Insurer/Past-Due Child Support Data Match System Gets One-Year Public Records Extension To Assist Federal Program Implementation

House Bill 7039 relating to Open Government Sunset Review/ Insurance Claim Data Exchange Information was passed unanimously by the Florida Senate on April 29, 2009.

If signed by Florida Governor Charlie Crist, the bill will secure another year of public records exemption for certain records obtained by the Florida Department of Revenue (“DOR”) under Florida’s Insurance Claim Data Exchange System (“ICDE”), which identifies noncustodial parents who owe past-due child support, and who also have a claim with an insurer.  This process allows insurers to voluntarily provide the DOR with the name, address, and if known, date of birth and social security number or other taxpayer identification number for each noncustodial parent identified as having a claim.  The data provided can be used only for purposes of child support enforcement.

HB 7039 extends the ICDE repeal date under the Open Government Sunset Review Act from October 2, 2009, to October 2, 2010, thereby reenacting the public records exemption for information obtained by the DOR pursuant to the ICDE.

However, the DOR currently does not match data files with insurance companies using the Insurance Claim Data Exchange statute.   Rather, according to the DOR, it had taken steps to implement the statute by contacting most of Florida’s top 25 insurers.  During this time, insurers were responding to claims resulting from damage caused during the 2004 hurricane season.  Therefore, the DOR decided to postpone working on the ICDE initiative at the request of those insurers. The DOR did not re-initiate contact with the insurers, nor did it attempt to resume implementation activities due to its resources being otherwise dedicated.

In February 2006, the Deficit Reduction Act of 2005 (“the Act”) was enacted by Congress.  The Act amended federal law to authorize the Federal Department of Health and Human Services (“HHS”) to compare information concerning individuals owing past-due child support with information maintained by insurers concerning insurance claims, settlements, awards, and payments. The Act further allowed HHS to furnish information resulting from the data matches to state agencies responsible for child support. 

Rather than re-engage insurers in the implementation of ICDE, Florida’s DOR chose to monitor the results of a federal workgroup charged with implementing the nationwide insurance data match program in other states before implementing the federal program in Florida.

Armed with the extension, the DOR reports it should be able to determine the success of the federal program by January, 2010.

The Open Government Sunset Review Act requires the Florida Legislature to review each public record and each public meeting exemption five years after enactment.  If the Legislature does not reenact the exemption, it automatically repeals on October 2 of the fifth year after enactment.

HB 7039 is effective upon becoming a law.

For additional information on Florida’s legislative process and terminology, click here.

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

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