2017 Legislature SB 2510, 1st Engrossed
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
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.