Florida Senate Recommends Continued Public Records Exemption For Certain Self-Insurers Guaranty Association and Claims Information

In a recently-released Interim Committee Report, the Florida Senate Committee on Banking and Insurance (“Committee”) recommended that claim files, specified medical records and certain portions of Florida Self-Insurers Guaranty Association (“Association”) meetings should continue to be exempt from the public record.

Currently under the general oversight of the Florida Department of Financial Services, the Association was created to provide a mechanism for funding the coverage of workers’ compensation claims of individual insolvent self-insurers other than public utilities or governmental entities. The costs of the self-insurance guaranty are allocated among the individual self-insurers.

The current exemption will sunset on October 2, 2010 unless reenacted by the Florida Legislature and pertains to the following records:

1. Claims files, until all litigation from an accident is terminated and the claims have been settled
2. Medical records that are part of a claims file and other information relating to the medical condition or status of a claimant
3. Minutes of Association meetings during which such claims are discussed, until all litigation is terminated and all claims have been settled

To view the report, entitled “Open Government Sunset Review of Section 440.3851, F.S., Florida Self-Insurers Guaranty Association, Incorporated,” click here.

Should you have any questions or comments, please contact Colodny Fass.

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