Confidentiality of in-hospital medical staff committee records and meetings - Section 395.3027

Sep 28, 2026

Act relating to public records and meetings in Florida creates Florida Statutes s. 395.3027. It makes confidential and exempt the records of in-hospital medical staff committees, including information protected under HIPAA, personal identifying information of hospital personnel, and details on pending legal matters, contract negotiations, personnel matters, peer review procedures, and trade secrets. Portions of meetings discussing such exempt information are exempt from public meeting and public records requirements, while requiring recordings and transcripts for closed portions. Exemptions are subject to Open Government Sunset Review and repeal unless reenacted.

LanguageEnglish

CategoryHealthcare

FormatPDF

Pages4

Reading Time10 min

AccessFree to download

Section 1

s. 395.3027 Confidentiality of in-hospital medical staff committee records and meetings

Section 2

Legislative findings of public necessity

Section 3

Effective date

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A bill to be entitled An act relating to public records and meetings; creating s . 395 .3027, F .S . ; providing an exemption from public records requirements for certain confidential information held by in-hospital medical staff committees of public hospitals; providing an exemption from public meetings requirements for portions of meetings held by such medical staff committees wherein such confidential information is discussed; requiring the recording and transcription of exempt portions of such meetings; providing an exemption from public records requirements for such recordings and transcripts; providing for future legislative review and repeal of the exemptions; providing a statement of public necessity; providing an effective date . Be It Enacted by the Legislature of the State of Florida: Section 1. Section 395 .3027, Florida Statutes, is created to read: 395.3027 Confidentiality of in-hospital medical staff committee records and meetings .— (1) The records held by an in-hospital medical staff committee including, but not limited to, any medical executive 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 committee or credentialing committee, or agent thereof, of a public hospital which contain any of the following information are confidential and exempt from s. 119 . 07(1) and s . 24(a), Art . I of the State Constitution: (a) Individually identifiable health information protected under the Health Insurance Portability and Accountability Act of 1996, or its implementing regulations . (b) Personal identifying information of hospital personnel . (c) Information relating to: 1. Pending legal matters, including, but not limited to, litigation strategy. 2. Contract negotiations . 3. Personnel matters. 4. Peer review procedures. 5. Trade secrets, as defined in s. 688.002. (2) Any portion of an in-hospital medical staff committee meeting at which information that is confidential and exempt pursuant to subsection (1) is discussed is exempt from s . 286.011 and s. 24(b), Art . I of the State Constitution. A complete recording and transcript must be made of any portion of a meeting which is closed pursuant to this subsection, and any closed portion of such meeting may not be held off the record . The recordings and transcripts of the closed portion of a meeting are exempt from s . 119 .07(1) and s . 24(a), Art. I of the 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 State Constitution . (3) This section is subject to the Open Government Sunset Review Act in accordance with s. 119.15 and shall stand repealed on October 2, 2027, unless reviewed and saved from repeal through reenactment by the Legislature . Section 2. (1) The Legislature finds that it is a public necessity that the records held by in-hospital medical staff committees including, but not limited to, medical executive committees and credentialing committees, or agents thereof, of public hospitals which contain individually identifiable health information; the personal identifying information of hospital personnel; and information relating to pending legal matters, contract negotiations, personnel matters, peer review procedures, and trade secrets be made confidential and exempt from disclosure under s . 119 .07(1), Florida Statutes, and s. 24(a), Article I of the State Constitution . The Legislature also finds that subjecting the records of these in-hospital medical staff committees to the public records requirements could cause unnecessary harm to individuals whose personal identifying information and confidential health information are revealed and would impair public hospitals from effectively competing in the marketplace against private hos

FAQs

What happens to the exemptions under the Open Government Sunset Review Act?

The section is subject to Open Government Sunset Review and stands repealed on October 2, 2027 unless reviewed and saved from repeal through reenactment by the Legislature.

Sep 28, 2026

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