Florida Senate - 2014              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. CS for SB 782
       
       
       
       
       
                               Ì205260sÎ205260                          
       
       576-03669-14                                                    
       Proposed Committee Substitute by the Committee on Appropriations
       (Appropriations Subcommittee on Health and Human Services)
    1                        A bill to be entitled                      
    2         An act relating to government data practices; amending
    3         s. 257.36, F.S.; requiring the Division of Library and
    4         Information Services of the Department of State to
    5         adopt rules providing procedures for an agency to
    6         establish schedules for the physical destruction or
    7         other disposal of records containing personal
    8         identification information; creating part IV of ch.
    9         282, F.S., consisting of s. 282.801, F.S.; providing
   10         definitions; requiring an agency that collects and
   11         maintains personal identification information to post
   12         a privacy policy on the agency’s website; prescribing
   13         minimum requirements for a privacy policy; requiring
   14         an agency to provide notice of the installation of
   15         cookies on an individual’s computer; requiring that an
   16         individual who would otherwise be granted access to an
   17         agency’s website be granted access even if he or she
   18         declines to have the cookie installed; providing an
   19         exception; requiring that privacy policy requirements
   20         be specified in a contract between a public agency and
   21         a contractor; providing exceptions; specifying that a
   22         violation does not create a civil cause of action;
   23         requiring the Office of Program Policy Analysis and
   24         Government Accountability to submit a report to the
   25         Legislature by a specified date; providing report
   26         requirements; creating s. 429.55, F.S.; requiring the
   27         Agency for Health Care Administration to provide
   28         specified data on assisted living facilities by a
   29         certain date; providing minimum requirements for such
   30         data; authorizing the agency to create a comment
   31         webpage regarding assisted living facilities;
   32         providing minimum requirements; authorizing the agency
   33         to provide links to certain third-party websites;
   34         authorizing the agency to adopt rules; amending s.
   35         408.05, F.S.; dissolving the Center for Health
   36         Information and Policy Analysis within the Agency for
   37         Health Care Administration; requiring the agency to
   38         coordinate a system to promote access to certain data
   39         and information; requiring that certain health-related
   40         data be included within the system; assigning duties
   41         to the agency relating to the collection and
   42         dissemination of data; establishing conditions for the
   43         funding of the system; requiring the Office of Program
   44         Policy Analysis and Government Accountability to
   45         monitor the agency’s implementation of the health
   46         information system; requiring the Office of Program
   47         Policy Analysis and Government Accountability to
   48         submit a report to the Legislature after completion of
   49         the implementation; providing report requirements;
   50         reenacting s. 120.54(8), F.S., relating to rulemaking,
   51         to incorporate the amendment made to s. 257.36, F.S.,
   52         in a reference thereto; amending ss. 20.42, 381.026,
   53         395.301, 395.602, 395.6025, 408.07, 408.18, 465.0244,
   54         627.6499, and 641.54, F.S.; conforming provisions to
   55         changes made by the act; providing an effective date.
   56          
   57  Be It Enacted by the Legislature of the State of Florida:
   58  
   59         Section 1. Subsection (6) of section 257.36, Florida
   60  Statutes, is amended to read:
   61         257.36 Records and information management.—
   62         (6) A public record may be destroyed or otherwise disposed
   63  of only in accordance with retention schedules established by
   64  the division. The division shall adopt reasonable rules
   65  consistent not inconsistent with this chapter which are shall be
   66  binding on all agencies relating to the destruction and
   67  disposition of records. Such rules must shall provide, but need
   68  not be limited to:
   69         (a) Procedures for complying and submitting to the division
   70  records-retention schedules.
   71         (b) Procedures for the physical destruction or other
   72  disposal of records.
   73         (c) Procedures for an agency to establish schedules for the
   74  physical destruction or other disposal of records held by the
   75  agency which contain personal identification information, as
   76  defined in s. 282.801, after meeting retention requirements.
   77  Unless otherwise required by law, an agency may indefinitely
   78  retain records containing information that is not identifiable
   79  as related to a unique individual.
   80         (d)(c) Standards for the reproduction of records for
   81  security or with a view to the disposal of the original record.
   82         Section 2. Part IV of chapter 282, Florida Statutes,
   83  consisting of section 282.801, Florida Statutes, is created to
   84  read:
   85                               PART IV                             
   86                GOVERNMENT DATA COLLECTION PRACTICES               
   87         282.801 Government data practices.—
   88         (1) For purposes of this part, the term:
   89         (a) “Agency” has the same meaning as in s. 119.011.
