Senate Bill sb0658c1

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    Florida Senate - 2002                            CS for SB 658

    By the Committee on Governmental Oversight and Productivity;
    and Senator Garcia




    302-2322-02

  1                      A bill to be entitled

  2         An act relating to public records and meetings;

  3         amending s. 240.2996, Florida Statutes;

  4         expanding an exemption for university

  5         direct-support organizations, including

  6         meetings and records of community college

  7         direct-support organizations; providing for

  8         future review and repeal; providing a finding

  9         of public necessity; providing an effective

10         date.

11  

12  Be It Enacted by the Legislature of the State of Florida:

13  

14         Section 1.  Notwithstanding subsection (7) of section 3

15  of chapter 2000-321, Laws of Florida, section 240.2996,

16  Florida Statutes, is not repealed on January 7, 2003, as

17  provided in that act, but that section is reenacted and

18  amended to read:

19         240.2996  University and college health services

20  support organization; confidentiality of information.--

21         (1)  All meetings of a governing board of a university

22  or college health services support organization and all

23  university and college health services support organizations'

24  organization records shall be open and available to the public

25  in accordance with s. 286.011 and s. 24(b), Art. I of the

26  State Constitution and chapter 119 and s. 24(a), Art. I of the

27  State Constitution, respectively, unless made confidential or

28  exempt by law. Records required by the Department of Insurance

29  to discharge its duties shall be made available to the

30  department upon request.

31  

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    Florida Senate - 2002                            CS for SB 658
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  1         (2)  The following university and college health

  2  services support organizations' organization's records and

  3  information are confidential and exempt from the provisions of

  4  s. 119.07(1) and s. 24(a), Art. I of the State Constitution:

  5         (a)  Contracts for managed care arrangements under

  6  which the university or college health services support

  7  organization provides health care services, preferred provider

  8  organization contracts, health maintenance organization

  9  contracts, alliance network arrangements, and exclusive

10  provider organization contracts, and any documents directly

11  relating to the negotiation, performance, and implementation

12  of any such contracts for managed care arrangements or

13  alliance network arrangements. As used in this paragraph, the

14  term "managed care" means systems or techniques generally used

15  by third-party payors or their agents to affect access to and

16  control payment for health care services. Managed-care

17  techniques most often include one or more of the following:

18  prior, concurrent, and retrospective review of the medical

19  necessity and appropriateness of services or site of services;

20  contracts with selected health care providers; financial

21  incentives or disincentives related to the use of specific

22  providers, services, or service sites; controlled access to

23  and coordination of services by a case manager; and payor

24  efforts to identify treatment alternatives and modify benefit

25  restrictions for high-cost patient care.

26         (b)  Each university and college health services

27  support organization's marketing plan the disclosure of which

28  may reasonably be expected by the organization's governing

29  board to be used by a competitor or an affiliated provider of

30  the organization to frustrate, circumvent, or exploit the

31  purposes of the plan before it is implemented and which is not

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    Florida Senate - 2002                            CS for SB 658
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  1  otherwise known or cannot be legally obtained by a competitor

  2  or an affiliated provider.  However, documents that are

  3  submitted to the organization's governing board as part of the

  4  board's approval of the organization's budget, and the budget

  5  itself, are not confidential and exempt.

  6         (c)  Trade secrets, as defined in s. 688.002, including

  7  reimbursement methodologies and rates.

  8         (d)  The records of the peer review panels, committees,

  9  governing board, and agents of the university or college

10  health services support organization which relate solely to

11  the evaluation of health care services and professional

12  credentials of health care providers and physicians employed

13  by or providing services under contract to the university or

14  college health services support organization.  The exemptions

15  created by this paragraph shall not be construed to impair any

16  otherwise established rights of an individual health care

17  provider to inspect documents concerning the determination of

18  such provider's professional credentials.

19         (3)  Any portion of a governing board or peer review

20  panel or committee meeting during which a confidential and

21  exempt contract, document, record, marketing plan, or trade

22  secret, as provided for in subsection (2), is discussed is

23  exempt from the provisions of s. 286.011 and s. 24(b), Art. I

24  of the State Constitution.

25         (4)  Those portions of any public record, such as a

26  tape recording, minutes, and notes, generated during that

27  portion of a governing board or peer review panel or committee

28  meeting which is closed to the public pursuant to this

29  section, which contain information relating to contracts,

30  documents, records, marketing plans, or trade secrets which

31  are made confidential and exempt by this section, are

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    Florida Senate - 2002                            CS for SB 658
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  1  confidential and exempt from the provisions of s. 119.07(1)

  2  and s. 24(a), Art. I of the State Constitution.

