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Senate Bill 0166

Florida Senate - 1998 SB 166 By Senator Brown-Waite 10-173-98 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 that would identify a 25 subscriber or the spouse, relative, or guardian of a 26 subscriber and that is contained in a document, report, or 27 record prepared or reviewed by the panel or obtained by the 28 agency under 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. Florida Senate - 1998 SB 166 10-173-98 1 (b) Meetings of the panel must 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, information that constitutes a 7 trade secret as defined by s. 812.081, or information relating 8 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 the sensitive personal information, trade secret 12 information, or internal risk management program information 13 is discussed is exempt from the provisions of s. 286.011 and 14 s. 24(b), Art. I of the State Constitution. All closed 15 meetings shall be recorded by a certified 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 the 24 information would be defamatory to the individuals or cause 25 unwarranted damage to the good name or reputation of the 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. Florida Senate - 1998 SB 166 10-173-98 1 and other information of a sensitive personal nature relating 2 to subscribers and their families. The release of the 3 information would be defamatory to the individuals or may 4 cause unwarranted damage to the name or reputation of the 5 individuals. It is also a public necessity that portions of a 6 meeting of the panel be closed when sensitive personal 7 information is discussed, or when information relating to 8 trade secrets or internal risk management programs is 9 discussed. If the 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; would reveal 12 a trade secret, thus negatively impacting the business 13 interests of those providing the information in the 14 marketplace and causing competitors to gain an unfair 15 advantage; or reveal details regarding an internal risk 16 management program, thus undermining the medical quality 17 assurance process and inhibiting the peer review process. 18 Further, such internal risk management program information is 19 otherwise exempt from public disclosure. It is clear that the 20 willingness of a subscriber or provider to bring an unresolved 21 grievance before the panel may be impeded unless, when 22 requested by the provider or subscriber, those portions of 23 panel meetings during which the information is discussed are 24 closed to the public to avoid disclosure of the information. 25 The unwillingness of subscribers and providers to bring 26 unresolved grievances before the panel would interfere with 27 the administration of the Statewide Provider and Subscriber 28 Assistance Program by the Agency for Health Care 29 Administration and reduce the effectiveness of the provider 30 and subscriber assistance panels. 31 3 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 166 10-173-98 1 Section 3. This act shall take effect upon becoming a 2 law. 3 4 ***************************************** 5 LEGISLATIVE SUMMARY 6 Provides an exemption from public records requirements for information that would identify a subscriber or 7 certain other persons in a grievance proceeding before a managed care provider and subscriber assistance panel. 8 Provides an exemption from public meetings requirements, upon request, for a meeting of the panel when a managed 9 care provider's or subscriber's grievance is heard. Provides for future review and repeal. Provides a finding 10 of public necessity. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 4