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IDENTITY OF THE AMICUS AND THEIR INTEREST IN THE CASE

Amicus Curiae, Florida Hospital Association, Inc. ("FHA") is a Florida

nonprofit trade association that represents over 150 hospitals and health systems in

Florida. FHA represents member hospitals and health systems on matters of

common interest before all three branches of government, particularly with respect

to regulations that impact the members. FHA regularly appears as amicus curiae

before Florida courts to address issues that apply to its members and that relate to

the complex regulatory structure governing its members’ provision of healthcare

services in Florida. The issues that Petitioner raises in this proceeding concerning

Amendment 7 are vitally important to FHA and its members.

SUMMARY OF THE ARGUMENT

Amendment 7 was enacted as a means of allowing patients access to more

information about "adverse medical incidents," so that they could make better

choices for health care services. Regardless of whether the Amendment was

intended to be self-executing, in its effort to reshape the existing confidentiality

protections for incident reporting, risk management, peer review and credentialing,

it injected ambiguities and uncertainty into the process, thereby making legislative

implementation appropriate. The Legislature therefore enacted section 381.028, to

provide a clear and rationale framework for implementing the Amendment in a

way that would eliminate questions about which records must be produced, to

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