HB 7197

1	A bill to be entitled
2	An act relating to a review under the Open Government
3	Sunset Review Act; amending s. 1004.43, F.S., which
4	provides an exemption from public records and public
5	meetings requirements for the not-for-profit corporation
6	of the H. Lee Moffitt Cancer Center and Research Institute
7	and its subsidiaries; clarifying and reorganizing the
8	exemption; expanding the public records exemption to
9	include the identity of a donor or prospective donor to
10	the not-for-profit corporation or a subsidiary who wishes
11	to remain anonymous, rather than a donor or prospective
12	donor of property who wishes to remain anonymous;
13	expanding the public records exemption to include
14	patentable materials received, generated, ascertained, or
15	discovered during the course of research; revising the
16	information accessible by the Auditor General, the Office
17	of Program Policy Analysis and Government Accountability,
18	and the Board of Governors pursuant to their oversight and
19	auditing functions; defining "managed care," "proprietary
20	confidential business information," and "trade secret";
21	narrowing the public meetings exemption for the governing
22	board of the not-for-profit corporation and its
23	subsidiaries to include only those portions of meetings
24	wherein confidential and exempt information is discussed;
25	providing for future legislative review and repeal of the
26	exemption; providing a statement of public necessity;
27	providing an effective date.
28
29	Be It Enacted by the Legislature of the State of Florida:
30
31	Section 1.  Subsections (8) and (9) of section 1004.43,
32	Florida Statutes, are amended to read:
33	1004.43  H. Lee Moffitt Cancer Center and Research
34	Institute.-There is established the H. Lee Moffitt Cancer Center
35	and Research Institute at the University of South Florida.
36	(8)(a)  Records of the not-for-profit corporation and of
37	its subsidiaries are public records unless made confidential or
38	exempt by law.
39	(b)  The following information is confidential and exempt
40	from s. 119.07(1) and s. 24(a), Art. I of the State
41	Constitution:
42	1.  Information received by the not-for-profit corporation
43	or a subsidiary from a person in another state or nation or the
44	Federal Government that is otherwise exempt or confidential
45	pursuant to the laws of that state or nation or pursuant to
46	federal law.
47	2.  Information received by the not-for-profit corporation
48	or a subsidiary in the performance of its duties and
49	responsibilities which is otherwise confidential or exempt by
50	law.
51	3.  Matters reasonably encompassed in privileged attorney-
52	client communications.
53	4.  Proprietary confidential business information is
54	confidential and exempt from the provisions of s. 119.07(1) and
55	s. 24(a), Art. I of the State Constitution.
56	5.  Records of credentialing panels and committees and of
57	the governing board of the not-for-profit corporation or its
58	subsidiaries relating to credentialing.
59	6.  The identity of a donor or prospective donor to the
60	not-for-profit corporation or a subsidiary who wishes to remain
61	anonymous.
62	7.  Trade secrets.
63	(c)  However, The Auditor General, the Office of Program
64	Policy Analysis and Government Accountability, and the Board of
65	Governors, pursuant to their oversight and auditing functions,
66	must be given access to all proprietary confidential business
67	information made confidential and exempt under paragraph (b),
68	upon request and without subpoena and must maintain the
69	confidentiality of information so received.
70	(d)  As used in this subsection paragraph, the term:
71	1.  "Managed care" means systems or techniques generally
72	used by third-party payors or their agents to affect access to
73	and control payment for health care services. Managed-care
74	techniques most often include one or more of the following:
75	a.  Prior, concurrent, and retrospective review of the
76	medical necessity and appropriateness of services or site of
77	services;
78	b.  Contracts with selected health care providers;
79	c.  Financial incentives or disincentives related to the
80	use of specific providers, services, or service sites;
81	d.  Controlled access to and coordination of services by a
82	case manager; and
83	e.  Payor efforts to identify treatment alternatives and
84	modify benefit restrictions for high-cost patient care.
85	2.  "Proprietary confidential business information" means
86	information, regardless of its form or characteristics, that
87	which is owned or controlled by the not-for-profit corporation
88	or its subsidiaries; is intended to be and is treated by the
89	not-for-profit corporation or its subsidiaries as private and
90	the disclosure of which would harm the business operations of
91	the not-for-profit corporation or its subsidiaries; has not been
92	intentionally disclosed by the not-for-profit corporation or its
93	subsidiaries unless pursuant to law, an order of a court or
94	administrative body, a legislative proceeding pursuant to s. 5,
95	Art. III of the State Constitution, or a private agreement that
96	provides that the information may be released to the public; and
97	that which is information concerning:
98	a.1.  Internal auditing controls and reports of internal
99	auditors;
100	2.  Matters reasonably encompassed in privileged attorney-
101	client communications;
102	b.3.  Contracts for managed-care arrangements, including
103	preferred provider organization contracts, health maintenance
104	organization contracts, and exclusive provider organization
105	contracts, and any records documents directly relating to the
106	negotiation, performance, and implementation of any such
107	contracts for managed-care arrangements;
108	c.4.  Bids or other contractual data, banking records, and
109	credit agreements the disclosure of which would impair the
110	efforts of the not-for-profit corporation or its subsidiaries to
111	contract for goods or services on favorable terms;
112	d.5.  Information relating to private contractual data, the
113	disclosure of which would impair the competitive interest of the
114	provider of the information;
115	e.6.  Corporate officer and employee personnel information;
116	7.  Information relating to the proceedings and records of
117	credentialing panels and committees and of the governing board
118	of the not-for-profit corporation or its subsidiaries relating
119	to credentialing;
120	8.  Minutes of meetings of the governing board of the not-
121	for-profit corporation and its subsidiaries, except minutes of
122	meetings open to the public pursuant to subsection (9);
123	f.9.  Information that reveals plans for marketing services
124	that the not-for-profit corporation or its subsidiaries
125	reasonably expect to be provided by competitors;
126	10.  Trade secrets as defined in s. 688.002, including:
127	g.a.  Information relating to methods of manufacture or
128	production, potential trade secrets, or patentable or
129	potentially patentable materials, or proprietary information
130	received, generated, ascertained, or discovered during the
131	course of research conducted by the not-for-profit corporation
132	or its subsidiaries; and
133	h.b.  Reimbursement methodologies or rates.;
134	3.  "Trade secret" means a trade secret as defined in s.
