HB 1905 2003
1	A bill to be entitled
2	An act relating to a public records and public meetings
3	exemption for the Health Care Professional Liability
4	Insurance Facility; creating s. 627.3576, F.S.; creating
5	exemptions from public records requirements for
6	underwriting files, open claims files, records obtained or
7	generated by an internal auditor for a specified time,
8	licensed proprietary information made confidential by
9	contract, employee assistance program records, information
10	relating to negotiations for financing, reinsurance, or
11	contractual services for a specified time, minutes of
12	closed meetings regarding confidential and exempt
13	underwriting files, and minutes of closed meetings
14	regarding confidential and exempt claims files for a
15	specified time, held by the facility; creating an
16	exemption from public meetings requirements for Health
17	Care Professional Liability Insurance Facility meetings
18	during which confidential and exempt underwriting files or
19	confidential and exempt claims files are discussed;
20	providing requirements regarding such closed meetings and
21	records thereof; providing for future review and repeal;
22	providing a statement of public necessity; providing a
23	contingent effective date.
24
25	Be It Enacted by the Legislature of the State of Florida:
26
27	Section 1. Section 627.3576, F.S., is created to read:
28	627.3576 Public records exemption for the Health Care
29	Professional Liability Insurance Facility.--
30	(1) The following records and information held by the
31	Health Care Professional Liability Insurance Facility created by
32	s. 627.3575 are confidential and exempt from the provisions of
33	s. 119.07(1) and s. 24(a), Art. I of the State Constitution:
34	(a) Underwriting files, except that a policyholder or an
35	applicant shall have access to his or her own underwriting file.
36	(b) Claims files, until termination of all litigation and
37	settlement of all claims arising out of the same incident.
38	Confidential and exempt claims files may be released to other
39	governmental agencies in the furtherance of their statutory
40	duties and responsibilities. The receiving agency must maintain
41	the confidential and exempt status of the claims file.
42	(c) Records obtained or generated by an internal auditor
43	pursuant to a routine audit, until the audit is completed or, if
44	the audit is conducted as part of an investigation, until the
45	investigation is closed or ceases to be active. An
46	investigation is considered “active” while the investigation is
47	being conducted with a reasonable, good faith belief that it
48	could lead to the filing of administrative, civil, or criminal
49	proceedings.
50	(d) Proprietary information licensed to the facility under
51	contract when the contract provides for the confidentiality of
52	such information.
53	(e) All records relating to an employee’s participation in
54	an employee assistance program designed to assist any employee
55	who has a behavioral or medical disorder, substance abuse
56	problem, or emotional difficulty which affects the employee’s
57	job performance, except as otherwise provided in s.
58	112.0455(11).
59	(f) Information relating to negotiations for financing,
60	reinsurance, or contractual services, until the conclusion of
61	the negotiations.
62	(g) Minutes of closed meetings regarding confidential and
63	exempt underwriting files or confidential and exempt claims
64	files until termination of all litigation and settlement of all
65	claims with regard to that claim, except that information
66	otherwise made exempt or confidential by law will be redacted.
67	(2) Portions of meetings of the board of governors of the
68	facility are exempt from the provisions of s. 286.011 and s.
69	24(b), Art. I of the State Constitution wherein confidential and
70	exempt underwriting files or confidential and exempt claims
71	files are discussed. All closed portions of board meetings shall
72	be recorded by a court reporter. The court reporter shall record
73	the times of commencement and termination of the meeting, all
74	discussion and proceedings, the names of all persons present at
75	any time, and the names of all persons speaking. No portion of
76	any closed meeting shall be off the record. Subject to the
77	provisions hereof and s. 119.07(2)(a), the court reporter's
78	notes of any closed meeting shall be retained by the corporation
79	for a minimum of 5 years. A copy of the transcript, less any
80	confidential and exempt information, of any closed meeting
81	wherein confidential and exempt claims files are discussed shall
82	become public as to individual claims files after settlement of
83	that claim.
84	Section 2. Section 627.3576, F.S., is subject to the Open
85	Government Sunset Review Act of 1995 in accordance with s.
86	119.15, Florida Statutes, and shall stand repealed on October 2,
87	2008, unless reviewed and saved from repeal through reenactment
88	by the Legislature.
89	Section 3. The Legislature finds that it is a public
90	necessity that certain records held by the Health Care
91	Professional Liability Insurance Facility created by s.
92	627.3575, Florida Statutes, be made confidential and exempt from
93	public records requirements and that certain meetings of the
94	facility be made exempt from public meetings requirements. It
95	is a public necessity that underwriting files remain
96	confidential and exempt because such files contain proprietary
97	confidential business information and disclosure could be
98	harmful to the policyholder. It is also a public necessity that
99	open claims files be held confidential and exempt from public
100	disclosure. If open claims files were not protected from public
101	disclosure then claimants would have unfettered access to
102	information held by the facility, which could be used as
103	evidence and for purposes of negotiation, claim evaluation, and
104	settlement considerations. Such use of claim file information
105	could result in higher awards and settlements paid out by the
106	facility, and ultimately result in higher costs for
107	policyholders and their patients. As such, the Legislature
108	finds that it is a public necessity to close access to portions
109	of meetings of the board of governors of the facility wherein
110	confidential and exempt underwriting files and confidential and
111	exempt claims files are discussed, and to make confidential and
112	exempt those portions of the meeting minutes regarding such
113	confidential and exempt files. It is a public necessity that
114	records held by an internal auditor while an audit is incomplete
115	or while an investigation is pending should be held confidential
116	and exempt because otherwise inaccurate information could be
117	released or investigations jeopardized. Also, it is a public
118	necessity that proprietary information licensed to the facility
119	under contract be kept confidential and exempt when the contract
120	provides for such confidentiality because the facility’s ability
121	to enter into necessary contracts would be impaired if
122	proprietary information relating to those contracts was not held
123	confidential and exempt from public disclosure. The Legislature
124	also finds that it is a public necessity to keep confidential
125	and exempt records relating to an employee’s participation in an
126	employee assistance program because such records contain
127	personal, sensitive information regarding an employee’s
128	behavioral, emotional, or medical disorders, the disclosure of
129	which could be harmful to the employee. Finally, it is a public
130	necessity that information relating to negotiations for
131	financing, reinsurance, or contractual services be held
132	confidential and exempt. If such information were not protected
133	from public disclosure, those with whom the facility contracted
134	could have an economic advantage over the facility, thus driving
135	up the costs of doing business, which costs could be passed on
136	to policyholders and their patients.
137	Section 4. This act shall take effect July 1, 2003, if HB
138	1713 or similar legislation is adopted in the same legislative
139	session or an extension there of and becomes law.