(1)
When soliciting proposals for the purpose of awarding contracts
for goods or services, the administrator shall, upon written
request by the bidder, exempt from public inspection and copying
such proprietary data, trade secrets, or other information
contained in the bidder's proposal that relate to the bidder's
unique methods of conducting business or of determining prices or
premium rates to be charged for services under terms of the
proposal.
(2) When soliciting information for the development,
acquisition, or implementation of state purchased health care
services, the administrator shall, upon written request by the
respondent, exempt from public inspection and copying such
proprietary data, trade secrets, or other information submitted
by the respondent that relate to the respondent's unique methods
of conducting business, data unique to the product or services of
the respondent, or to determining prices or rates to be charged
for services.
(3) Actuarial formulas, statistics, cost and utilization
data, or other proprietary information submitted upon request of
the administrator, board, or a technical review committee created
to facilitate the development, acquisition, or implementation of
state purchased health care under this chapter by a contracting
insurer, health care service contractor, health maintenance
organization, vendor, or other health services organization may
be withheld at any time from public inspection when necessary to
preserve trade secrets or prevent unfair competition.
(4) The board, or a technical review committee created to
facilitate the development, acquisition, or implementation of
state purchased health care under this chapter, may hold an
executive session in accordance with chapter 42.30 RCW during any
regular or special meeting to discuss information submitted in
accordance with subsections (1) through (3) of this section.
(5) A person who challenges a request for or designation of
information as exempt under this section is entitled to seek
judicial review pursuant to chapter 42.56 RCW.
[2005 c 274 § 277; 2003 c 277 § 2; 1991 c 79 § 1; 1990 c 222 § 6.]
NOTES:
Part headings not law -- Effective date -- 2005 c 274: See RCW 42.56.901 and 42.56.902.