  3         (5)  The exemptions from s. 119.07(1) and s. 24(a),

  4  Art. I of the State Constitution and s. 286.011 and s. 24(b),

  5  Art. I of the State Constitution provided in this section do

  6  not apply if the governing board of a university or college

  7  health services support organization votes to lease, sell, or

  8  transfer all or any substantial part of the facilities or

  9  property of the university or college health services support

10  organization to a nonpublic entity.

11         (6)  Any person may petition a court of competent

12  jurisdiction for an order for the public release of those

13  portions of any public record, such as a tape recording,

14  minutes, or notes, generated during that portion of a

15  governing board meeting which is closed to the public pursuant

16  to subsection (3), which record is made confidential and

17  exempt by subsection (4). Any action pursuant to this

18  subsection must be brought in the county where the principal

19  office of the university or college health services support

20  organization is located, as reflected in the records of the

21  custodian of state records Secretary of State. In any order

22  for the public release of a record pursuant to this

23  subsection, the court shall make a finding that a compelling

24  public interest is served by the release of the record or

25  portions thereof which exceeds the public necessity for

26  maintaining the confidentiality of such record as described in

27  s. 2, chapter 96-171, Laws of Florida, and that the release of

28  the record will not cause damage to or adversely affect the

29  interests of private persons, business entities, the

30  university or college health services support organization, or

31  the affiliated university or college.

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    Florida Senate - 2002                            CS for SB 658
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  1         (7)  Those portions of any public record, such as a

  2  tape recording, minutes, or notes, generated during that

  3  portion of a governing board meeting at which negotiations for

  4  contracts for managed-care arrangements occur, are reported

  5  on, or are acted on by the governing board, which record is

  6  made confidential and exempt by subsection (4), shall become

  7  public records 2 years after the termination or completion of

  8  the term of the contract to which such negotiations relate or,

  9  if no contract was executed, 2 years after the termination of

10  the negotiations. Notwithstanding paragraph (2)(a) and

11  subsection (4), a university or college health services

12  support organization must make available, upon request, the

13  title and general description of a contract for managed-care

14  arrangements, the names of the contracting parties, and the

15  duration of the contract term. All contracts for managed-care

16  arrangements which are made confidential and exempt by

17  paragraph (2)(a), except those portions of any contract

18  containing trade secrets which are made confidential and

19  exempt by paragraph (2)(c), shall become public 2 years after

20  the termination or completion of the term of the contract.

21         (8)  A university or college health services support

22  organization may petition a court of competent jurisdiction to

23  continue the confidentiality of any public record made

24  nonconfidential by this section, upon a showing of good cause.

25  In determining good cause, the court shall balance the

26  property, privacy, and economic interests of any affected

27  person or business entity with those of the university or

28  college health services support organization and with the

29  public interest and must make a finding that a substantial

30  public interest is served by the continued confidentiality of

31  the public record for an additional time period. The length of

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    Florida Senate - 2002                            CS for SB 658
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  1  time for this continued exemption may be no longer than is

  2  necessary to protect that substantial public interest.

  3         (9)  This act does not preclude discovery of records

  4  and information that are otherwise discoverable under the

  5  Florida Rules of Civil Procedure or any statutory provision

  6  allowing discovery or presuit disclosure of such records and

  7  information for the purpose of civil actions.

  8         Section 2.  The Legislature finds it is a public

  9  necessity to exempt certain contracts for managed care

10  arrangements, marketing plans, trade secrets, reimbursement

11  methodologies and rates, records of peer review boards that

12  evaluate health care services and professional credentials of

13  health care providers and physicians, and peer review meetings

14  under section 240.2996, Florida Statutes, from disclosure to

15  protect a business advantage that a health support

16  organization has over its competitors, disclosure of which

17  would impair the business advantage by allowing competitors

18  with detailed insight into confidential information concerning

19  the methodology and strategic plans of the health support

20  organization thereby causing injury in the marketplace. The

21  exemption for certain peer review meetings ensures that a

22  governmental program will be effectively and efficiently

23  administered because of the reluctance of healthcare providers

24  to publicly comment on the qualifications of another

25  healthcare provider.

26         Section 3.  This act shall take effect January 7, 2003.

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    Florida Senate - 2002                            CS for SB 658
    302-2322-02




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                         Senate Bill 658

  3                                 

  4  Expands exemption for university health services support
    organizations to include community colleges.
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    Provides an effective date of January 7, 2003.
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