Florida Statute 400.119 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXIX
PUBLIC HEALTH

Chapter 400
NURSING HOMES AND RELATED HEALTH CARE FACILITIES

View Entire Chapter

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 CourtListener

Amendments to 400.119

Annotations, Discussions, Cases:

Cases Citing Statute 400.119

Total Results: 4

1620 Health Partners, LC v. Fluitt

830 So. 2d 935, 2002 WL 31557951

District Court of Appeal of Florida | Filed: Nov 20, 2002 | Docket: 1516828

Cited 5 times | Published

regulatory compliance with the regulation. Section 400.119, Florida Statutes (2001), provides for confidentiality

TAMPA MEDICAL ASSOCS. v. Estate of Torres

903 So. 2d 259, 2005 WL 1225437

District Court of Appeal of Florida | Filed: May 25, 2005 | Docket: 1258020

Cited 4 times | Published

reports are protected from discovery by section 400.119. Section 400.119(1) provides for the confidentiality

Tandem Healthcare, Inc. v. Benjamin

969 So. 2d 519, 2007 WL 4126518

District Court of Appeal of Florida | Filed: Nov 21, 2007 | Docket: 1403683

Cited 1 times | Published

in question are protected from discovery by section 400.119, Florida Statutes (2006) (providing for confidentiality

Mariner Health Care of Metrowest, Inc. v. Best

879 So. 2d 65, 2004 Fla. App. LEXIS 11329, 2004 WL 1698241

District Court of Appeal of Florida | Filed: Jul 30, 2004 | Docket: 64832073

Published

QUASHED. PETERSON and PALMER, JJ., concur. . Section 400.119(1), Florida Statutes (2003), provides for confidentiality

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. Attorney Syfert regularly works with Chapter 400 in the context of nursing home negligence and represents clients throughout Northeast Florida. For legal consultation, call 904-383-7448.