The Florida Senate

409.91196  Supplemental rebate agreements; confidentiality of records and meetings.--

(1)  Trade secrets, rebate amount, percent of rebate, manufacturer's pricing, and supplemental rebates which are contained in records of the Agency for Health Care Administration and its agents with respect to supplemental rebate negotiations and which are prepared pursuant to a supplemental rebate agreement under ¹s. 409.91195 are confidential and exempt from s. 119.07 and s. 24(a), Art. I of the State Constitution.

(2)  Those portions of meetings of the Medicaid Pharmaceutical and Therapeutics Committee at which trade secrets, rebate amount, percent of rebate, manufacturer's pricing, and supplemental rebates are disclosed for discussion or negotiation of a supplemental rebate agreement under ¹s. 409.91195 are exempt from s. 286.011 and s. 24(b), Art. I of the State Constitution.

(3)  Subsections (1) and (2) are subject to the Open Government Sunset Review Act of 1995 in accordance with s. 119.15, and shall stand repealed on October 2, 2006, unless reviewed and saved from repeal through reenactment by the Legislature.

History.--ss. 1, 3, ch. 2001-216.

¹Note.--Section 409.91195 relates to establishment of a preferred drug formulary. Agency authority to negotiate supplemental rebate agreements is located in s. 409.912(37)(a)7.