr., 830 So. 2d 935 (Fla. Dist. Ct. App. 2002)

. . . Section 400.119, Florida Statutes (2001), provides for confidentiality of “[r]ecords of meetings of the . . .