Senate Bill sb1122

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2005                                  SB 1122

    By Senator Saunders





    37-1026-05                                          See HB 581

  1                      A bill to be entitled

  2         An act relating to third-party liability;

  3         amending s. 213.053, F.S.; expanding the

  4         authority of the Department of Revenue to

  5         provide the Agency for Health Care

  6         Administration with tax information; reenacting

  7         s. 206.27(2), F.S., relating to records and

  8         files as public records, to incorporate the

  9         amendment to s. 213.053, F.S., in a reference

10         thereto; amending s. 409.910, F.S.; requiring

11         third-party liability administrators and

12         pharmacy benefits managers to provide certain

13         records and information relating to payments on

14         behalf of Medicaid-eligible persons; amending

15         s. 733.2121, F.S.; requiring the personal

16         representative of a decedent to provide a copy

17         of a death certificate to the Agency for Health

18         Care Administration; providing an effective

19         date.

20  

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

22  

23         Section 1.  Paragraph (m) of subsection (7) of section

24  213.053, Florida Statutes, is amended to read:

25         213.053  Confidentiality and information sharing.--

26         (7)  Notwithstanding any other provision of this

27  section, the department may provide:

28         (m)  Information relative to chapter 198 to the Agency

29  for Health Care Administration in the conduct of its official

30  business relating to ss. 409.901-409.9101 409.901-409.910.

31  

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    Florida Senate - 2005                                  SB 1122
    37-1026-05                                          See HB 581




 1  Disclosure of information under this subsection shall be

 2  pursuant to a written agreement between the executive director

 3  and the agency. Such agencies, governmental or

 4  nongovernmental, shall be bound by the same requirements of

 5  confidentiality as the Department of Revenue. Breach of

 6  confidentiality is a misdemeanor of the first degree,

 7  punishable as provided by s. 775.082 or s. 775.083.

 8         Section 2.  For the purpose of incorporating the

 9  amendment to section 213.053, Florida Statutes, in a reference

10  thereto, subsection (2) of section 206.27, Florida Statutes,

11  is reenacted to read:

12         206.27  Records and files as public records.--

13         (2)  Nothing herein shall be construed as requiring the

14  department to provide as a public record any information

15  concerning audits in progress or those records and files of

16  the department described in this section which are currently

17  the subject of pending investigation by the Department of

18  Revenue or the Florida Department of Law Enforcement. It is

19  specifically provided that the foregoing information shall be

20  exempt from the provisions of s. 119.07(1) and shall be

21  considered confidential pursuant to s. 213.053; however, the

22  department may make available to the executive director of the

23  Department of Highway Safety and Motor Vehicles or his or her

24  designee, exclusively for official purposes in administering

25  chapter 207, any information concerning any audit in progress,

26  and the provisions of s. 213.053(7) requiring a written

27  agreement and maintenance of confidentiality by the recipient,

28  and the penalty for breach of confidentiality, shall apply if

29  the department makes such information available. Any officer,

30  employee, or former officer or employee of the department who

31  divulges any such information in any manner except for such

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






    Florida Senate - 2005                                  SB 1122
    37-1026-05                                          See HB 581




 1  official purposes or under s. 213.053 is guilty of a

 2  misdemeanor of the first degree, punishable as provided in s.

 3  775.082 or s. 775.083.

 4         Section 3.  Subsection (20) of section 409.910, Florida

 5  Statutes, is amended to read:

 6         409.910  Responsibility for payments on behalf of

 7  Medicaid-eligible persons when other parties are liable.--

 8         (20)  Entities providing health insurance as defined in

 9  s. 624.603, and health maintenance organizations and prepaid

10  health clinics as defined in chapter 641, and, on behalf of

11  their clients, third-party administrators and pharmacy

12  benefits managers as defined in s. 409.901(26) shall provide

13  such records and information as are necessary to accomplish

14  the purpose of this section, unless such requirement results

15  in an unreasonable burden.

16         (a)  The director of the agency and the Director of the

17  Office of Insurance Regulation of the Financial Services

18  Commission shall enter into a cooperative agreement for

19  requesting and obtaining information necessary to effect the

20  purpose and objective of this section.

21         1.  The agency shall request only that information

22  necessary to determine whether health insurance as defined

23  pursuant to s. 624.603, or those health services provided

24  pursuant to chapter 641, could be, should be, or have been

25  claimed and paid with respect to items of medical care and

26  services furnished to any person eligible for services under

27  this section.

28         2.  All information obtained pursuant to subparagraph

29  1. is confidential and exempt from s. 119.07(1).

30         3.  The cooperative agreement or rules adopted under

31  this subsection may include financial arrangements to

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    Florida Senate - 2005                                  SB 1122
    37-1026-05                                          See HB 581




 1  reimburse the reporting entities for reasonable costs or a

 2  portion thereof incurred in furnishing the requested

 3  information. Neither the cooperative agreement nor the rules

 4  shall require the automation of manual processes to provide

 5  the requested information.

 6         (b)  The agency and the Financial Services Commission

 7  jointly shall adopt rules for the development and

 8  administration of the cooperative agreement. The rules shall

 9  include the following:

10         1.  A method for identifying those entities subject to

11  furnishing information under the cooperative agreement.

12         2.  A method for furnishing requested information.

13         3.  Procedures for requesting exemption from the

14  cooperative agreement based on an unreasonable burden to the

15  reporting entity.

16         Section 4.  Paragraph (d) of subsection (3) of section

17  733.2121, Florida Statutes, is amended to read:

18         733.2121  Notice to creditors; filing of claims.--

19         (3)

20         (d)  If a decedent at the time of death was 55 years of

21  age or older, the personal representative shall promptly serve

22  a copy of the notice to creditors and provide a copy of the

23  death certificate on the Agency for Health Care Administration

24  within 3 months after the first publication of the notice to

25  creditors, unless the agency has already filed a statement of

26  claim in the estate proceedings.

27         Section 5.  This act shall take effect July 1, 2005.

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