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