Florida Senate - 2017                   (PROPOSED BILL) SPB 2510
       FOR CONSIDERATION By the Committee on Appropriations
       576-02620-17                                          20172510pb
    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         (a)(1) Postpayment claims review services for the state
   21  group 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         (b)(2) A contingency-based contract for dependent
   30  eligibility verification services for the state group insurance
   31  program; however, compensation under the contract may not exceed
   32  historical claim costs for the prior 12 months for the dependent
   33  populations disenrolled as a result of the vendor’s services.
   34  The division may establish a 3-month grace period and hold
   35  subscribers harmless for past claims of ineligible dependents.
   36  The Department of Management Services shall submit budget
   37  amendments pursuant to chapter 216 in order to obtain budget
   38  authority necessary to expend funds from the State Employees’
   39  Group Health Self-Insurance Trust Fund for payments to the
   40  vendor as provided in the contract.
   41         (2) Records collected for purposes of dependent eligibility
   42  verification services conducted for the state group insurance
   43  program, as authorized under paragraph (1)(b), and held by the
   44  department are confidential and exempt from s. 119.07(1) and s.
   45  24(a), Art. I of the State Constitution. This subsection does
   46  not apply to records that are otherwise open for inspection and
   47  copying which are held by the department for purposes other than
   48  for the performance of dependent eligibility verification
   49  services. This subsection is subject to the Open Government
   50  Sunset Review Act in accordance with s. 119.15 and shall stand
   51  repealed on October 2, 2022, unless reviewed and saved from
   52  repeal through reenactment by the Legislature.
   53         Section 2. (1) The Legislature finds that it is a public
   54  necessity that records collected for purposes of dependent
   55  eligibility verification services conducted for the state group
   56  insurance program, authorized under s. 110.12301(1)(b), Florida
   57  Statutes, and held by the Department of Management Services be
   58  confidential and exempt from s. 119.07(1), Florida Statutes, and
   59  s. 24(a), Article I of the State Constitution. Enrollment in the
   60  state group insurance program is available to all state
   61  employees, their children, their adult dependents, and, in
   62  certain circumstances, even their grandchildren. Eligible
   63  enrollees for the program include officers and employees from
   64  all three branches of state government and represent numerous
   65  professions. Employees are required to produce sensitive and
   66  personal information related to the state employees’ and their
   67  dependents’ health, finances, and personal relationships to
   68  verify their eligibility to participate in the state group
   69  insurance program. Eligibility verification can require state
   70  employees to produce a variety of documentation, including proof
   71  of marriages and divorces, child custody, children’s education
   72  status, as well as the mental and medical records related to
   73  their children with disabilities. Absent the public records
   74  exemption, state employees subject to the verification process
   75  may be hesitant or less cooperative in producing documents or
   76  information out of fear that they or their families would be
   77  exposed to public ridicule or humiliation because the details of
   78  their personal lives would be subject to public disclosure.
   79  Personnel may also be uncooperative if they are concerned that
   80  they or their families may be exposed to public scorn or be
   81  subject to legal action for inappropriately or mistakenly
   82  claiming ineligible dependents. Protecting such information
   83  helps to protect state employees and their families from
   84  criminal or inappropriate use of their personal information.
   85  Enrollees and their families would be at increased risk of
   86  identity theft and fraud if the public had unfettered access to
   87  documents requested by the Department of Management Services to
   88  verify dependent eligibility.
   89         (2) The Legislature further recognizes that some of the
   90  records produced to verify dependent eligibility are not exempt
   91  or confidential and exempt from public records requirements when
   92  held by other agencies under existing law. Through this act, the
   93  Legislature does not intend to make such records exempt or
   94  confidential and exempt from public records requirements other
   95  than for records held by the Department of Management Services
   96  for the express purpose of dependent eligibility verification.
   97  The verification program ensures that taxpayer money and
   98  resources of the state group insurance program are spent
   99  appropriately on eligible dependents. This exemption will
  100  promote effective and efficient administration of the program
  101  which would otherwise be significantly impaired without the
  102  exemption.
  103         Section 3. This act shall take effect on the same date that
  104  SB 2508 or similar legislation takes effect, if such legislation
  105  is adopted in the same legislative session or an extension
  106  thereof and becomes law.