Senate Bill sb0306c1

    Florida Senate - 2003                            CS for SB 306

    By the Committees on Governmental Oversight and Productivity;
    and Health, Aging, and Long-Term Care




    302-2141-03

  1                      A bill to be entitled

  2         An act relating to public records and meetings;

  3         amending s. 408.7056, F.S., which provides that

  4         certain information identifying a subscriber

  5         under the Statewide Provider and Subscriber

  6         Assistance Program is exempt from

  7         public-records requirements and requirements

  8         for public meetings; deleting the exemption

  9         provided for information identifying the

10         spouse, relative, or guardian of a subscriber;

11         requiring the statewide provider and subscriber

12         assistance panel, the Agency for Health Care

13         Administration, and the Department of Insurance

14         to release certain information to the

15         subscriber or managed care entity involved in a

16         grievance procedure; deleting the exemption

17         that authorizes meetings to be closed if

18         information constituting a trade secret is

19         revealed; reenacting the exemptions and

20         removing the repeal thereof scheduled under the

21         Open Government Sunset Review Act of 1995;

22         providing an effective date.

23  

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

25  

26         Section 1.  Notwithstanding the repeal scheduled on

27  October 2, 2003, under the Open Government Sunset Review Act

28  of 1995, subsections (13), (14), and (15) of section 408.7056,

29  Florida Statutes, are reenacted and amended to read:

30         408.7056  Statewide Provider and Subscriber Assistance

31  Program.--

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                            CS for SB 306
    302-2141-03




 1         (13)  Any information which would identify a subscriber

 2  or the spouse, relative, or guardian of a subscriber and which

 3  is contained in a report obtained by the Department of

 4  Insurance pursuant to this section is confidential and exempt

 5  from the provisions of s. 119.07(1) and s. 24(a), Art. I of

 6  the State Constitution.

 7         (13)(14)  A proposed order issued by the agency or

 8  department which only requires the managed care entity to take

 9  a specific action under subsection (7) is subject to a summary

10  hearing in accordance with s. 120.574, unless all of the

11  parties agree otherwise. If the managed care entity does not

12  prevail at the hearing, the managed care entity must pay

13  reasonable costs and attorney's fees of the agency or the

14  department incurred in that proceeding.

15         (14)(15)(a)  Any information that identifies which

16  would identify a subscriber or the spouse, relative, or

17  guardian of a subscriber which is held contained in a

18  document, report, or record prepared or reviewed by the panel,

19  or obtained by the agency, or department pursuant to this

20  section is confidential and exempt from the provisions of s.

21  119.07(1) and s. 24(a), Art. I of the State Constitution.

22  However, at the request of a subscriber or managed care entity

23  involved in a grievance procedure, the panel, agency, or

24  department shall release information identifying the

25  subscriber involved in that grievance procedure to the

26  requesting subscriber or managed care entity.

27         (b)  Meetings of the panel shall be open to the public

28  unless the provider or subscriber whose grievance will be

29  heard requests a closed meeting or the agency or the

30  department of Insurance determines that information of a

31  sensitive personal nature which discloses the subscriber's

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                            CS for SB 306
    302-2141-03




 1  medical treatment or history; or information which constitutes

 2  a trade secret as defined by s. 812.081; or information

 3  relating to internal risk management programs as defined in s.

 4  641.55(5)(c), (6), and (8) may be revealed at the panel

 5  meeting, in which case that portion of the meeting during

 6  which a subscriber's medical treatment or history such

 7  sensitive personal information, trade secret information, or

 8  internal risk management program information is discussed

 9  shall be exempt from the provisions of s. 286.011 and s.

10  24(b), Art. I of the State Constitution.  All closed meetings

11  shall be recorded by a certified court reporter.

12  

13  This subsection is subject to the Open Government Sunset

14  Review Act of 1995 in accordance with s. 119.15, and shall

15  stand repealed on October 2, 2003, unless reviewed and saved

16  from repeal through reenactment by the Legislature.

17         Section 2.  This act shall take effect October 1, 2003.

18  

19          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
20                              SB 306

21                                 

22  Conforms the public meetings exemption to the public records
    exemption by referring to the subscriber's medical treatment
23  or history instead of to all sensitive personal information.

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CODING: Words stricken are deletions; words underlined are additions.