CODING: Words stricken are deletions; words underlined are additions.House Bill 1437
Florida House of Representatives - 1997 HB 1437
By Representative Saunders
1 A bill to be entitled
2 An act relating to public records and meetings;
3 amending s. 408.7056, F.S.; providing an
4 exemption from public records requirements for
5 certain information relating to grievances
6 before a provider and subscriber assistance
7 panel; providing an exemption from public
8 meetings requirements for certain meetings in
9 which such grievances are heard; providing for
10 future review and repeal; providing a finding
11 of public necessity; providing an effective
12 date.
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14 Be It Enacted by the Legislature of the State of Florida:
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16 Section 1. Subsection (6) is added to section
17 408.7056, Florida Statutes, 1996 Supplement, to read:
18 408.7056 Statewide Provider and Subscriber Assistance
19 Program.--
20 (6)(a) Any information which would identify a
21 subscriber or the spouse, relative, or guardian of a
22 subscriber which is contained in a document or report prepared
23 or reviewed by the panel or obtained by the agency pursuant to
24 this section is confidential and exempt from the provisions of
25 s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
26 (b) Meetings of the panel shall be open to the public
27 unless the provider or subscriber whose grievance will be
28 heard requests a closed meeting and the agency or the
29 Department of Insurance determines that information of a
30 sensitive personal nature may be revealed at the panel
31 meeting, in which case the meeting shall be exempt from the
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CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 1437
550-145-97
1 provisions of s. 286.011, Florida Statutes, and s. 24(b), Art.
2 I of the State Constitution.
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4 This subsection is subject to the Open Government Sunset
5 Review Act of 1995 in accordance with s. 119.15, Florida
6 Statutes, and shall stand repealed on October 2, 2002, unless
7 reviewed and saved from repeal by reenactment of the
8 Legislature.
9 Section 2. The Legislature finds that it is a public
10 necessity that information of a sensitive personal nature
11 concerning individuals be protected when the release of such
12 information would be defamatory to such individuals or cause
13 unwarranted damage to the good name or reputation of such
14 individuals. In addition, the Legislature finds that it is a
15 public necessity that records be protected and meetings be
16 closed to the public when administration of a governmental
17 program otherwise would be significantly impaired. The
18 documents and reports prepared and reviewed by the provider
19 and subscriber assistance panel will include medical records
20 and other information of a sensitive personal nature relating
21 to subscribers and their families. The release of such
22 information would be defamatory to such individuals or may
23 cause unwarranted damage to the name or reputation of such
24 individuals. Further, the willingness of a subscriber or
25 provider to bring an unresolved grievance before the panel may
26 be impeded unless, when requested by the provider or
27 subscriber, panel meetings are closed to the public. The
28 unwillingness of subscribers and providers to bring unresolved
29 grievances before the panel would interfere with the
30 administration of the Statewide Provider and Subscriber
31 Assistance Program by the Agency for Health Care
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CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 1437
550-145-97
1 Administration and reduce the effectiveness of the provider
2 and subscriber assistance panels.
3 Section 3. This act shall take effect on the same date
4 as House Bill or similar legislation takes effect, if such
5 legislation is adopted in the same legislative session or an
6 extension thereof.
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9 HOUSE SUMMARY
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Provides an exemption from public records requirements
11 for information which would identify a subscriber or
certain other persons, in a grievance proceeding before a
12 managed care provider and subscriber assistance panel.
Provides an exemption from public meetings requirements,
13 upon request, for a meeting of the panel where a managed
care provider's or subscriber's grievance is heard.
14 Provides for future review and repeal.
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