HB 1033 2003
1	A bill to be entitled
2	An act relating to public records and public meetings
3	exemptions for the Statewide Provider and Subscriber
4	Assistance Program within the Agency for Health Care
5	Administration; amending s. 408.7056, F.S., which provides
6	exemptions from public records and public meetings
7	requirements for information held by the Agency for Health
8	Care Administration, the Department of Insurance, or the
9	Statewide Provider and Subscriber Assistance Panel that
10	identifies a subscriber to a managed health care entity
11	and for portions of meetings of a provider and subscriber
12	assistance panel during which information disclosing a
13	subscriber's medical treatment or history or information
14	relating to specified internal risk management programs
15	may be revealed; narrowing the exemption; eliminating the
16	exemption for identifying information of a subscriber’s
17	spouse, relative, or guardian; providing an exception to
18	the exemption; adding clarifying language; making
19	editorial changes; removing the October 2, 2003, repeal
20	thereof scheduled under the Open Government Sunset Review
21	Act of 1995; providing an effective date.
22
23	Be It Enacted by the Legislature of the State of Florida:
24
25	Section 1. Subsection (13) of section 408.7056, Florida
26	Statutes, is amended, present subsection (14) is renumbered as
27	subsection (13), and, notwithstanding the October 2, 2003,
28	repeal of said subsection scheduled pursuant to the Open
29	Government Sunset Review Act of 1995, subsection (15) of said
30	section is renumbered as subsection (14) and amended, to read:
31	408.7056 Statewide Provider and Subscriber Assistance
32	Program.--
33	(13) Any information which would identify a subscriber or
34	the spouse, relative, or guardian of a subscriber and which is
35	contained in a report obtained by the Department of Insurance
36	pursuant to this section is confidential and exempt from the
37	provisions of s. 119.07(1) and s. 24(a), Art. I of the State
38	Constitution.
39	(13)(14)A proposed order issued by the agency or
40	department which only requires the managed care entity to take a
41	specific action under subsection (7) is subject to a summary
42	hearing in accordance with s. 120.574, unless all of the parties
43	agree otherwise. If the managed care entity does not prevail at
44	the hearing, the managed care entity must pay reasonable costs
45	and attorney's fees of the agency or the department incurred in
46	that proceeding.
47	(14)(15)(a) Any information that identifieswhich would
48	identify a subscriber or the spouse, relative, or guardian of a
49	subscriber which is heldcontained in a document, report, or
50	record prepared or reviewed by the panel,or obtained by the
51	agency, or departmentpursuant to this section is confidential
52	and exempt from the provisions of s. 119.07(1) and s. 24(a),
53	Art. I of the State Constitution. However, at the request of a
54	subscriber or managed care entity involved in a grievance
55	procedure, the panel, agency, or department shall release
56	information identifying the subscriber involved in the grievance
57	procedure to the requesting subscriber or managed care entity.
58	(b) Meetings of the panel shall be open to the public
59	unless the provider or subscriber whose grievance will be heard
60	requests a closed meeting or the agency or the department
61	Department of Insurance determines that information of a
62	sensitive personal naturewhich discloses the subscriber's
63	medical treatment or history; or information which constitutes a
64	trade secret as defined by s. 812.081;or information relating
65	to internal risk management programs as defined in s.
66	641.55(5)(c), (6), and (8) may be revealed at the panel meeting,
67	in which case that portion of the meeting during which a
68	subscriber’s medical treatment or historysuch sensitive
69	personal information, trade secret information,or internal risk
70	management program information is discussed shall be exempt from
71	the provisions of s. 286.011 and s. 24(b), Art. I of the State
72	Constitution. All closed meetings shall be recorded by a
73	certified court reporter.
74
75	This subsection is subject to the Open Government Sunset Review
76	Act of 1995 in accordance with s. 119.15, and shall stand
77	repealed on October 2, 2003, unless reviewed and saved from
78	repeal through reenactment by the Legislature.
79	Section 2. This act shall take effect October 1, 2003.