Florida Statute 400.119 | Lawyer Caselaw & Research

The 2024 Florida Statutes

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 Citing Statute 400.119

Total Results: 7

Tandem Healthcare, Inc. v. Benjamin

Court: District Court of Appeal of Florida | Date Filed: 2007-11-21

Citation: 969 So. 2d 519, 2007 WL 4126518

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

TAMPA MEDICAL ASSOCS. v. Estate of Torres

Court: District Court of Appeal of Florida | Date Filed: 2005-05-25

Citation: 903 So. 2d 259

Snippet: statute, specifically sections 400.118(2)(c) and 400.119(1), Florida Statutes (2003), and therefore, the

Mariner Health Care of Metrowest, Inc. v. Best

Court: District Court of Appeal of Florida | Date Filed: 2004-07-30

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

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

1620 Health Partners, LC v. Fluitt

Court: District Court of Appeal of Florida | Date Filed: 2002-11-20

Citation: 830 So. 2d 935, 2002 WL 31557951

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

Sholtz v. State Ex Rel. Ben Hur Life Ass'n

Court: Supreme Court of Florida | Date Filed: 1935-12-20

Citation: 165 So. 39, 122 Fla. 249

Snippet: S.C.A. 5th Circuit); Smith v. Hall, 94 W. Va. 400, 119 S.E. 166; Voorhies v. City of Houston, 70 Tex

State Ex Rel. Dupont-Ball, Inc. v. Livingston

Court: Supreme Court of Florida | Date Filed: 1932-01-12

Citation: 139 So. 360, 104 Fla. 33

Snippet: C.C.A. 5th Circuit); Smith v. Hall, 94 W. Va. 400, 119 S.E. 166; Voorhies v. City of Houston, 70 Tex

State Ex Rel. National Discount Corp. v. Livingston

Court: Supreme Court of Florida | Date Filed: 1931-12-11

Citation: 139 So. 364, 103 Fla. 841

Snippet: judgment. State ex rel. Smith v. Hall, 94 W. Va. 400, 119 S.E. 166. It is also held that a proceeding by