House Bill 1591

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    Florida House of Representatives - 2000                HB 1591

        By Representative Lawson






  1                      A bill to be entitled

  2         An act relating to public records; providing an

  3         exemption from public records requirements for

  4         certain information and documents pertaining to

  5         petitions relating to joint negotiations

  6         between health care providers and health care

  7         insurers; providing exceptions; providing

  8         requirements; providing for future review and

  9         repeal; providing a finding of public

10         necessity; providing an effective date.

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

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14         Section 1.  Sections 11, 12, 13, 14, and 15 of the

15  Health Care Provider Joint Negotiation Act, as created in

16  HB     , are renumbered as sections 12, 13, 14, 15, and 16,

17  respectively, and section 11 is added to said act, to read:

18         Section 11.  Confidentiality and disclosure.--

19         (1)  All information, documents, and copies of such

20  information or documents obtained by or disclosed to the

21  Attorney General or any other person in a petition under

22  section 10 or pursuant to a request for supplemental

23  information under paragraph(2)(c) of section 10 are

24  confidential and exempt from the provisions of s. 119.07(1),

25  Florida Statutes, and s. 24(a), Art. I of the State

26  Constitution, shall not be subject to subpoena, and shall not

27  be made public or otherwise disclosed by the Attorney General

28  or any other person without the written consent of the

29  petitioners to whom the information pertains, except as

30  provided in subsection (2).

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    Florida House of Representatives - 2000                HB 1591

    113-292-00






  1         (2)(a)  In the case of a petition under paragraph

  2  (1)(a) or paragraph (1)(b) of section 10, the Attorney General

  3  may disclose the information required to be submitted pursuant

  4  to subparagraphs (1)(a)1., 2., 3., and 4. and subparagraphs

  5  (1)(b)1. and 2. of section 10.

  6         (b)  The Attorney General may disclose provider

  7  contracts negotiated under this act provided that the Attorney

  8  General removes or redacts those provider contract provisions

  9  that contain payment rates and fees. The Attorney General may

10  disclose payment rates and fees to the Insurance Commissioner,

11  the insurance department of another state, a law enforcement

12  official of this state or any other state, or any agency of

13  the Federal Government, so long as the agency or office

14  receiving the information agrees in writing to hold such

15  information confidential and in a manner consistent with this

16  act.

17         (3)  This section is subject to the Open Government

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

19  Florida Statutes, and shall stand repealed on October 2, 2004,

20  unless reviewed and saved from repeal through reenactment by

21  the Legislature.

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

23  necessity that fundamental determinations regarding antitrust

24  concerns necessitate review of information that is complete

25  and candid. The reliability and durability of such

26  determinations will be enhanced if all participants in the

27  process are relieved of concern that proprietary information

28  might be disclosed and used to interfere with or negatively

29  affect the efficient and effective provision of health care

30  services. The capacity of each component of the health care

31  delivery system to maximize its ability to function outweighs

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    Florida House of Representatives - 2000                HB 1591

    113-292-00






  1  the potential and limited benefits of disseminating such

  2  proprietary information.

  3         Section 3.  This act shall take effect October 1, 2000.

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  6                          HOUSE SUMMARY

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      Provides an exemption from public records requirements
  8    for information and documents pertaining to petitions
      relating to joint negotiations between health care
  9    providers and health care insurers. Provides for future
      review and repeal.
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