Taxpayers don't know what they are getting for their money despite some lawmakers pushing for more accountability and information. Why? A web of exceptions to Tennessee's Public Records laws and lack of meaningful reporting on outcomes prevent transparency in the state's economic development programs.
A proposed public records exemption would make confidential "all proprietary information" received by the state from its health insurance contractors, including but not limited to information or data about reimbursement rates paid through the state's self-funded employee health plan. Access to information showing the disparities in payments to health care providers for the same services became an issue in 2019 when then-state Rep. Martin Daniel of Knoxville sought to get data to see if the state was reaping savings it should. After Daniel sought the information, the three large health care companies who contract with the state to administer the state’s employee health care plan — BlueCross Blue Shield of [...]
Following is a list of new public records exemptions and other public record laws passed by the 111th General Assembly, plus some proposals that failed or were delayed until next year. TCOG 2019 Legislative Report (If you would like to print this, here is the legislative report in PDF format without photos.) The new exemptions add to a list that is nearing 600. Citizens can expect some bills related to public records to re-emerge when the Legislature reconvenes Jan. 14, 2020. One of the more significant bills that was delayed, but attracted a lot of attention late in the session, would create a process for an injunction against a public [...]
“It is we, the Legislature, representatives of the people, who should declare what is a trade secret and what is confidential (about government transactions). Not these private entities who are receiving government benefits.” State Rep. Martin Daniel, R-Knoxville, in presenting HB 370. House Bill 370, which would have limited the ability of businesses to claim a government payment to them as confidential under the trade secret law, failed in subcommittee on Wednesday. While my organization, Tennessee Coalition for Open Government, was disappointed in the vote, the issue got a fair hearing from the subcommittee and allowed us to share with lawmakers a potential problem. The bill would have changed the [...]
Government officials have found an effective way to keep secrets, especially when they don’t want taxpayers and voters to know about sweetheart deals with favored businesses. It works something like this. First, the government officials sign a non-disclosure agreement with the business that says that anything in an upcoming government contract with the business could be considered proprietary, a trade secret or otherwise confidential information of the business, and not disclosable under Tennessee Public Records law. Next, they agree that they will not disclose anything to members of the public about the deal’s details, even at a public meeting in which a governing body must vote on it. Often, they [...]