135	688.002.
136	11.  The identity of donors or prospective donors of
137	property who wish to remain anonymous or any information
138	identifying such donors or prospective donors. The anonymity of
139	these donors or prospective donors must be maintained in the
140	auditor's report; or
141	12.  Any information received by the not-for-profit
142	corporation or its subsidiaries from an agency in this or
143	another state or nation or the Federal Government which is
144	otherwise exempt or confidential pursuant to the laws of this or
145	another state or nation or pursuant to federal law.
146
147	As used in this paragraph, the term "managed care" means systems
148	or techniques generally used by third-party payors or their
149	agents to affect access to and control payment for health care
150	services. Managed-care techniques most often include one or more
151	of the following: prior, concurrent, and retrospective review of
152	the medical necessity and appropriateness of services or site of
153	services; contracts with selected health care providers;
154	financial incentives or disincentives related to the use of
155	specific providers, services, or service sites; controlled
156	access to and coordination of services by a case manager; and
157	payor efforts to identify treatment alternatives and modify
158	benefit restrictions for high-cost patient care.
159	(e)(c)  This subsection is Subparagraphs 10. and 12. of
160	paragraph (b) are subject to the Open Government Sunset Review
161	Act in accordance with s. 119.15 and shall stand repealed on
162	October 2, 2015 2010, unless reviewed and saved from repeal
163	through reenactment by the Legislature.
164	(9)(a)  Those portions of meetings of the governing board
165	of the not-for-profit corporation and meetings of the
166	subsidiaries of the not-for-profit corporation at which
167	information made confidential and exempt pursuant to subsection
168	(8) are discussed are exempt from the expenditure of dollars
169	appropriated to the not-for-profit corporation by the
170	discussed or reported must remain open to the public
171	accordance with s. 286.011 and s. 24(b), Art. I of the State
172	Constitution, unless made confidential or exempt by law. Other
173	meetings of the governing board of the not-for-profit
174	corporation and of the subsidiaries of the not-for-profit
175	corporation are exempt from s. 286.011 and s. 24(b), Art. I of
176	the State Constitution.
177	(b)  Minutes of closed meetings of the governing board of
178	the not-for-profit corporation and its subsidiaries are
179	confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
180	of the State Constitution.
181	Section 2.  The Legislature finds that it is a public
182	necessity to make confidential and exempt from public records
183	requirements the identity of a donor or prospective donor to the
184	not-for-profit corporation of the H. Lee Moffitt Cancer Center
185	and Research Institute or a subsidiary thereof who wishes to
186	remain anonymous. The Legislature finds that the identity of a
187	donor or prospective donor who wishes to remain anonymous should
188	be confidential and exempt from public disclosure in the same
189	manner as provided to direct-support organizations at the state
190	universities in s. 1004.28(5), Florida Statutes. This exemption
191	is necessary because the disclosure of such confidential and
192	exempt information may adversely impact the ability of the not-
193	for-profit corporation or its subsidiaries to receive donations
194	from individuals who request anonymity. In addition, the
195	Legislature finds that patentable materials received, generated,
196	ascertained, or discovered during the course of research
197	conducted by or through the not-for-profit corporation of the H.
198	Lee Moffitt Cancer Center and Research Institute or a subsidiary
199	thereof must be made confidential and exempt because the
200	disclosure of such information would create an unfair
201	competitive advantage for persons receiving such information and
202	would adversely impact the not-for-profit corporation or its
203	subsidiaries. If such confidential and exempt information was
204	released pursuant to a public records request, others would be
205	allowed to avail themselves of the benefits of the research
206	without compensation or reimbursement to the not-for-profit
207	corporation or its subsidiaries. Without the exemptions provided
208	for in this act, the disclosure of confidential and exempt
209	information would place the not-for-profit corporation in an
210	unequal footing in the marketplace as compared with its private
211	research competitors that are not required to disclose
212	confidential and exempt information. The Legislature finds that
213	the disclosure of such confidential and exempt information would
214	adversely impact the ability of the not-for-profit corporation
215	or its subsidiaries to fulfill the mission of research and
216	education.
217	Section 3.  This act shall take effect upon becoming a law.

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