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The Florida Senate

CS/HB 1473 — Public Records/Florida Health Choices Program

by Government Operations Subcommittee and Rep. Corcoran (CS/CS/SB 1456 by Governmental Oversight and Accountability Committee; Children, Families, and Elder Affairs Committee; and Senator Garcia)

This summary is provided for information only and does not represent the opinion of any Senator, Senate Officer, or Senate Office.

Prepared by: Health Regulation Committee (HR)

The bill creates exemptions from the state’s public records requirements for specified types of information relating to enrollment or participation in the Florida Health Choices program. 

The Florida Health Choices program is a single, centralized marketplace for the sale and purchase of health care coverage, including, but not limited to, health insurance plans, health maintenance organization (HMO) plans, prepaid health services, and flexible spending accounts. Policies sold under the program are exempt from regulation under the Florida Insurance Code and laws governing HMOs. Current law specifies entities eligible to purchase products through, and participate in, the program; vendors eligible to participate in the program; and individuals eligible to enroll in the program. 

The bill creates a public record exemption for the following information held by the program: 

  • Personal identifying information of an enrollee or participant who has applied for or participates in the program;
  • Client lists and customer lists of a buyer’s representative; and
  • Proprietary confidential business information. 

The bill provides for retroactive application of the public record exemptions to cover information held by the program before, on, or after the effective date of the exemptions. It provides exceptions to the exemptions and provides criminal penalties for violation of the public record exemptions.

The bill provides for repeal of the exemptions on October 2, 2016, unless reviewed and saved from repeal by the Legislature. It also provides a statement of public necessity as required by the State Constitution.

If approved by the Governor, these provisions take effect October 1, 2011.
Vote:  Senate 38-1; House 114-0