Senate Bill sb0516

    Florida Senate - 2006                                   SB 516

    By the Committee on Health Care





    587-462-06

  1                      A bill to be entitled

  2         An act relating to a review under the Open

  3         Government Sunset Review Act; amending s.

  4         409.91196, F.S.; revising provisions that

  5         provide exemptions from public records

  6         requirements for certain information held by

  7         the Agency for Health Care Administration and

  8         from public meeting requirements for certain

  9         proceedings of the Medicaid Pharmaceutical and

10         Therapeutics Committee; abrogating the

11         scheduled repeal of such exemptions; providing

12         an effective date.

13  

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

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16         Section 1.  Section 409.91196, Florida Statutes, is

17  amended to read:

18         409.91196  Supplemental rebate agreements; public

19  confidentiality of records and public meetings exemption.--

20         (1)  The Trade secrets, rebate amount, percent of

21  rebate, manufacturer's pricing, and supplemental rebate held

22  by rebates which are contained in records of the Agency for

23  Health Care Administration under s. 409.912(39)(a)7. and its

24  agents with respect to supplemental rebate negotiations and

25  which are prepared pursuant to a supplemental rebate agreement

26  under s. 409.912(40)(a)7. are confidential and exempt from s.

27  119.07(1) s. 119.07 and s. 24(a), Art. I of the State

28  Constitution.

29         (2)  That portion of a meeting Those portions of

30  meetings of the Medicaid Pharmaceutical and Therapeutics

31  Committee at which the trade secrets, rebate amount, percent

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






    Florida Senate - 2006                                   SB 516
    587-462-06




 1  of rebate, manufacturer's pricing, and supplemental rebate

 2  rebates are discussed is disclosed for discussion or

 3  negotiation of a supplemental rebate agreement under s.

 4  409.912(40)(a)7. are exempt from s. 286.011 and s. 24(b), Art.

 5  I of the State Constitution. A record shall be made of each

 6  exempt portion of a meeting. Such record must include the

 7  times of commencement and termination, all discussions and

 8  proceedings, and the names of all persons speaking. An exempt

 9  portion of a meeting may not be held off the record.

10         (3)  Subsections (1) and (2) are subject to the Open

11  Government Sunset Review Act of 1995 in accordance with s.

12  119.15, and shall stand repealed on October 2, 2006, unless

13  reviewed and saved from repeal through reenactment by the

14  Legislature.

15         Section 2.  This act shall take effect October 1, 2006.

16  

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18                          SENATE SUMMARY

19    Abrogates the scheduled expiration of exemptions under
      the Open Government Sunset Review Act for information
20    held by the Agency for Health Care Administration
      relating to preferred drugs and for meetings of the
21    Medicaid Pharmaceutical and Therapeutics Committee.
      Requires a record of exempt portions of such meetings and
22    prohibits exempt portions from being held off the record.

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