House Bill hb2003
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    Florida House of Representatives - 2002                HB 2003
        By the Council for Healthy Communities and Representative
    Fasano
  1                      A bill to be entitled
  2         An act relating to the confidentiality of
  3         information relating to the not-for-profit
  4         corporation which governs and operates the
  5         Florida Alzheimer's Center and Research
  6         Institute or its subsidiaries; providing
  7         exemptions from the public records and meetings
  8         provisions of the Florida Constitution and
  9         Florida law for certain records and meetings of
10         the not-for-profit corporation governing and
11         operating the Florida Alzheimer's Center and
12         Research Institute and of certain records and
13         meetings of subsidiaries of such not-for-profit
14         corporation; providing a statement of public
15         necessity for such exemptions; providing a
16         contingent effective date.
17
18  Be It Enacted by the Legislature of the State of Florida:
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20         Section 1.  (1)(a)  Records of the not-for-profit
21  corporation governing and operating the Florida Alzheimer's
22  Center and Research Institute and of its subsidiaries are
23  public records unless made confidential or exempt by law.
24         (b)  Proprietary confidential business information is
25  confidential and exempt from the provisions of s. 119.07(1),
26  Florida Statutes, and s. 24(a), Art. I of the State
27  Constitution.  However, the Auditor General, the Office of
28  Program Policy Analysis and Government Accountability, and the
29  State Board of Education, pursuant to their oversight and
30  auditing functions, must be given access to all proprietary
31  confidential business information upon request and without
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    Florida House of Representatives - 2002                HB 2003
    404-152-02
  1  subpoena and must maintain the confidentiality of information
  2  so received. As used in this paragraph, the term "proprietary
  3  confidential business information" means information,
  4  regardless of its form or characteristics, which is owned or
  5  controlled by the not-for-profit corporation or its
  6  subsidiaries; is intended to be and is treated by the
  7  not-for-profit corporation or its subsidiaries as private and
  8  the disclosure of which would harm the business operations of
  9  the not-for-profit corporation or its subsidiaries; has not
10  been intentionally disclosed by the corporation or its
11  subsidiaries unless pursuant to law, an order of a court or
12  administrative body, a legislative proceeding pursuant to s.
13  5, Art. III of the State Constitution, or a private agreement
14  that provides that the information may be released to the
15  public; and which is information concerning:
16         1.  Internal auditing controls and reports of internal
17  auditors;
18         2.  Matters reasonably encompassed in privileged
19  attorney-client communications;
20         3.  Contracts for managed-care arrangements, including
21  preferred provider organization contracts, health maintenance
22  organization contracts, and exclusive provider organization
23  contracts, and any documents directly relating to the
24  negotiation, performance, and implementation of any such
25  contracts for managed-care arrangements;
26         4.  Bids or other contractual data, banking records,
27  and credit agreements, the disclosure of which would impair
28  the efforts of the not-for-profit corporation or its
29  subsidiaries to contract for goods or services on favorable
30  terms;
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    Florida House of Representatives - 2002                HB 2003
    404-152-02
  1         5.  Information relating to private contractual data,
  2  the disclosure of which would impair the competitive interest
  3  of the provider of the information;
  4         6.  Corporate officer and employee personnel
  5  information;
  6         7.  Information relating to the proceedings and records
  7  of credentialing panels and committees and of the governing
  8  board of the not-for-profit corporation or its subsidiaries
  9  relating to credentialing;
10         8.  Minutes of meetings of the governing board of the
11  not-for-profit corporation and its subsidiaries, except
12  minutes of meetings open to the public pursuant to subsection
13  (2);
14         9.  Information that reveals plans for marketing
15  services that the corporation or its subsidiaries reasonably
16  expect to be provided by competitors;
17         10.  Trade secrets as defined in s. 688.002, Florida
18  Statutes, including reimbursement methodologies or rates; or
19         11.  The identity of donors or prospective donors of
20  property who wish to remain anonymous or any information
21  identifying such donors or prospective donors.  The anonymity
22  of these donors or prospective donors must be maintained in
23  the auditor's report.
