Senate Bill sb7008pb

    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7008

    FOR CONSIDERATION By the Committee on Health Care





    587-462-06

  1                      A bill to be entitled

  2         An act relating to confidentiality of records

  3         and meetings; amending s. 409.91196, F.S.;

  4         revising provisions that provide exemptions

  5         from public records requirements for certain

  6         information held by the Agency for Health Care

  7         Administration and from public meeting

  8         requirements for certain proceedings of the

  9         Medicaid Pharmaceutical and Therapeutics

10         Committee; abrogating the scheduled repeal of

11         such exemptions; providing an effective date.

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

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15         Section 1.  Section 409.91196, Florida Statutes, is

16  amended to read:

17         409.91196  Supplemental rebate agreements; public

18  confidentiality of records and public meetings exemption.--

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

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

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

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

23  agents with respect to supplemental rebate negotiations and

24  which are prepared pursuant to a supplemental rebate agreement

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

26  119.07(1) s. 119.07 and s. 24(a), Art. I of the State

27  Constitution.

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

29  meetings of the Medicaid Pharmaceutical and Therapeutics

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

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

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7008
    587-462-06




 1  rebates are discussed is disclosed for discussion or

 2  negotiation of a supplemental rebate agreement under s.

 3  409.912(40)(a)7. are exempt from s. 286.011 and s. 24(b), Art.

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

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

 6  times of commencement and termination, all discussions and

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

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

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

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

11  119.15, and shall stand repealed on October 2, 2006, unless

12  reviewed and saved from repeal through reenactment by the

13  Legislature.

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

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