HB 7045

1	A bill to be entitled
2	An act relating to a review under the Open Government
3	Sunset Review Act regarding supplemental rebate
4	agreements; amending s. 409.91196, F.S., which provides an
5	exemption from public records requirements for the rebate
6	amount, percent of rebate, manufacturer's pricing, and
7	supplemental rebate held by the Agency for Health Care
8	Administration relative to a preferred drug list
9	established by the agency and an exemption from public
10	meetings requirements for that portion of a meeting of the
11	Medicaid Pharmaceutical and Therapeutics Committee at
12	which such rebate amounts, percent of rebates,
13	manufacturer's pricing, and supplemental rebates are
14	discussed; making editorial changes; removing superfluous
15	language; requiring that a record of an exempt portion of
16	a meeting be made and maintained; removing the scheduled
17	repeal of the exemption; providing an effective date.
18
19	Be It Enacted by the Legislature of the State of Florida:
20
21	Section 1.  Section 409.91196, Florida Statutes, is amended
22	to read:
23	409.91196  Supplemental rebate agreements; public
24	confidentiality of records and public meetings exemption.--
25	(1)  The Trade secrets, rebate amount, percent of rebate,
26	manufacturer's pricing, and supplemental rebate held by rebates
27	which are contained in records of the Agency for Health Care
28	Administration under s. 409.912(39)(a)7. and its agents with
29	respect to supplemental rebate negotiations and which are
30	prepared pursuant to a supplemental rebate agreement under s.
31	409.912(40)(a)7. are confidential and exempt from s. 119.07(1)
32	and s. 24(a), Art. I of the State Constitution.
33	(2)  That portion of a meeting Those portions of meetings
34	of the Medicaid Pharmaceutical and Therapeutics Committee at
35	which the trade secrets, rebate amount, percent of rebate,
36	manufacturer's pricing, and supplemental rebate rebates are
37	discussed is disclosed for discussion or negotiation of a
38	supplemental rebate agreement under s. 409.912(40)(a)7. are
39	exempt from s. 286.011 and s. 24(b), Art. I of the State
40	Constitution. A record shall be made of each exempt portion of a
41	meeting. Such record must include the times of commencement and
42	termination, all discussions and proceedings, the names of all
43	persons present at any time, and the names of all persons
44	speaking. No exempt portion of a meeting may be held off the
45	record.
46	(3)  Subsections (1) and (2) are subject to the Open
47	Government Sunset Review Act of 1995 in accordance with s.
48	119.15, and shall stand repealed on October 2, 2006, unless
49	reviewed and saved from repeal through reenactment by the
50	Legislature.
51	Section 2.  This act shall take effect October 1, 2006.

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