Florida Statutes § 400.119

“Confidentiality of records and meetings of risk management and quality assurance under the public health law”

Incident reports filed with the risk manager and administrator of a long-term care facility, notifications of the occurrence of an adverse incident, and adverse incident reports from the facility are confidential and exempt from laws providing the public the right to access records.

The meetings and records of an internal risk management and quality assurance committee of a long-term care facility are confidential and exempt from laws providing the public the right to access records.

If the Agency for Health Care Administration believes 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 to a law enforcement agency or regulatory board.

Records disclosed to a law enforcement agency remain confidential and exempt until criminal charges are filed. Records made confidential and exempt 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.