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House Bill 1685

Florida House of Representatives - 1997 HB 1685 By Representative Murman 1 A bill to be entitled 2 An act relating to public hospital records and 3 meetings; amending s. 395.3035, F.S.; defining 4 "strategic plans" for purposes of provisions 5 which provide for the confidentiality of such 6 plans and of meetings relating thereto; 7 providing an effective date. 8 9 Be It Enacted by the Legislature of the State of Florida: 10 11 Section 1. Section 395.3035, Florida Statutes, 1996 12 Supplement, is amended to read: 13 395.3035 Confidentiality of public hospital records 14 and meetings.-- 15 (1) All meetings of a governing board of a public 16 hospital and all public hospital records shall be open and 17 available to the public in accordance with s. 286.011 and s. 18 24(b), Art. I of the State Constitution and chapter 119 and s. 19 24(a), Art. I of the State Constitution, respectively, unless 20 made confidential or exempt by law. 21 (2) The following public hospital records and 22 information are confidential and exempt from the provisions of 23 s. 119.07(1) and s. 24(a), Art. I of the State Constitution: 24 (a) Contracts for managed care arrangements, as 25 managed care is defined in s. 408.701, under which the public 26 hospital provides health care services, including preferred 27 provider organization contracts, health maintenance 28 organization contracts, exclusive provider organization 29 contracts, and alliance network arrangements, and any 30 documents directly relating to the negotiation, performance, 31 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1685 583-102B-97 1 and implementation of any such contracts for managed care or 2 alliance network arrangements. 3 (b) A public hospital's strategic plans, including 4 plans for marketing its services, which services are or may 5 reasonably be expected by the hospital's governing board to be 6 provided by competitors of the hospital. However, documents 7 that are submitted to the hospital's governing board as part 8 of the board's approval of the hospital's budget, and the 9 budget itself, are not confidential and exempt. 10 (c) Trade secrets, as defined in s. 688.002, including 11 reimbursement methodologies and rates. 12 (d) Documents, offers, and contracts, not including 13 contracts for managed care, that are the product of 14 negotiations with nongovernmental entities for the payment for 15 services when such negotiations concern services that are or 16 may reasonably be expected by the hospital's governing board 17 to be provided by competitors of the hospital. If the 18 governing board is required to vote on the documents, offers, 19 or contracts, this exemption expires 30 days prior to the date 20 of the meeting at which the hospital's governing board is 21 scheduled to take the vote. 22 (3) Those portions of a governing board meeting at 23 which negotiations for contracts with nongovernmental entities 24 occur or are reported on when such negotiations or reports 25 concern services that are or may reasonably be expected by the 26 hospital's governing board to be provided by competitors of 27 the hospital are exempt from the provisions of s. 286.011 and 28 s. 24(b), Art. I of the State Constitution. All governing 29 board meetings at which the board is scheduled to vote to 30 accept, reject, or amend contracts, except managed care 31 contracts, shall be open to the public. All portions of any 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1685 583-102B-97 1 board meeting which are closed to the public shall be recorded 2 by a certified court reporter. The reporter shall record the 3 times of commencement and termination of the meeting, all 4 discussion and proceedings, the names of all persons present 5 at any time, and the names of all persons speaking. No 6 portion of the meeting shall be off the record. The court 7 reporter's notes shall be fully transcribed and maintained by 8 the hospital records custodian within a reasonable time after 9 the meeting. The transcript shall become public 1 year after 10 the termination or completion of the term of the contract to 11 which such negotiations relate or, if no contract was 12 executed, 1 year after termination of the negotiations. 13 (4) Those portions of a board meeting at which the 14 written strategic plans, including written plans for marketing 15 its services, are discussed or reported on are exempt from the 16 provisions of s. 286.011 and s. 24(b), Art. I of the State 17 Constitution. All portions of any board meeting which are 18 closed to the public shall be recorded by a certified court 19 reporter. The reporter shall record the times of commencement 20 and termination of the meeting, all discussion and 21 proceedings, the names of all persons present at any time, and 22 the names of all persons speaking. No portion of the meeting 23 shall be off the record. The court reporter's notes shall be 24 fully transcribed and maintained by the hospital records 25 custodian within a reasonable time after the meeting. The 26 transcript shall become public 3 years after the date of the 27 board meeting. 28 (5) As used in this section, "strategic plans" means 29 any plan to: 30 (a) Initiate or acquire a new health service; 31 (b) Expand an existing health service; 3 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1685 583-102B-97 1 (c) Acquire additional facilities; 2 (d) Expand existing facilities; 3 (e) Change all or part of the use of an existing 4 facility or a newly acquired facility; 5 (f) Acquire, merge, or consolidate with another health 6 care facility or health care provider; 7 (g) Enter into a shared service arrangement with 8 another health care provider; 9 (h) Enter into a transaction permitted by s. 155.40; 10 (i) Market the services of the hospital and its 11 ancillary facilities; or 12 (j) Any combination of the plans specified in 13 paragraphs (a)-(i). 14 (6)(5) Any public records, such as tape recordings, 15 minutes, and notes, generated at any governing board meeting 16 or portion of a governing board meeting which is closed to the 17 public pursuant to this section are confidential and exempt 18 from the provisions of s. 119.07(1) and s. 24(a), Art. I of 19 the State Constitution. All such records shall be retained 20 and shall cease to be exempt at the same time as the 21 transcript of the meeting becomes available to the public. 22 (7)(6)(a) No less than once every 3 months, the 23 hospital shall report in writing to the governing board on the 24 number of records for which a public records request has been 25 made and the records have been declared to be confidential 26 under the provisions of this section. For each such record, 27 the hospital shall provide the governing board with a general 28 description of the record, the date on which the record became 29 confidential, whether the public will have access to the 30 record at a future time, and, if so, on what date the public 31 will be granted access to such record. The hospital shall 4 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1685 583-102B-97 1 also report in writing to the governing board each record that 2 had been confidential to which the public has been granted 3 access since the hospital's last report to the board. For 4 each such record to which the public now has access, the 5 hospital shall give a general description of the record and 6 the date on which the record became confidential. The 7 governing board of the hospital shall retain copies of these 8 reports for 5 years from the date on which the report was made 9 to the governing board of the hospital. If the governing 10 board of a public hospital is comprised of members who are 11 appointed, the board shall transmit each report to the 12 official or authority that appoints the members to the 13 governing board within 10 working days after the date on which 14 the governing board received the report from the hospital. 15 (b) The governing board of the hospital shall maintain 16 a written list of the meetings or portions of meetings that 17 were closed under the provisions of this section. For each 18 such meeting or portion of meeting, the governing board shall 19 list the date on which the meeting was closed, the approximate 20 length of time the meeting was closed, a general description 21 of the subject of the meeting, the titles of the meeting 22 participants, and a description of the format of the meeting. 23 The governing board may purge information about a meeting from 24 this list 5 years after the date on which the meeting was 25 closed. If the governing board of a public hospital is 26 comprised of members who are appointed, the board shall 27 transmit the list required by this paragraph to the official 28 or authority that appoints the members to the governing board 29 no less than once every 3 months. 30 Section 2. This act shall take effect upon becoming a 31 law. 5 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1685 583-102B-97 1 ***************************************** 2 HOUSE SUMMARY 3 Defines "strategic plans" for purposes of provisions 4 which provide for the confidentiality of a public hospital's strategic plans and of meetings relating 5 thereto. 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 6