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

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