58A-1.009: Confidentiality and Disclosure of Information
PURPOSE AND EFFECT: The purpose and effect of this proposed rule is to repeal confidentiality and disclosure of information language. These requirements are included under federal and state laws; and the contracts between the department and area agencies on aging (AAAs), the AAAs with case management agencies, and the case management agencies and service providers. Therefore, the language is repetitive and unnecessary.
SUMMARY: This rule is being repealed, as the information is included under federal and state laws and the various contractual agreements among the parties noted under Purpose and Effect.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: This proposed rule repeal will not have an impact on small business as defined in Section 288.703, F.S.; therefore a statement of estimated regulatory costs has not been prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 20.41(2), 410.016(2)(k), 430.08 FS., ch. 91-115, s. 10, Laws of Florida.
LAW IMPLEMENTED: 20.41, 410.016(2)(e), 410.0295, 410.037, 410.302, 410.403, 410.605, 430.05 FS., ch. 91-115, s. 10, Laws of Florida.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Jim Crochet, Department of Elder Affairs, Office of the General Counsel, 4040 Esplanade Way, Tallahassee, Florida 32399-7000; Telephone number: (850)414-2000; Email address: crochethj@elderaffairs.org
THE FULL TEXT OF THE PROPOSED RULE IS:
58A-1.009 Confidentiality and Disclosure of Information.
(1) Information described in subsection (2) is confidential and exempt from the public records law, Section 119.07(1), F.S. It shall not be disclosed to the public in such a way as to identify the elderly person, unless written consent is provided by the elderly person or his or her guardian.
(2) Information about functionally impaired elderly or disabled adults, Alzheimer’s disease patients, or information on individuals who receive benefits from Departmental programs based on their relationship to eligible persons, where information is received by or through Department files, reports, inspections or in any other way, shall not be disclosed without express written permission from the impaired or disabled adult or the eligible party affected.
(3) This rule prohibits disclosure of information regarding the client supplied to officers and employees of the Department, to Area Agencies on Aging and their officers and employees, to persons who volunteer their services, and to persons or entities who provide service under contract with the Department, unless otherwise directed as per subsections 58A-1.009(1) and (2), F.A.C.
Specific Authority 20.41(2), 410.016(2)(k), 430.08 FS., ch. 91-115, s. 10, Laws of Florida. Law Implemented 20.41, 410.016(2)(e), 410.0295, 410.037, 410.302, 410.403, 410.605, 430.05 FS., ch. 91-115, s. 10, Laws of Florida. History–New 12-23-81, Formerly 10A-11.09, 10A-11.009, Amended 3-28-95, Repealed_______.