Senate Bill sb0904er
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    2001 Legislature                                 CS for SB 904
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  2         An act relating to public records and meetings;
  3         providing an exemption from the public records
  4         law for certain records relating to
  5         supplemental drug rebates; providing an
  6         exemption from the public meetings law for
  7         certain portions of meetings of the Medicaid
  8         Pharmaceutical and Therapeutics Committee;
  9         providing for future legislative review and
10         repeal; providing a statement of public
11         necessity; providing a contingent 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.  (1)  Trade secrets, rebate amount, percent
17  of rebate, manufacturer's pricing, and supplemental rebates
18  which are contained in records of the Agency for Health Care
19  Administration and its agents with respect to supplemental
20  rebate negotiations and which are prepared pursuant to a
21  supplemental rebate agreement under section 409.91195, Florida
22  Statutes, are confidential and exempt from section 119.07,
23  Florida Statutes, and Section 24(a) of Article I of the State
24  Constitution.
25         (2)  Those portions of meetings of the Medicaid
26  Pharmaceutical and Therapeutics Committee at which trade
27  secrets, rebate amount, percent of rebate, manufacturer's
28  pricing, and supplemental rebates are disclosed for discussion
29  or negotiation of a supplemental rebate agreement under
30  section 409.91195, Florida Statutes, are exempt from section
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    2001 Legislature                                 CS for SB 904
  1  286.011, Florida Statutes, and Section 24(b) of Article I of
  2  the State Constitution.
  3         Section 2.  The Legislature finds that it is a public
  4  necessity that trade secrets, rebate amount, percent of
  5  rebate, manufacturer's pricing, supplemental rebates that are
  6  contained in records, as well as meetings of the Medicaid
  7  Pharmaceutical and Therapeutics Committee at which this
  8  information is negotiated or discussed, pursuant to a
  9  supplemental rebate agreement under section 409.91195, Florida
10  Statutes, are confidential and exempt from sections 119.07 and
11  286.011, Florida Statutes, and Section 24(a) and (b) of
12  Article I of the State Constitution. Information pertaining to
13  similar agreements negotiated by pharmaceutical manufacturers
14  and the Federal Government is confidential under 42 U.S.C. s.
15  1396r-8. A supplemental rebate as a percentage of average
16  manufacture price is confidential under federal law and the
17  federal rebate could be made known if not protected in
18  Florida. Because of the protection afforded by federal law, if
19  this information is not protected in Florida, manufacturers
20  would not be willing to offer a rebate in Florida. Further,
21  the Legislature finds that the number and value of
22  supplemental rebates obtained by the agency will increase, to
23  the benefit of Medicaid recipients, if information related to
24  state supplemental rebates is protected in the records
25  received by the agency and if the meetings at which this
26  information is discussed or negotiated are closed because
27  manufacturers will be assured that they will not be placed at
28  a competitive disadvantage by the exposure of this
29  information. As a result, the agency and pharmaceutical
30  manufacturers will have frank and open communication regarding
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    2001 Legislature                                 CS for SB 904
  1  rebates, causing the number of rebates to increase, thereby
  2  benefiting Medicaid recipients and the public.
  3         Section 3.  Section (1) of this act is subject to the
  4  Open Government Sunset Review Act of 1995 in accordance with
  5  section 119.15, Florida Statutes, and shall stand repealed on
  6  October 2, 2006, unless reviewed and saved from repeal through
  7  reenactment by the Legislature.
  8         Section 4.  This act shall take effect on the same date
  9  that Committee Substitute for Senate Bill 792, or similar
10  legislation authorizing the Agency for Health Care
11  Administration to negotiate supplemental drug rebates for the
12  Medicaid program, takes effect, if such legislation is adopted
13  in the same legislative session or an extension thereof.
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