House Bill 1437e3

CODING: Words stricken are deletions; words underlined are additions.







                                   CS/HB 1437, Third Engrossed/ntc



  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 personal information in documents,

  6         reports, or records prepared or reviewed by a

  7         provider and subscriber assistance panel or

  8         obtained by the Agency for Health Care

  9         Administration; providing an exemption for

10         portions of meetings of such panels when such

11         information, or trade secret or internal risk

12         management program information, is discussed;

13         requiring recording of closed meetings;

14         providing for future review and repeal;

15         providing a finding of public necessity;

16         providing an effective date.

17

18  Be It Enacted by the Legislature of the State of Florida:

19

20         Section 1.  Subsection (6) is added to section

21  408.7056, Florida Statutes, to read:

22         408.7056  Statewide Provider and Subscriber Assistance

23  Program.--

24         (6)(a)  Any information which would identify a

25  subscriber or the spouse, relative, or guardian of a

26  subscriber which is contained in a document, report, or record

27  prepared or reviewed by the panel or obtained by the agency

28  pursuant to this section is confidential and exempt from the

29  provisions of s. 119.07(1) and s. 24(a), Art. I of the State

30  Constitution.

31


                                  1

CODING: Words stricken are deletions; words underlined are additions.






                                   CS/HB 1437, Third Engrossed/ntc



  1         (b)  Meetings of the panel shall be open to the public

  2  unless the provider or subscriber whose grievance will be

  3  heard requests a closed meeting and the agency or the

  4  Department of Insurance determines that information of a

  5  sensitive personal nature which discloses the subscriber's

  6  medical treatment or history; or information which constitutes

  7  a trade secret as defined by s. 812.081; or information

  8  relating to internal risk management programs as defined in s.

  9  641.55(5)(c), (6), and (8) may be revealed at the panel

10  meeting, in which case that portion of the meeting during

11  which such sensitive personal information, trade secret

12  information, or internal risk management program information

13  is discussed shall be exempt from the provisions of s. 286.011

14  and s. 24(b), Art. I of the State Constitution.  All closed

15  meetings shall be recorded by a cerified court reporter.

16

17  This subsection is subject to the Open Government Sunset

18  Review Act of 1995 in accordance with s. 119.15, and shall

19  stand repealed on October 2, 2003, unless reviewed and saved

20  from repeal through reenactment by the Legislature.

21         Section 2.  The Legislature finds that it is a public

22  necessity that information of a sensitive personal nature

23  concerning individuals be protected when the release of such

24  information would be defamatory to such individuals or cause

25  unwarranted damage to the good name or reputation of such

26  individuals.  In addition, the Legislature finds that it is a

27  public necessity that records be protected and meetings be

28  closed to the public when administration of a governmental

29  program otherwise would be significantly impaired.  The

30  documents and reports prepared and reviewed by the provider

31  and subscriber assistance panel will include medical records


                                  2

CODING: Words stricken are deletions; words underlined are additions.






                                   CS/HB 1437, Third Engrossed/ntc



  1  and other information of a sensitive personal nature relating

  2  to subscribers and their families.  The release of such

  3  information would be defamatory to such individuals or may

  4  cause unwarranted damage to the name or reputation of such

  5  individuals.  It is also a public necessity that portions of a

  6  meeting of the panel be closed when such sensitive personal

  7  information is discussed, or when information relating to

  8  trade secrets or internal risk management programs is

  9  discussed. If such meetings were not closed, information would

10  be released which would be defamatory to individuals or cause

11  unwarranted damage to their names or reputations; or

12  information would be released which would reveal a trade

13  secret, thus negatively impacting the business interests of

14  those providing the information in the marketplace and causing

15  competitors to gain an unfair advantage; or information would

16  be released which would reveal details regarding an internal

17  risk management program, thus undermining the medical quality

18  assurance process and inhibiting the peer review process.

19  Further, such internal risk management program information is

20  otherwise exempt from public disclosure. It is clear that the

21  willingness of a subscriber or provider to bring an unresolved

22  grievance before the panel may be impeded unless, when

23  requested by the provider or subscriber, those portions of

24  panel meetings during which such information is discussed are

25  closed to the public to avoid disclosure of such information.

26  The unwillingness of subscribers and providers to bring

27  unresolved grievances before the panel would interfere with

28  the administration of the Statewide Provider and Subscriber

29  Assistance Program by the Agency for Health Care

30  Administration and reduce the effectiveness of the provider

31  and subscriber assistance panels.


                                  3

CODING: Words stricken are deletions; words underlined are additions.






                                   CS/HB 1437, Third Engrossed/ntc



  1         Section 3.  This act shall take effect upon becoming a

  2  law.

  3

  4

  5

  6

  7

  8

  9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31


                                  4