House Bill hb0927

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    Florida House of Representatives - 2002                 HB 927

        By Representative Benson






  1                      A bill to be entitled

  2         An act relating to public records; creating s.

  3         408.7058, F.S.; exempting certain information

  4         provided to a dispute resolution organization

  5         or the Agency for Health Care Administration

  6         under certain circumstances; providing for

  7         future review or repeal under certain

  8         circumstances; specifying legislative findings

  9         of public necessity; providing a contingent

10         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.  Section 408.7058, Florida Statutes, is

15  created to read:

16         408.7058  Statewide provider and managed care

17  organization claim dispute resolution program; public records

18  exemption.--Any information of a sensitive personal nature

19  concerning the medical treatment or medical history of a

20  subscriber of a managed care organization or information

21  contained in a managed care contract of the managed care

22  organization, which is provided to a dispute resolution

23  organization or the Agency for Health Care Administration

24  pursuant to s. 408.7057 by a provider or managed care

25  organization as defined in s. 408.7057, is confidential and

26  exempt from s. 119.07(1) and s. 24(a), Art. I of the State

27  Constitution. In addition, the information is not discoverable

28  or admissible in a civil or administrative action, unless the

29  action is a disciplinary proceeding by the Agency for Health

30  Care Administration or the appropriate regulatory board. The

31  information may not be made available to the public as part of

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    Florida House of Representatives - 2002                 HB 927

    751-117-02






  1  the record of investigation or prosecution in a disciplinary

  2  proceeding which is made available by the Agency for Health

  3  Care Administration or a regulatory board. This exemption is

  4  subject to the Open Government Sunset Review Act of 1995 in

  5  accordance with s. 119.15 and shall stand repealed on October

  6  2, 2007, unless reviewed and saved from repeal through

  7  reenactment by the Legislature.

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

  9  necessity that information of a sensitive personal nature

10  concerning the medical history or medical care of a subscriber

11  of a managed care organization or information contained in a

12  managed care contract of the managed care organization, which

13  information is provided to a dispute resolution organization

14  or the Agency for Health Care Administration, be confidential

15  and exempt from public records requirements because disclosure

16  of such information is highly likely to harm the person or

17  organization to whom or which the information pertains.

18         Section 3.  This act shall take effect on the same date

19  that House Bill 293 or similar legislation revising the

20  statewide provider and managed care organization claim dispute

21  resolution program takes effect, if such legislation is

22  adopted in the same legislative session or an extension

23  thereof.

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    Florida House of Representatives - 2002                 HB 927

    751-117-02






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  2                          HOUSE SUMMARY

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      Provides an exemption from public records requirements
  4    for any information of a sensitive personal nature
      concerning the medical treatment or medical history of a
  5    subscriber of a health maintenance organization or
      managed care organization which is provided to a dispute
  6    resolution organization or the Agency for Health Care
      Administration by a provider or managed care
  7    organization. Also specifies that such information is not
      discoverable or admissible in a civil or administrative
  8    action, unless the action is a disciplinary proceeding by
      the Agency for Health Care Administration or the
  9    appropriate regulatory board, and may not be made
      available to the public as part of the record of
10    investigation or prosecution in a disciplinary proceeding
      which is made available by the Agency for Health Care
11    Administration or a regulatory board.

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