House Bill hb2003e1

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                                      HB 2003, First Engrossed/ntc



  1                      A bill to be entitled

  2         An act relating to the confidentiality of

  3         information relating to the not-for-profit

  4         corporation which governs and operates the

  5         Florida Alzheimer's Center and Research

  6         Institute or its subsidiaries; providing

  7         exemptions from the public records and meetings

  8         provisions of the Florida Constitution and

  9         Florida law for certain records and meetings of

10         the not-for-profit corporation governing and

11         operating the Florida Alzheimer's Center and

12         Research Institute and of certain records and

13         meetings of subsidiaries of such not-for-profit

14         corporation; providing a statement of public

15         necessity for such exemptions; providing a

16         contingent effective date.

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

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20         Section 1.  (1)(a)  Records of the not-for-profit

21  corporation governing and operating the Florida Alzheimer's

22  Center and Research Institute and of its subsidiaries are

23  public records unless made confidential or exempt by law.

24         (b)  Proprietary confidential business information is

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

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

27  Constitution.  However, the Auditor General, the Office of

28  Program Policy Analysis and Government Accountability, and the

29  State Board of Education, pursuant to their oversight and

30  auditing functions, must be given access to all proprietary

31  confidential business information upon request and without


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                                      HB 2003, First Engrossed/ntc



  1  subpoena and must maintain the confidentiality of information

  2  so received. As used in this paragraph, the term "proprietary

  3  confidential business information" means information,

  4  regardless of its form or characteristics, which is owned or

  5  controlled by the not-for-profit corporation or its

  6  subsidiaries; is intended to be and is treated by the

  7  not-for-profit corporation or its subsidiaries as private and

  8  the disclosure of which would harm the business operations of

  9  the not-for-profit corporation or its subsidiaries; has not

10  been intentionally disclosed by the corporation or its

11  subsidiaries unless pursuant to law, an order of a court or

12  administrative body, a legislative proceeding pursuant to s.

13  5, Art. III of the State Constitution, or a private agreement

14  that provides that the information may be released to the

15  public; and which is information concerning:

16         1.  Internal auditing controls and reports of internal

17  auditors;

18         2.  Matters reasonably encompassed in privileged

19  attorney-client communications;

20         3.  Contracts for managed-care arrangements, including

21  preferred provider organization contracts, health maintenance

22  organization contracts, and exclusive provider organization

23  contracts, and any documents directly relating to the

24  negotiation, performance, and implementation of any such

25  contracts for managed-care arrangements;

26         4.  Bids or other contractual data, banking records,

27  and credit agreements, the disclosure of which would impair

28  the efforts of the not-for-profit corporation or its

29  subsidiaries to contract for goods or services on favorable

30  terms;

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                                      HB 2003, First Engrossed/ntc



  1         5.  Information relating to private contractual data,

  2  the disclosure of which would impair the competitive interest

  3  of the provider of the information;

  4         6.  Corporate officer and employee personnel

  5  information;

  6         7.  Information relating to the proceedings and records

  7  of credentialing panels and committees and of the governing

  8  board of the not-for-profit corporation or its subsidiaries

  9  relating to credentialing;

10         8.  Minutes of meetings of the governing board of the

11  not-for-profit corporation and its subsidiaries, except

12  minutes of meetings open to the public pursuant to subsection

13  (2);

14         9.  Information that reveals plans for marketing

15  services that the corporation or its subsidiaries reasonably

16  expect to be provided by competitors;

17         10.  Trade secrets as defined in s. 688.002, Florida

18  Statutes, including reimbursement methodologies or rates; or

19         11.  The identity of donors or prospective donors of

20  property who wish to remain anonymous or any information

21  identifying such donors or prospective donors.  The anonymity

22  of these donors or prospective donors must be maintained in

23  the auditor's report.

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25  As used in this paragraph, the term "managed care" means

26  systems or techniques generally used by third-party payors or

27  their agents to affect access to and control payment for

28  health care services. Managed-care techniques most often

29  include one or more of the following:  prior, concurrent, and

30  retrospective review of the medical necessity and

31  appropriateness of services or site of services; contracts


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                                      HB 2003, First Engrossed/ntc



  1  with selected health care providers; financial incentives or

  2  disincentives related to the use of specific providers,

  3  services, or service sites; controlled access to and

  4  coordination of services by a case manager; and payor efforts

  5  to identify treatment alternatives and modify benefit

  6  restrictions for high-cost patient care.

  7         (2)  Meetings of the governing board of the

  8  not-for-profit corporation and meetings of the subsidiaries of

  9  the not-for-profit corporation at which the expenditure of

10  dollars appropriated to the not-for-profit corporation by the

11  state are discussed or reported must remain open to the public

12  in accordance with s. 286.011, Florida Statutes, and s. 24(b),

13  Art. I of the State Constitution, unless made confidential or

14  exempt by law. Other meetings of the governing board of the

15  not-for-profit corporation and of the subsidiaries of the

16  not-for-profit corporation are exempt from s. 286.011, Florida

17  Statutes, and s. 24(b), Art. I of the State Constitution.

18         Section 2.  (1)  The Legislature finds that the state

19  has provided for a substantial investment of public funds in

20  the not-for-profit corporation known as the Florida

21  Alzheimer's Center and Research Institute. Because of the high

22  incidence of Alzheimer's disease in this state, the

23  Legislature recognizes the need for the public to have access

24  to the services provided by the not-for-profit corporation or

25  its subsidiaries and it further recognizes the need for the

26  not-for-profit corporation to fulfill its mission in

27  Alzheimer's disease research and teaching. It is also the

28  intent of the Legislature that the not-for-profit corporation

29  or its subsidiaries not be at a disadvantage in a competitive

30  health care environment. It is further the intent of the

31  Legislature that the not-for-profit corporation and its


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                                      HB 2003, First Engrossed/ntc



  1  subsidiaries have the freedom to act in all regards as a

  2  private not-for-profit corporation.

  3         (2)  The Legislature finds that it is a public

  4  necessity that certain records of the not-for-profit

  5  corporation or its subsidiaries which contain proprietary

  6  confidential business information regarding internal policies

  7  or operations, attorney-client communications, contracts and

  8  contract negotiation, personnel information, certain

  9  proceedings and records and minutes, marketing and strategic

10  plans, trade secrets, and donor information be held

11  confidential and exempt from disclosure. These exemptions are

12  necessary because these records contain information that, if

13  disclosed, would adversely impact the not-for-profit

14  corporation or its subsidiaries in the competitive health care

15  environment. Disclosure of such information would place the

16  not-for-profit corporation or its subsidiaries on an unequal

17  footing in the marketplace as compared with private health

18  care providers that are not required to disclose such

19  confidential information. It is, likewise, a public necessity

20  that the meetings of the governing board of the not-for-profit

21  corporation and its subsidiaries at which the expenditure of

22  public dollars appropriated by the Legislature is discussed or

23  reported be open to the public. It is no less a public

24  necessity that other meetings of the governing board of the

25  not-for-profit corporation and of the governing boards of

26  subsidiaries be closed in order to protect the competitive

27  interest of the not-for-profit corporation or its subsidiaries

28  and to guarantee the ability of the not-for-profit corporation

29  to fulfill its Alzheimer's disease research and teaching

30  mission for the benefit of the public.

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                                      HB 2003, First Engrossed/ntc



  1         Section 3.  This act shall take effect July 1, 2002, if

  2  HB 2009 or similar legislation is adopted in the same

  3  legislative session or an extension thereof and becomes law.

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