   90         (b) “Cookie” means data sent from a website which is
   91  electronically installed on a computer or electronic device of
   92  an individual who has accessed the website and transmits certain
   93  information to the server of that website.
   94         (c) “Individual” means a human being and does not include a
   95  corporation, a partnership, or any other business entity.
   96         (d) “Personal identification information” means an item,
   97  collection, or grouping of information that may be used, alone
   98  or in conjunction with other information, to identify a unique
   99  individual, including, but not limited to, his or her:
  100         1. Name;
  101         2. Postal or e-mail address;
  102         3. Telephone number;
  103         4. Social security number;
  104         5. Date of birth;
  105         6. Mother’s maiden name;
  106         7. Official state-issued or United States-issued driver
  107  license or identification number, alien registration number,
  108  government passport number, employer or taxpayer identification
  109  number, or Medicaid or food assistance account number;
  110         8. Bank account number, credit or debit card number, or
  111  other number or information that can be used to access an
  112  individual’s financial resources;
  113         9. Educational records;
  114         10. Medical records;
  115         11. License plate number of a registered motor vehicle;
  116         12. Images, including facial images;
  117         13. Biometric identification information;
  118         14. Criminal history; or
  119         15. Employment history.
  120         (2) An agency that collects personal identification
  121  information through a website and retains such information shall
  122  maintain and conspicuously post a privacy policy on such
  123  website. At a minimum, the privacy policy must provide:
  124         (a) A description of the services the website provides.
  125         (b) A description of the personal identification
  126  information that the agency collects and maintains from an
  127  individual accessing or using the website.
  128         (c) An explanation of whether the agency’s data collecting
  129  and sharing practices are mandatory or allow a user to opt out
  130  of those practices.
  131         (d) Any available alternatives to using the website.
  132         (e) A statement as to how the agency uses the personal
  133  identification information, including, but not limited to,
  134  whether and under what circumstances the agency discloses such
  135  information.
  136         (f) Whether any other person, as defined in s. 671.201,
  137  collects personal identification information through the
  138  website.
  139         (g) A general description of the security measures in place
  140  to protect personal identification information; however, such
  141  description must not compromise the integrity of the security
  142  measures.
  143         (h) An explanation of public records requirements relating
  144  to the personal identification information of an individual
  145  using the website and if such information may be disclosed in
  146  response to a public records request.
  147         (3)(a) An agency that uses a website to install a cookie on
  148  an individual’s computer or electronic device shall inform an
  149  individual accessing the website of the use of cookies and
  150  request permission to install a cookie on the individual’s
  151  computer.
  152         (b) If an individual accessing the website of an agency
  153  declines to have cookies installed, such individual shall still
  154  be allowed to access and use the website.
  155         (c) This subsection does not apply to a cookie temporarily
  156  installed on an individual’s computer or electronic device by an
  157  agency if the cookie is installed only in the computer’s or
  158  electronic device’s memory and is deleted from such memory when
  159  the website browser or website application is closed.
  160         (4) Any contract between a public agency and a contractor,
  161  as those terms are defined in s. 119.0701, must specify that the
  162  contractor must comply with the requirements in subsections (2)
  163  and (3) for applicable services the contractor performs for the
  164  public agency, except that subsections (2) and (3) do not apply
  165  to a contractor that provides a service to a public agency which
  166  is limited to administering, facilitating, processing, or
  167  enforcing a financial transaction initiated by an individual
  168  with no direct relationship with the contractor.
  169         (5) The failure of an agency to comply with this section
  170  does not create a civil cause of action.
  171         Section 3. The Office of Program Policy Analysis and
  172  Government Accountability shall submit a report to the President
  173  of the Senate and the Speaker of the House of Representatives by
  174  July 1, 2015, which:
  175         (1)Identifies personal identification information, as
  176  defined in s. 282.801, Florida Statutes, and the records in
  177  which such information is contained, held by a state agency. For
  178  purposes of this section, the term “state agency” has the same
  179  meaning as in s. 216.011(1)(qq), but does not include state
  180  attorneys, public defenders, criminal conflict and civil
  181  regional counsel, capital collateral regional counsel, the
  182  Justice Administrative Commission, the Florida Housing Finance
  183  Corporation, the Florida Public Service Commission, and the
  184  judicial branch.
