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The School Board of Escambia County

215 West Garden Street

Pensacola, Florida 32502
Telephone: (850) 469-6155 / Facsimile (850) 469-6273

Jeff Bergosh Patricia Hightower, Chair

District 1 District 4

Gerald Boone Pete Gindl, Sr., Vice Chair

District 2 District 5

Claudia Brown-Curry Donna Sessions Waters

District 3 General Counsel

November 17, 2008

Mr. Joel E. Chandler

1355 Forest Park Street
Lakeland, Florida 33803

Re: Your Public Records Request (health insurance and covered employees and
dependent information)

Dear Mr. Chandler:

Jim Paul, Escambia County Superintendent of Schools, has asked me to respond to

your request for health insurance records maintained by the School Board of Escambia
County. The current policies and agreements under which School Board employees
receive health insurance coverage through the District's self-insurance plan are
available online at http://old.escambia.k12.fl.us/adminoff/riskmgt/.

With respect to your request for "all non-exempt information ... for all persons covered
under any health insurance plans provided by the Escambia County School Board,
including dependents," please be advised that the requested records are not maintained
in the format or manner requested. Relevant District records include both exempt (social
security numbers, etc.) and potentially non-exempt data. Moreover, many District
personnel and dependents, and retirees receiving coverage from the District, are among
those for whom specific data are exempt under Section 119.071(4)(d), Florida Statutes,
and other provisions.

For these reasons, the location and retrieval of the large quantity of information
requested will involve extensive supervisory, clerical and information technology
resources by District personnel. District staff have estimated that these costs will come
to approximately $2,500.00. As provided in Section 119.071(4)(d), Florida Statutes, you
will be required to deposit this amount prior to the District commencing the effort to
extract, eliminate specifically exempt data, and retrieve the requested information if and
to the extent not otherwise exempt as discussed below.
The School Board continues to review the question of whether health plan enrollment
information for its employees constitutes "protected health information" as defined in the
Health Insurance Portability and Accountability Act of 1996, Pub. 1. No. 104-191
("HIPAA"), and its regulations. Your request for data concerning "covered persons"
constitutes a request for health plan enrollment information, which in turn appears to be
"individually identifiable health information" because it (i) is received or created by a
health plan, (ii) identifies an individual, and (iii) relates to the past, present, or future
payment for the provision of health care to an individual.

I will advise you concerning the Board's conclusion on the applicability of HIPAA to the
requested information upon your making a deposit for location, retrieval and redaction of
the requested material. Should the final result in this matter be that the District is, in
fact, a covered entity under HIPAA and that the information cannot be released due to
HIPAA Privacy Rules, your deposit will, of course, be returned.

Please advise if you have any questions in the interim.

Yours truly,

Donna Sessions Waters

cc: School Board Members

Jim Paul, Superintendent
Malcolm Thomas, Superintendent-elect
Norm Ross, Deputy Superintendent
Dr. Alan Scott, Assistant Superintendent for Human Resource Services
Kevin Windham, Director of Risk Management
Ronnie Arnold, Associate Superintendent - Public & Interagency Affairs