Florida Statutes
Fla. Stat. § 400.119 (2025)
Confidentiality of records and meetings of risk management and quality assurance committees.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 4
cases, 2002–2007 · leading case: Tampa Med. Assocs. v. Est. of Torres, 903 So. 2d 259 (Fla. 2d DCA 2005).
Tampa Med. Assocs. v. Est. of Torres, 903 So. 2d 259 (Fla. 2d DCA 2005). “118, as previously discussed, we also reject Mariner's argument that the reports are protected from discovery by section 400.119. Section 400.119(1) provides for the confidentiality of the records and meetings of risk management and quality assurance committees as well as…”
1620 Health Partners, LC v. Fluitt, 830 So. 2d 935 (Fla. 4th DCA 2002). “, 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 from § 119.”
Mariner Health Care of Metrowest, Inc. v. Best, 879 So. 2d 65 (Fla. 5th DCA 2004). “Section 400.119(1), Florida Statutes (2003), provides for confidentiality of “[r]ecords of meetings of the risk management and quality assurance committee of a long-term care facility .”
Tandem Healthcare, Inc. v. Benjamin, 969 So. 2d 519 (Fla. 4th DCA 2007). “" Unless Amendment 7 applies, the documents in question are protected from discovery by section 400.119, Florida Statutes (2006) (providing for confidentiality of incident reports) and section 400.”
— 400.119(1) — 2 cases
Tampa Med. Assocs. v. Est. of Torres, 903 So. 2d 259 (Fla. 2d DCA 2005). “118, as previously discussed, we also reject Mariner's argument that the reports are protected from discovery by section 400.119. Section 400.119(1) provides for the confidentiality of the records and meetings of risk management and quality assurance committees as well as…”
Mariner Health Care of Metrowest, Inc. v. Best, 879 So. 2d 65 (Fla. 5th DCA 2004). “Section 400.119(1), Florida Statutes (2003), provides for confidentiality of “[r]ecords of meetings of the risk management and quality assurance committee of a long-term care facility .”
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