| 1 | The State Administration Council recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 |
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| 6 | A bill to be entitled |
| 7 | An act relating to a review under the Open Government |
| 8 | Sunset Review Act regarding supplemental rebate |
| 9 | agreements; amending s. 409.91196, F.S., which provides an |
| 10 | exemption from public records requirements for the rebate |
| 11 | amount, percent of rebate, manufacturer's pricing, |
| 12 | supplemental rebate, and other trade secrets held by the |
| 13 | Agency for Health Care Administration relative to a |
| 14 | preferred drug list established by the agency and an |
| 15 | exemption from public meetings requirements for that |
| 16 | portion of a meeting of the Medicaid Pharmaceutical and |
| 17 | Therapeutics Committee at which such rebate amounts, |
| 18 | percent of rebates, manufacturer's pricing, supplemental |
| 19 | rebates, or other trade secrets are discussed; making |
| 20 | editorial changes; removing superfluous language; |
| 21 | requiring that a record of an exempt portion of a meeting |
| 22 | be made and maintained; removing the scheduled repeal of |
| 23 | the exemptions; providing an effective date. |
| 24 |
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| 25 | Be It Enacted by the Legislature of the State of Florida: |
| 26 |
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| 27 | Section 1. Section 409.91196, Florida Statutes, is amended |
| 28 | to read: |
| 29 | 409.91196 Supplemental rebate agreements; public |
| 30 | confidentiality of records and public meetings exemption.-- |
| 31 | (1) The Trade secrets, rebate amount, percent of rebate, |
| 32 | manufacturer's pricing, and supplemental rebate, and other trade |
| 33 | secrets as defined in s. 688.002 that the agency has identified |
| 34 | for use in negotiations, held by rebates which are contained in |
| 35 | records of the Agency for Health Care Administration under s. |
| 36 | 409.912(39)(a)7. and its agents with respect to supplemental |
| 37 | rebate negotiations and which are prepared pursuant to a |
| 38 | supplemental rebate agreement under s. 409.912(40)(a)7. are |
| 39 | confidential and exempt from s. 119.07(1) and s. 24(a), Art. I |
| 40 | of the State Constitution. |
| 41 | (2) That portion of a meeting Those portions of meetings |
| 42 | of the Medicaid Pharmaceutical and Therapeutics Committee at |
| 43 | which the trade secrets, rebate amount, percent of rebate, |
| 44 | manufacturer's pricing, or and supplemental rebate, or other |
| 45 | trade secrets as defined in s. 688.002 that the agency has |
| 46 | identified for use in negotiations, rebates are discussed is |
| 47 | disclosed for discussion or negotiation of a supplemental rebate |
| 48 | agreement under s. 409.912(40)(a)7. are exempt from s. 286.011 |
| 49 | and s. 24(b), Art. I of the State Constitution. A record shall |
| 50 | be made of each exempt portion of a meeting. Such record must |
| 51 | include the times of commencement and termination, all |
| 52 | discussions and proceedings, the names of all persons present at |
| 53 | any time, and the names of all persons speaking. No exempt |
| 54 | portion of a meeting may be held off the record. |
| 55 | (3) Subsections (1) and (2) are subject to the Open |
| 56 | Government Sunset Review Act of 1995 in accordance with s. |
| 57 | 119.15, and shall stand repealed on October 2, 2006, unless |
| 58 | reviewed and saved from repeal through reenactment by the |
| 59 | Legislature. |
| 60 | Section 2. This act shall take effect October 1, 2006. |