  185         (2) Describes the processes by which an individual may
  186  currently view and verify his or her personal identification
  187  information held by an agency, including how an individual may
  188  request the correction of incorrect personal identification
  189  information.
  190         (3) Identifies any obstacles that inhibit an individual’s
  191  access to such records.
  192         Section 4. Section 429.55, Florida Statutes, is created to
  193  read:
  194         429.55 Public access to data; comment page.—
  195         (1) By November 1, 2014, the agency shall provide,
  196  maintain, and update at least quarterly, electronically
  197  accessible data on assisted living facilities. Such data must be
  198  searchable, downloadable, and available in generally accepted
  199  formats. At a minimum, such data must include:
  200         (a) Information on each assisted living facility licensed
  201  under this part, including:
  202         1. The name and address of the facility.
  203         2. The number and type of licensed beds in the facility.
  204         3. The types of licenses held by the facility.
  205         4. The facility’s license expiration date and status.
  206         5. Other relevant information that the agency currently
  207  collects.
  208         (b) A list of the facility’s violations, including, for
  209  each violation:
  210         1. A summary of the violation presented in a manner
  211  understandable by the general public;
  212         2. Any sanctions imposed by final order; and
  213         3. The date the corrective action was confirmed by the
  214  agency.
  215         (c) Links to inspection reports on file with the agency.
  216         (2)(a) The agency may provide a monitored comment webpage
  217  that allows members of the public to comment on specific
  218  assisted living facilities licensed to operate in this state. At
  219  a minimum, the comment webpage must allow members of the public
  220  to identify themselves, provide comments on their experiences
  221  with, or observations of, an assisted living facility, and view
  222  others’ comments.
  223         (b) The agency shall review comments for profanities and
  224  redact any profanities before posting the comments to the
  225  webpage. After redacting any profanities, the agency shall post
  226  all comments, and shall retain all comments as they were
  227  originally submitted, which are subject to the requirements of
  228  chapter 119, Florida Statutes, and which shall be retained by
  229  the agency for inspection by the public without further
  230  redaction pursuant to retention schedules and disposal processes
  231  for such records.
  232         (c) A controlling interest, as defined in s. 408.803,
  233  Florida Statutes, in an assisted living facility, or an employee
  234  or owner of an assisted living facility, is prohibited from
  235  posting comments on the page. A controlling interest, employee,
  236  or owner may respond to comments on the page, and the agency
  237  shall ensure that such responses are identified as being from a
  238  representative of the facility.
  239         (3) The agency may provide links to third-party websites
  240  that use the data published pursuant to this section to assist
  241  consumers in evaluating the quality of care and service in
  242  assisted living facilities.
  243         (4) The agency may adopt rules to administer this section.
  244         Section 5. Section 408.05, Florida Statutes, is amended to
  245  read:
  246         408.05 Florida Health Information Transparency Initiative
  247  Center for Health Information and Policy Analysis.—
  248         (1) CREATION AND PURPOSE ESTABLISHMENT.—The agency shall
  249  create a comprehensive health information system to promote
  250  accessibility, transparency, and utility of state-collected data
  251  and information about health providers, facilities, services,
  252  and payment sources. The agency is responsible for making state
  253  collected health data available in a manner that allows for and
  254  encourages multiple and innovative uses of data sets. Subject to
  255  funding by the General Appropriations Act, the agency shall
  256  develop and deploy, through a contract award with one or more
  257  vendors or internal development, new methods of dissemination
  258  and ways to convert data into easily usable electronic formats
  259  establish a Florida Center for Health Information and Policy
  260  Analysis. The center shall establish a comprehensive health
  261  information system to provide for the collection, compilation,
  262  coordination, analysis, indexing, dissemination, and utilization
  263  of both purposefully collected and extant health-related data
  264  and statistics. The center shall be staffed with public health
  265  experts, biostatisticians, information system analysts, health
  266  policy experts, economists, and other staff necessary to carry
  267  out its functions.
  268         (2) HEALTH-RELATED DATA.—The comprehensive health
  269  information system must include the following data and
  270  information operated by the Florida Center for Health
  271  Information and Policy Analysis shall identify the best
  272  available data sources and coordinate the compilation of extant
  273  health-related data and statistics and purposefully collect data
  274  on:
  275         (a) The extent and nature of illness and disability of the
  276  state population, including life expectancy, the incidence of
  277  various acute and chronic illnesses, and infant and maternal
  278  morbidity and mortality.
