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.

22  

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

24  

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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