HB 0071B 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, Florida Statutes, is created
28	to read:
29	627.3576 Public records exemption for the Health Care
30	Professional Liability Insurance Facility.--
31	(1) The following records and information held by the
32	Health Care Professional Liability Insurance Facility created by
33	s. 627.3575 are confidential and exempt from the provisions of
34	s. 119.07(1) and s. 24(a), Art. I of the State Constitution:
35	(a) Underwriting files, except that a policyholder or an
36	applicant shall have access to his or her own underwriting file.
37	(b) Claims files, until termination of all litigation and
38	settlement of all claims arising out of the same incident.
39	Confidential and exempt claims files may be released to other
40	governmental agencies in the furtherance of their statutory
41	duties and responsibilities. The receiving agency must maintain
42	the confidential and exempt status of the claims file.
43	(c) Records obtained or generated by an internal auditor
44	pursuant to a routine audit, until the audit is completed or, if
45	the audit is conducted as part of an investigation, until the
46	investigation is closed or ceases to be active. An
47	investigation is considered “active” while the investigation is
48	being conducted with a reasonable, good faith belief that it
49	could lead to the filing of administrative, civil, or criminal
50	proceedings.
51	(d) Proprietary information licensed to the facility under
52	contract when the contract provides for the confidentiality of
53	such information.
54	(e) All records relating to an employee’s participation in
55	an employee assistance program designed to assist any employee
56	who has a behavioral or medical disorder, substance abuse
57	problem, or emotional difficulty which affects the employee’s
58	job performance, except as otherwise provided in s.
59	112.0455(11).
60	(f) Information relating to negotiations for financing,
61	reinsurance, or contractual services, until the conclusion of
62	the negotiations.
63	(g) Minutes of closed meetings regarding confidential and
64	exempt underwriting files or confidential and exempt claims
65	files until termination of all litigation and settlement of all
66	claims with regard to that claim, except that information
67	otherwise made exempt or confidential by law will be redacted.
68	(2) Portions of meetings of the board of governors of the
69	facility are exempt from the provisions of s. 286.011 and s.
70	24(b), Art. I of the State Constitution wherein confidential and
71	exempt underwriting files or confidential and exempt claims
72	files are discussed. All closed portions of board meetings shall
73	be recorded by a court reporter. The court reporter shall record
74	the times of commencement and termination of the meeting, all
75	discussion and proceedings, the names of all persons present at
76	any time, and the names of all persons speaking. No portion of
77	any closed meeting shall be off the record. Subject to the
78	provisions hereof and s. 119.07(2)(a), the court reporter's
79	notes of any closed meeting shall be retained by the corporation
80	for a minimum of 5 years. A copy of the transcript, less any
81	confidential and exempt information, of any closed meeting
82	wherein confidential and exempt claims files are discussed shall
83	become public as to individual claims files after settlement of
84	that claim.
85	Section 2. Section 627.3576, Florida Statutes, is subject
86	to the Open Government Sunset Review Act of 1995 in accordance
87	with s. 119.15, Florida Statutes, and shall stand repealed on
88	October 2, 2008, unless reviewed and saved from repeal through
89	reenactment by the Legislature.
90	Section 3. The Legislature finds that it is a public
91	necessity that certain records held by the Health Care
92	Professional Liability Insurance Facility created by s.
93	627.3575, Florida Statutes, be made confidential and exempt from
94	public records requirements and that certain meetings of the
95	facility be made exempt from public meetings requirements. It
96	is a public necessity that underwriting files remain
97	confidential and exempt because such files contain proprietary
98	confidential business information and disclosure could be
99	harmful to the policyholder. It is also a public necessity that
100	open claims files be held confidential and exempt from public
101	disclosure. If open claims files were not protected from public
102	disclosure then claimants would have unfettered access to
103	information held by the facility, which could be used as
104	evidence and for purposes of negotiation, claim evaluation, and
105	settlement considerations. Such use of claim file information
106	could result in higher awards and settlements paid out by the
107	facility, and ultimately result in higher costs for
108	policyholders and their patients. As such, the Legislature
109	finds that it is a public necessity to close access to portions
110	of meetings of the board of governors of the facility wherein
111	confidential and exempt underwriting files and confidential and
112	exempt claims files are discussed, and to make confidential and
113	exempt those portions of the meeting minutes regarding such
114	confidential and exempt files. It is a public necessity that
115	records held by an internal auditor while an audit is incomplete
116	or while an investigation is pending should be held confidential
117	and exempt because otherwise inaccurate information could be
118	released or investigations jeopardized. Also, it is a public
119	necessity that proprietary information licensed to the facility
120	under contract be kept confidential and exempt when the contract
121	provides for such confidentiality because the facility’s ability
122	to enter into necessary contracts would be impaired if
123	proprietary information relating to those contracts was not held
124	confidential and exempt from public disclosure. The Legislature
125	also finds that it is a public necessity to keep confidential
126	and exempt records relating to an employee’s participation in an
127	employee assistance program because such records contain
128	personal, sensitive information regarding an employee’s
129	behavioral, emotional, or medical disorders, the disclosure of
130	which could be harmful to the employee. Finally, it is a public
131	necessity that information relating to negotiations for
132	financing, reinsurance, or contractual services be held
133	confidential and exempt. If such information were not protected
134	from public disclosure, those with whom the facility contracted
135	could have an economic advantage over the facility, thus driving
136	up the costs of doing business, which costs could be passed on
137	to policyholders and their patients.
138	Section 4. This act shall take effect July 1, 2003, or
139	upon becoming a law, whichever occurs later, if HB 55-B, HB 63-
140	B, HB 65-B, or HB 67-B or similar legislation is adopted in the
141	same legislative session or an extension thereof and becomes
142	law.