  279         (b) The impact of illness and disability of the state
  280  population on the state economy and on other aspects of the
  281  well-being of the people in this state.
  282         (c) Environmental, social, and other health hazards.
  283         (d) Health knowledge and practices of the people in this
  284  state and determinants of health and nutritional practices and
  285  status.
  286         (a)(e) Health resources, including licensed health
  287  professionals, licensed health care facilities, managed care
  288  organizations, and other health services regulated or funded by
  289  the state physicians, dentists, nurses, and other health
  290  professionals, by specialty and type of practice and acute,
  291  long-term care and other institutional care facility supplies
  292  and specific services provided by hospitals, nursing homes, home
  293  health agencies, and other health care facilities.
  294         (b)(f) Utilization of health resources care by type of
  295  provider.
  296         (c)(g) Health care costs and financing, including Medicaid
  297  claims and encounter data and data from other public and private
  298  payors trends in health care prices and costs, the sources of
  299  payment for health care services, and federal, state, and local
  300  expenditures for health care.
  301         (h) Family formation, growth, and dissolution.
  302         (d)(i) The extent, source, and type of public and private
  303  health insurance coverage in this state.
  304         (e)(j) The data necessary for measuring value and quality
  305  of care provided by various health care providers, including
  306  applicable credentials, accreditation status, use, revenues and
  307  expenses, outcomes, site visits, and other regulatory reports,
  308  and the results of administrative and civil litigation related
  309  to health care.
  310         (3) COORDINATION COMPREHENSIVE HEALTH INFORMATION SYSTEM.
  311  In order to collect comprehensive produce comparable and uniform
  312  health information and statistics and to disseminate such
  313  information to for the public, as well as for the development of
  314  policy recommendations, the agency shall perform the following
  315  functions:
  316         (a) Collect and compile data from all agencies and programs
  317  that provide, regulate, and pay for health services Coordinate
  318  the activities of state agencies involved in the design and
  319  implementation of the comprehensive health information system.
  320         (b) Promote data sharing through the Undertake research,
  321  development, dissemination, and evaluation of state-collected
  322  health data and by making such data available, transferable, and
  323  readily usable respecting the comprehensive health information
  324  system.
  325         (c) Review the statistical activities of state agencies to
  326  ensure that they are consistent with the comprehensive health
  327  information system.
  328         (c)(d) Develop written agreements with local, state, and
  329  federal agencies for the sharing of health-care-related data or
  330  using the facilities and services of such agencies. State
  331  agencies, local health councils, and other agencies under state
  332  contract shall assist the agency center in obtaining, compiling,
  333  and transferring health-care-related data maintained by state
  334  and local agencies. Written agreements must specify the types,
  335  methods, and periodicity of data exchanges and specify the types
  336  of data that will be transferred to the center.
  337         (d)(e)Enable and facilitate the sharing and use of all
  338  state-collected health data to the maximum extent allowed by law
  339  Establish by rule the types of data collected, compiled,
  340  processed, used, or shared. Decisions regarding center data sets
  341  should be made based on consultation with the State Consumer
  342  Health Information and Policy Advisory Council and other public
  343  and private users regarding the types of data which should be
  344  collected and their uses. The center shall establish
  345  standardized means for collecting health information and
  346  statistics under laws and rules administered by the agency.
  347         (f) Establish minimum health-care-related data sets which
  348  are necessary on a continuing basis to fulfill the collection
  349  requirements of the center and which shall be used by state
  350  agencies in collecting and compiling health-care-related data.
  351  The agency shall periodically review ongoing health care data
  352  collections of the Department of Health and other state agencies
  353  to determine if the collections are being conducted in
  354  accordance with the established minimum sets of data.
  355         (g) Establish advisory standards to ensure the quality of
  356  health statistical and epidemiological data collection,
  357  processing, and analysis by local, state, and private
  358  organizations.
  359         (e)(h)Monitor data collection procedures, test data
  360  quality, and take such corrective actions as are necessary to
  361  ensure that data and information disseminated under the
  362  initiative are accurate, valid, reliable, and complete Prescribe
  363  standards for the publication of health-care-related data
  364  reported pursuant to this section which ensure the reporting of
  365  accurate, valid, reliable, complete, and comparable data. Such
  366  standards should include advisory warnings to users of the data
  367  regarding the status and quality of any data reported by or
  368  available from the center.
