Florida PDMP Data Request Follow-up

HIJ Action Lab filed this request with the Department of Health of Florida.
Status
Completed

Communications

From: HIJ Action Lab

To Whom it May Concern,

Our research team had sent this request a few months back and did not receive any login information to access our request. The record number was P054978 - 100419. If this record request cannot be nor can login information be provided for it, I would like to file another request with information regarding on how to login. Thank you and hope y'all are staying well.

Best,

Sarah Seymour
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Northeastern University’s School of Social Justice and Health Equity is interested in the state’s prescription monitoring program, the E-FORCSE Aware. Specifically, we want to learn more about law enforcement access to the database, the use of an algorithm that produces a risk assessment score to analyze its contents, and the data access and retention rules governing the system. We understand the algorithm was produced by the corporation Appriss Health.

In order to permit the public to understand how the Florida Department of Health is using the E-FORCSE Aware, and how it impacts public health and civil liberties in Florida, Northeastern University’s Health in Justice Action Lab is making this request under the Article I, section 24 of the Florida Constitution, and chapter 119, F.S., for the following records:

1. Any and all memoranda of understanding between the Florida Department of Health and any outside entity regarding the E-FORCSE Aware;

2. Any and all research, technical reports, or internal audits that evaluate the Appriss risk assessment tool’s effectiveness or performance;

3. Any document containing a full list of the data fields in the E-FORCSE Aware;

4. I look forward to receiving your response to this request within 10 days as requested by the statute.
5. Any record showing the number of patients in the E-FORCSE Aware by quarter and year (2006-present);

6. Any record showing the number of prescribers and pharmacists in the E-FORCSE Aware by quarter and year (2006-present);

7. Any and all records of de-identified red flag algorithm outputs (e.g. provider red flag, pharmacy red flag, 40 MED red flag) and patient behavioral red flags (e.g., anxious patient demeanor, distance between prescriber and dispenser) with prescriber/dispenser training documentation on how to address the red flags;

8. Any and all internal policy, memoranda, and/or training documentation describing how entities outside of Florida Department of Health , including law enforcement, may obtain access to information in the E-FORCSE Aware, including but not limited to the rules, regulations, and procedures of the Medical Review Group;

9. The legal authorization for sharing E-FORCSE Aware information with the law enforcement entities; and

10. Any and all records showing how often law enforcement entities or individuals have requested information or records from the E-FORCSE Aware, or made electronic queries of the system, including but not limited to what types of information or records have been requested, which agencies have made the requests, the percent of requests that were accepted versus denied, temporal trends, the form of the request (e.g. subpoena, warrant, etc.), and whether the requests were granted or denied.

Because this request involves a matter of public concern and because it is made on behalf of a nonprofit organization, we ask that you waive any fees. If you decide not to waive fees, we request that you permit us to examine, at our election, the responsive documents before deciding which portions to transmit. We prefer the documents in electronic format.

Should you determine that some portion of the documents requested are exempt from disclosure, please release any reasonably segregable portions that are not exempt. In addition, please note the applicable statutory exemption and explain why it applies to the redacted portions. As you know, a custodian of public records shall comply with a request within 10 days after receipt.

Thank you for your assistance. We look forward to your response.

Sincerely,

Sarah Seymour

From: Department of Health

Sarah:

Due to the size of your public records we had to burn the materials on to a disk and put them in the mail. If you have not received your records by August 17th please let us know and we will mail another disk.

Thank you,
DOH Communications

From: Department of Health

A copy of documents responsive to the request.

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