Florida Senate - 2017             CONFERENCE COMMITTEE AMENDMENT
       Bill No. SB 2510
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                 Floor: AD/CR          .           Floor: AD            
             05/08/2017 02:59 PM       .      05/08/2017 08:01 PM       

       The Conference Committee on SB 2510 recommended the following:
    1         Senate Conference Committee Amendment (with title
    2  amendment)
    4         Delete everything after the enacting clause
    5  and insert:
    6         Section 1. Section 110.12301, Florida Statutes, is amended
    7  to read:
    8         110.12301 Competitive procurement of postpayment claims
    9  review services; public records exemption.—
   10         (1) The Division of State Group Insurance is directed to
   11  competitively procure:
   12         (1) postpayment claims review services for the state group
   13  health insurance plans established pursuant to s. 110.123.
   14  Compensation under the contract shall be paid from amounts
   15  identified as claim overpayments that are made by or on behalf
   16  of the health plans and that are recovered by the vendor. The
   17  vendor may retain that portion of the amount recovered as
   18  provided in the contract. The contract must require the vendor
   19  to maintain all necessary documentation supporting the amounts
   20  recovered, retained, and remitted to the division; and
   21         (2) The Division of State Group Insurance is directed to
   22  competitively procure a contingency-based contract for dependent
   23  eligibility verification services for the state group insurance
   24  program; however, compensation under the contract may not exceed
   25  historical claim costs for the prior 12 months for the dependent
   26  populations disenrolled as a result of the vendor’s services.
   27  The division may establish a 3-month grace period and hold
   28  subscribers harmless for past claims of ineligible dependents.
   29  The Department of Management Services shall submit budget
   30  amendments pursuant to chapter 216 in order to obtain budget
   31  authority necessary to expend funds from the State Employees’
   32  Group Health Self-Insurance Trust Fund for payments to the
   33  vendor as provided in the contract.
   34         (3) Records collected for purposes of dependent eligibility
   35  verification services conducted for the state group insurance
   36  program, as authorized under subsection (2), and held by the
   37  department are confidential and exempt from s. 119.07(1) and s.
   38  24(a), Art. I of the State Constitution. This subsection does
   39  not apply to records that are otherwise open for inspection and
   40  copying which are held by the department for purposes other than
   41  for the performance of dependent eligibility verification
   42  services. This subsection is subject to the Open Government
   43  Sunset Review Act in accordance with s. 119.15 and shall stand
   44  repealed on October 2, 2022, unless reviewed and saved from
   45  repeal through reenactment by the Legislature.
   46         Section 2. (1) The Legislature finds that it is a public
   47  necessity that records collected for purposes of dependent
   48  eligibility verification services conducted for the state group
   49  insurance program, authorized under s. 110.12301(2), Florida
   50  Statutes, and held by the Department of Management Services be
   51  confidential and exempt from s. 119.07(1), Florida Statutes, and
   52  s. 24(a), Article I of the State Constitution. Enrollment in the
   53  state group insurance program is available to all state
   54  employees, their children, their adult dependents, and, in
   55  certain circumstances, even their grandchildren. Eligible
   56  enrollees for the program include officers and employees from
   57  all three branches of state government and represent numerous
   58  professions. Employees are required to produce sensitive and
   59  personal information related to the state employees’ and their
   60  dependents’ health, finances, and personal relationships to
   61  verify their eligibility to participate in the state group
   62  insurance program. Eligibility verification can require state
   63  employees to produce a variety of documentation, including proof
   64  of marriages and divorces, child custody, children’s education
   65  status, as well as the mental and medical records related to
   66  their children with disabilities. Absent the public records
   67  exemption, state employees subject to the verification process
   68  may be hesitant or less cooperative in producing documents or
   69  information out of fear that they or their families would be
   70  exposed to public ridicule or humiliation because the details of
   71  their personal lives would be subject to public disclosure.
   72  Personnel may also be uncooperative if they are concerned that
   73  they or their families may be exposed to public scorn or be
   74  subject to legal action for inappropriately or mistakenly
   75  claiming ineligible dependents. Protecting such information
   76  helps to protect state employees and their families from
   77  criminal or inappropriate use of their personal information.
   78  Enrollees and their families would be at increased risk of
   79  identity theft and fraud if the public had unfettered access to
   80  documents requested by the Department of Management Services to
   81  verify dependent eligibility.
   82         (2) The Legislature further recognizes that some of the
   83  records produced to verify dependent eligibility are not exempt
   84  or confidential and exempt from public records requirements when
   85  held by other agencies under existing law. Through this act, the
   86  Legislature does not intend to make such records exempt or
   87  confidential and exempt from public records requirements other
   88  than for records held by the Department of Management Services
   89  for the express purpose of dependent eligibility verification.
   90  The verification program ensures that taxpayer money and
   91  resources of the state group insurance program are spent
   92  appropriately on eligible dependents. This exemption will
   93  promote effective and efficient administration of the program
   94  which would otherwise be significantly impaired without the
   95  exemption.
   96         Section 3. This act shall take effect on the same date that
   97  SB 2508 or similar legislation takes effect, if such legislation
   98  is adopted in the same legislative session or an extension
   99  thereof and becomes law.
  101  ================= T I T L E  A M E N D M E N T ================
  102  And the title is amended as follows:
  103         Delete everything before the enacting clause
  104  and insert:
  105                        A bill to be entitled                      
  106         An act relating to public records; amending s.
  107         110.12301, F.S.; creating an exemption from public
  108         records requirements for records collected for
  109         dependent eligibility verification services for the
  110         state group insurance program and held by the
  111         Department of Management Services; providing for
  112         construction; providing for future legislative review
  113         and repeal; providing a statement of public necessity;
  114         providing a contingent effective date.