CODING: Words stricken are deletions; words underlined are additions.House Bill 1437c1
Florida House of Representatives - 1997 CS/HB 1437
By the Committee on Health Care Standards & Regulatory
Reform and 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 which discloses the subscriber's
31 medical treatment or history; or information which constitutes
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Florida House of Representatives - 1997 CS/HB 1437
601-121-97
1 a trade secret as defined by s. 812.081; or information
2 relating to internal risk management programs as defined in s.
3 641.55(5)(c), (6), and (8) may be revealed at the panel
4 meeting, in which case the meeting shall be exempt from the
5 provisions of s. 286.011, Florida Statutes, and s. 24(b), Art.
6 I of the State Constitution.
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8 This subsection is subject to the Open Government Sunset
9 Review Act of 1995 in accordance with s. 119.15, Florida
10 Statutes, and shall stand repealed on October 2, 2002, unless
11 reviewed and saved from repeal by reenactment of the
12 Legislature.
13 Section 2. The Legislature finds that it is a public
14 necessity that information of a sensitive personal nature
15 concerning individuals be protected when the release of such
16 information would be defamatory to such individuals or cause
17 unwarranted damage to the good name or reputation of such
18 individuals. In addition, the Legislature finds that it is a
19 public necessity that records be protected and meetings be
20 closed to the public when administration of a governmental
21 program otherwise would be significantly impaired. The
22 documents and reports prepared and reviewed by the provider
23 and subscriber assistance panel will include medical records
24 and other information of a sensitive personal nature relating
25 to subscribers and their families. The release of such
26 information would be defamatory to such individuals or may
27 cause unwarranted damage to the name or reputation of such
28 individuals. Further, the willingness of a subscriber or
29 provider to bring an unresolved grievance before the panel may
30 be impeded unless, when requested by the provider or
31 subscriber, panel meetings are closed to the public. The
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Florida House of Representatives - 1997 CS/HB 1437
601-121-97
1 unwillingness of subscribers and providers to bring unresolved
2 grievances before the panel would interfere with the
3 administration of the Statewide Provider and Subscriber
4 Assistance Program by the Agency for Health Care
5 Administration and reduce the effectiveness of the provider
6 and subscriber assistance panels.
7 Section 3. This act shall take effect upon becoming a
8 law.
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