ENROLLED HB 1033 |
2003 Legislature |
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A bill to be entitled |
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An act relating to public records and public meetings |
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exemptions for the Statewide Provider and Subscriber |
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Assistance Program within the Agency for Health Care |
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Administration; amending s. 408.7056, F.S., which provides |
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exemptions from public records and public meetings |
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requirements for information held by the Agency for Health |
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Care Administration, the Department of Insurance, or the |
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Statewide Provider and Subscriber Assistance Panel that |
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identifies a subscriber to a managed health care entity |
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and for portions of meetings of a provider and subscriber |
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assistance panel during which information disclosing a |
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subscriber's medical treatment or history or information |
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relating to specified internal risk management programs |
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may be revealed; narrowing the exemption; eliminating the |
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exemption for identifying information of a subscriber’s |
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spouse, relative, or guardian; providing an exception to |
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the exemption; adding clarifying language; making |
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editorial changes; removing the October 2, 2003, repeal |
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thereof scheduled under the Open Government Sunset Review |
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Act of 1995; providing an effective date. |
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Be It Enacted by the Legislature of the State of Florida: |
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Section 1. Subsection (13) of section 408.7056, Florida |
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Statutes, is amended, present subsection (14) is renumbered as |
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subsection (13), and, notwithstanding the October 2, 2003, |
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repeal of said subsection scheduled pursuant to the Open |
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Government Sunset Review Act of 1995, subsection (15) of said |
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section is renumbered as subsection (14) and amended, to read: |
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408.7056 Statewide Provider and Subscriber Assistance |
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Program.-- |
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(13) Any information which would identify a subscriber or |
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the spouse, relative, or guardian of a subscriber and which is |
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contained in a report obtained by the Department of Insurance |
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pursuant to this section is confidential and exempt from the |
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provisions of s. 119.07(1) and s. 24(a), Art. I of the State |
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Constitution.
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(13)(14)A proposed order issued by the agency or |
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department which only requires the managed care entity to take a |
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specific action under subsection (7) is subject to a summary |
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hearing in accordance with s. 120.574, unless all of the parties |
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agree otherwise. If the managed care entity does not prevail at |
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the hearing, the managed care entity must pay reasonable costs |
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and attorney's fees of the agency or the department incurred in |
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that proceeding. |
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(14)(15)(a) Any information that identifieswhich would |
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identify a subscriber or the spouse, relative, or guardian of a |
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subscriber which is heldcontained in a document, report, or |
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record prepared or reviewed by the panel,or obtained by the |
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agency, or departmentpursuant to this section is confidential |
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and exempt from the provisions of s. 119.07(1) and s. 24(a), |
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Art. I of the State Constitution. However, at the request of a |
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subscriber or managed care entity involved in a grievance |
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procedure, the panel, agency, or department shall release |
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information identifying the subscriber involved in the grievance |
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procedure to the requesting subscriber or managed care entity. |
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(b) Meetings of the panel shall be open to the public |
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unless the provider or subscriber whose grievance will be heard |
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requests a closed meeting or the agency or the department |
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Department of Insurance determines that information of a |
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sensitive personal naturewhich discloses the subscriber's |
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medical treatment or history; or information which constitutes a |
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trade secret as defined by s. 812.081;or information relating |
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to internal risk management programs as defined in s. |
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641.55(5)(c), (6), and (8) may be revealed at the panel meeting, |
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in which case that portion of the meeting during which a |
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subscriber’s medical treatment or historysuch sensitive |
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personal information, trade secret information,or internal risk |
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management program information is discussed shall be exempt from |
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the provisions of s. 286.011 and s. 24(b), Art. I of the State |
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Constitution. All closed meetings shall be recorded by a |
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certified court reporter. |
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This subsection is subject to the Open Government Sunset Review |
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Act of 1995 in accordance with s. 119.15, and shall stand |
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repealed on October 2, 2003, unless reviewed and saved from |
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repeal through reenactment by the Legislature.
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Section 2. This act shall take effect October 1, 2003. |