24
25  As used in this paragraph, the term "managed care" means
26  systems or techniques generally used by third-party payors or
27  their agents to affect access to and control payment for
28  health care services. Managed-care techniques most often
29  include one or more of the following:  prior, concurrent, and
30  retrospective review of the medical necessity and
31  appropriateness of services or site of services; contracts
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    Florida House of Representatives - 2002                HB 2003
    404-152-02
  1  with selected health care providers; financial incentives or
  2  disincentives related to the use of specific providers,
  3  services, or service sites; controlled access to and
  4  coordination of services by a case manager; and payor efforts
  5  to identify treatment alternatives and modify benefit
  6  restrictions for high-cost patient care.
  7         (2)  Meetings of the governing board of the
  8  not-for-profit corporation and meetings of the subsidiaries of
  9  the not-for-profit corporation at which the expenditure of
10  dollars appropriated to the not-for-profit corporation by the
11  state are discussed or reported must remain open to the public
12  in accordance with s. 286.011, Florida Statutes, and s. 24(b),
13  Art. I of the State Constitution, unless made confidential or
14  exempt by law. Other meetings of the governing board of the
15  not-for-profit corporation and of the subsidiaries of the
16  not-for-profit corporation are exempt from s. 286.011, Florida
17  Statutes, and s. 24(b), Art. I of the State Constitution.
18         Section 2.  (1)  The Legislature finds that the state
19  has provided for a substantial investment of public funds in
20  the not-for-profit corporation known as the Florida
21  Alzheimer's Center and Research Institute. Because of the high
22  incidence of Alzheimer's disease in this state, the
23  Legislature recognizes the need for the public to have access
24  to the services provided by the not-for-profit corporation or
25  its subsidiaries and it further recognizes the need for the
26  not-for-profit corporation to fulfill its mission in
27  Alzheimer's disease research and teaching. It is also the
28  intent of the Legislature that the not-for-profit corporation
29  or its subsidiaries not be at a disadvantage in a competitive
30  health care environment. It is further the intent of the
31  Legislature that the not-for-profit corporation and its
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    Florida House of Representatives - 2002                HB 2003
    404-152-02
  1  subsidiaries have the freedom to act in all regards as a
  2  private not-for-profit corporation.
  3         (2)  The Legislature finds that it is a public
  4  necessity that certain records of the not-for-profit
  5  corporation or its subsidiaries which contain proprietary
  6  confidential business information regarding internal policies
  7  or operations, attorney-client communications, contracts and
  8  contract negotiation, personnel information, certain
  9  proceedings and records and minutes, marketing and strategic
10  plans, trade secrets, and donor information be held
11  confidential and exempt from disclosure. These exemptions are
12  necessary because these records contain information that, if
13  disclosed, would adversely impact the not-for-profit
14  corporation or its subsidiaries in the competitive health care
15  environment. Disclosure of such information would place the
16  not-for-profit corporation or its subsidiaries on an unequal
17  footing in the marketplace as compared with private health
18  care providers that are not required to disclose such
19  confidential information. It is, likewise, a public necessity
20  that the meetings of the governing board of the not-for-profit
21  corporation and its subsidiaries at which the expenditure of
22  public dollars appropriated by the Legislature is discussed or
23  reported be open to the public. It is no less a public
24  necessity that other meetings of the governing board of the
25  not-for-profit corporation and of the governing boards of
26  subsidiaries be closed in order to protect the competitive
27  interest of the not-for-profit corporation or its subsidiaries
28  and to guarantee the ability of the not-for-profit corporation
29  to fulfill its Alzheimer's disease research and teaching
30  mission for the benefit of the public.
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    Florida House of Representatives - 2002                HB 2003
    404-152-02
  1         Section 3.  This act shall take effect July 1, 2002, if
  2  HB .... or similar legislation is adopted in the same
  3  legislative session or an extension thereof and becomes law.
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  6                          HOUSE SUMMARY
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      Provides exemptions from the public records and meetings
  8    provisions of the Florida Constitution and Florida law
      for certain records and meetings of the not-for-profit
  9    corporation governing and operating the Florida
      Alzheimer's Center and Research Institute, and the public
10    necessity for such exemptions. See bill for details.
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