Senate Bill sb0516c1
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Florida Senate - 2006 CS for SB 516
By the Committees on Governmental Oversight and Productivity;
and Health Care
585-2176-06
1 A bill to be entitled
2 An act relating to a review under the Open
3 Government Sunset Review Act regarding
4 supplemental rebate agreements; amending s.
5 409.91196, F.S., which provides an exemption
6 from public-records requirements for the rebate
7 amount, percent of rebate, manufacturer's
8 pricing, and supplemental rebate held by the
9 Agency for Health Care Administration relative
10 to a preferred drug list established by the
11 agency and an exemption from public-meetings
12 requirements for that portion of a meeting of
13 the Medicaid Pharmaceutical and Therapeutics
14 Committee at which such rebate amounts, percent
15 of rebates, manufacturer's pricing, and
16 supplemental rebates are discussed; making
17 editorial changes; removing superfluous
18 provisions; requiring that a record of an
19 exempt portion of a meeting be made and
20 maintained; removing the scheduled repeal of
21 the exemption; providing an effective date.
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23 Be It Enacted by the Legislature of the State of Florida:
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25 Section 1. Section 409.91196, Florida Statutes, is
26 amended to read:
27 409.91196 Supplemental rebate agreements; public
28 confidentiality of records and public meetings exemption.--
29 (1) The Trade secrets, rebate amount, percent of
30 rebate, manufacturer's pricing, and supplemental rebate, and
31 other trade secrets as defined in s. 688.002 which are
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Florida Senate - 2006 CS for SB 516
585-2176-06
1 specifically identified by the agency for use in the
2 negotiations, held by rebates which are contained in records
3 of the Agency for Health Care Administration under s.
4 409.912(39)(a)7. and its agents with respect to supplemental
5 rebate negotiations and which are prepared pursuant to a
6 supplemental rebate agreement under s. 409.912(40)(a)7. are
7 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
8 of the State Constitution.
9 (2) That portion of a meeting Those portions of
10 meetings of the Medicaid Pharmaceutical and Therapeutics
11 Committee at which the trade secrets, rebate amount, percent
12 of rebate, manufacturer's pricing, and supplemental rebate,
13 and other trade secrets as defined in s. 688.002 which are
14 specifically identified by the agency for use in negotiations,
15 rebates are discussed is disclosed for discussion or
16 negotiation of a supplemental rebate agreement under s.
17 409.912(40)(a)7. are exempt from s. 286.011 and s. 24(b), Art.
18 I of the State Constitution. A record shall be made of each
19 exempt portion of a meeting. Such record must include the
20 times of commencement and termination, all discussions and
21 proceedings, the names of all persons present at any time, and
22 the names of all persons speaking. No exempt portion of a
23 meeting may be held off the record.
24 (3) Subsections (1) and (2) are subject to the Open
25 Government Sunset Review Act of 1995 in accordance with s.
26 119.15, and shall stand repealed on October 2, 2006, unless
27 reviewed and saved from repeal through reenactment by the
28 Legislature.
29 Section 2. This act shall take effect October 1, 2006.
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Florida Senate - 2006 CS for SB 516
585-2176-06
1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 Senate Bill 516
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4 Links "trade secrets" to the definition found in s. 288.002,
F.S., and links protection of that information to the
5 negotiation process.
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