HB 0011C 2003
1	A bill to be entitled
2	An act relating to a public records and public meetings
3	exemption for the Health Care Professional Liability
4	Insurance Facility; creating s. 627.3576, F.S.; creating
5	exemptions from public records requirements for
6	underwriting files, open claims files, records obtained or
7	generated by an internal auditor for a specified time,
8	licensed proprietary information made confidential by
9	contract, employee assistance program records, information
10	relating to negotiations for financing, reinsurance, or
11	contractual services for a specified time, minutes of
12	closed meetings regarding confidential and exempt
13	underwriting files, and minutes of closed meetings
14	regarding confidential and exempt claims files for a
15	specified time, held by the facility; creating an
16	exemption from public meetings requirements for Health
17	Care Professional Liability Insurance Facility meetings
18	during which confidential and exempt underwriting files or
19	confidential and exempt claims files are discussed;
20	providing requirements regarding such closed meetings and
21	records thereof; providing for future review and repeal;
22	providing a statement of public necessity; providing a
23	contingent effective date.
24
25	Be It Enacted by the Legislature of the State of Florida:
26
27	Section 1. Section 627.3576, Florida Statutes, is created
28	to read:
29	627.3576 Public records exemption for the Health Care
30	Professional Liability Insurance Facility.--
31	(1) The following records and information held by the
32	Health Care Professional Liability Insurance Facility created by
33	s. 627.3575 are confidential and exempt from the provisions of
34	s. 119.07(1) and s. 24(a), Art. I of the State Constitution:
35	(a) Underwriting files, except that a policyholder or an
36	applicant shall have access to his or her own underwriting file.
37	(b) Claims files, until termination of all litigation and
38	settlement of all claims arising out of the same incident.
39	Confidential and exempt claims files may be released to other
40	governmental agencies in the furtherance of their statutory
41	duties and responsibilities. The receiving agency must maintain
42	the confidential and exempt status of the claims file.
43	(c) Records obtained or generated by an internal auditor
44	pursuant to a routine audit, until the audit is completed or, if
45	the audit is conducted as part of an investigation, until the
46	investigation is closed or ceases to be active. An
47	investigation is considered "active" while the investigation is
48	being conducted with a reasonable, good faith belief that it
49	could lead to the filing of administrative, civil, or criminal
50	proceedings.
51	(d) Proprietary information licensed to the facility under
52	contract when the contract provides for the confidentiality of
53	such information.
54	(e) All records relating to an employee’s participation in
55	an employee assistance program designed to assist any employee
56	who has a behavioral or medical disorder, substance abuse
57	problem, or emotional difficulty which affects the employee’s
58	job performance, except as otherwise provided in s.
59	112.0455(11).
60	(f) Information relating to negotiations for financing,
61	reinsurance, or contractual services, until the conclusion of
62	the negotiations.
63	(g) Minutes of closed meetings regarding confidential and
64	exempt underwriting files or confidential and exempt claims
65	files until termination of all litigation and settlement of all
66	claims with regard to that claim, except that information
67	otherwise made exempt or confidential by law will be redacted.
68	(2) Portions of meetings of the board of governors of the
69	facility are exempt from the provisions of s. 286.011 and s.
70	24(b), Art. I of the State Constitution wherein confidential and
71	exempt underwriting files or confidential and exempt claims
72	files are discussed. All closed portions of board meetings shall
73	be recorded by a court reporter. The court reporter shall record
74	the times of commencement and termination of the meeting, all
75	discussion and proceedings, the names of all persons present at
76	any time, and the names of all persons speaking. No portion of
77	any closed meeting shall be off the record. Subject to the
78	provisions hereof and s. 119.07(2)(a), the court reporter's
79	notes of any closed meeting shall be retained by the corporation
80	for a minimum of 5 years. A copy of the transcript, less any
81	confidential and exempt information, of any closed meeting
82	wherein confidential and exempt claims files are discussed shall
83	become public as to individual claims files after settlement of
84	that claim.
85	Section 2. Section 627.3576, Florida Statutes, is subject
86	to the Open Government Sunset Review Act of 1995 in accordance
87	with s. 119.15, Florida Statutes, and shall stand repealed on
88	October 2, 2008, unless reviewed and saved from repeal through
89	reenactment by the Legislature.
90	Section 3. The Legislature finds that it is a public
91	necessity that certain records held by the Health Care
92	Professional Liability Insurance Facility created by s.
93	627.3575, Florida Statutes, be made confidential and exempt from
94	public records requirements and that certain meetings of the
95	facility be made exempt from public meetings requirements. It is
96	a public necessity that underwriting files remain confidential
97	and exempt because such files contain proprietary confidential
98	business information and disclosure could be harmful to the
99	policyholder. It is also a public necessity that open claims
100	files be held confidential and exempt from public disclosure. If
101	open claims files were not protected from public disclosure then
102	claimants would have unfettered access to information held by
103	the facility, which could be used as evidence and for purposes
104	of negotiation, claim evaluation, and settlement considerations.
105	Such use of claim file information could result in higher awards
106	and settlements paid out by the facility, and ultimately result
107	in higher costs for policyholders and their patients. As such,
108	the Legislature finds that it is a public necessity to close
109	access to portions of meetings of the board of governors of the
110	facility wherein confidential and exempt underwriting files and
111	confidential and exempt claims files are discussed, and to make
112	confidential and exempt those portions of the meeting minutes
113	regarding such confidential and exempt files. It is a public
114	necessity that records held by an internal auditor while an
115	audit is incomplete or while an investigation is pending should
116	be held confidential and exempt because otherwise inaccurate
117	information could be released or investigations jeopardized.
118	Also, it is a public necessity that proprietary information
119	licensed to the facility under contract be kept confidential and
120	exempt when the contract provides for such confidentiality
121	because the facility’s ability to enter into necessary contracts
122	would be impaired if proprietary information relating to those
123	contracts was not held confidential and exempt from public
124	disclosure. The Legislature also finds that it is a public
125	necessity to keep confidential and exempt records relating to an
126	employee’s participation in an employee assistance program
127	because such records contain personal, sensitive information
128	regarding an employee’s behavioral, emotional, or medical
129	disorders, the disclosure of which could be harmful to the
130	employee. Finally, it is a public necessity that information
131	relating to negotiations for financing, reinsurance, or
132	contractual services be held confidential and exempt. If such
133	information were not protected from public disclosure, those
134	with whom the facility contracted could have an economic
135	advantage over the facility, thus driving up the costs of doing
136	business, which costs could be passed on to policyholders and
137	their patients.
138	Section 4. This act shall take effect upon becoming a law
139	if HB 15-C or similar legislation is adopted in the same
140	legislative session or an extension thereof and becomes law.