  369         (f)(i)Initiate and maintain activities necessary to
  370  collect, edit, verify, archive, and retrieve data compiled
  371  pursuant to this section Prescribe standards for the maintenance
  372  and preservation of the center’s data. This should include
  373  methods for archiving data, retrieval of archived data, and data
  374  editing and verification.
  375         (j) Ensure that strict quality control measures are
  376  maintained for the dissemination of data through publications,
  377  studies, or user requests.
  378         (k) Develop, in conjunction with the State Consumer Health
  379  Information and Policy Advisory Council, and implement a long
  380  range plan for making available health care quality measures and
  381  financial data that will allow consumers to compare health care
  382  services. The health care quality measures and financial data
  383  the agency must make available include, but are not limited to,
  384  pharmaceuticals, physicians, health care facilities, and health
  385  plans and managed care entities. The agency shall update the
  386  plan and report on the status of its implementation annually.
  387  The agency shall also make the plan and status report available
  388  to the public on its Internet website. As part of the plan, the
  389  agency shall identify the process and timeframes for
  390  implementation, barriers to implementation, and recommendations
  391  of changes in the law that may be enacted by the Legislature to
  392  eliminate the barriers. As preliminary elements of the plan, the
  393  agency shall:
  394         1. Make available patient-safety indicators, inpatient
  395  quality indicators, and performance outcome and patient charge
  396  data collected from health care facilities pursuant to s.
  397  408.061(1)(a) and (2). The terms “patient-safety indicators” and
  398  “inpatient quality indicators” have the same meaning as that
  399  ascribed by the Centers for Medicare and Medicaid Services, an
  400  accrediting organization whose standards incorporate comparable
  401  regulations required by this state, or a national entity that
  402  establishes standards to measure the performance of health care
  403  providers, or by other states. The agency shall determine which
  404  conditions, procedures, health care quality measures, and
  405  patient charge data to disclose based upon input from the
  406  council. When determining which conditions and procedures are to
  407  be disclosed, the council and the agency shall consider
  408  variation in costs, variation in outcomes, and magnitude of
  409  variations and other relevant information. When determining
  410  which health care quality measures to disclose, the agency:
  411         a. Shall consider such factors as volume of cases; average
  412  patient charges; average length of stay; complication rates;
  413  mortality rates; and infection rates, among others, which shall
  414  be adjusted for case mix and severity, if applicable.
  415         b. May consider such additional measures that are adopted
  416  by the Centers for Medicare and Medicaid Studies, an accrediting
  417  organization whose standards incorporate comparable regulations
  418  required by this state, the National Quality Forum, the Joint
  419  Commission on Accreditation of Healthcare Organizations, the
  420  Agency for Healthcare Research and Quality, the Centers for
  421  Disease Control and Prevention, or a similar national entity
  422  that establishes standards to measure the performance of health
  423  care providers, or by other states.
  424  
  425  When determining which patient charge data to disclose, the
  426  agency shall include such measures as the average of
  427  undiscounted charges on frequently performed procedures and
  428  preventive diagnostic procedures, the range of procedure charges
  429  from highest to lowest, average net revenue per adjusted patient
  430  day, average cost per adjusted patient day, and average cost per
  431  admission, among others.
  432         2. Make available performance measures, benefit design, and
  433  premium cost data from health plans licensed pursuant to chapter
  434  627 or chapter 641. The agency shall determine which health care
  435  quality measures and member and subscriber cost data to
  436  disclose, based upon input from the council. When determining
  437  which data to disclose, the agency shall consider information
  438  that may be required by either individual or group purchasers to
  439  assess the value of the product, which may include membership
  440  satisfaction, quality of care, current enrollment or membership,
  441  coverage areas, accreditation status, premium costs, plan costs,
  442  premium increases, range of benefits, copayments and
  443  deductibles, accuracy and speed of claims payment, credentials
  444  of physicians, number of providers, names of network providers,
  445  and hospitals in the network. Health plans shall make available
  446  to the agency such data or information that is not currently
  447  reported to the agency or the office.
  448         3. Determine the method and format for public disclosure of
  449  data reported pursuant to this paragraph. The agency shall make
  450  its determination based upon input from the State Consumer
  451  Health Information and Policy Advisory Council. At a minimum,
  452  the data shall be made available on the agency’s Internet
  453  website in a manner that allows consumers to conduct an
  454  interactive search that allows them to view and compare the
  455  information for specific providers. The website must include
  456  such additional information as is determined necessary to ensure
  457  that the website enhances informed decisionmaking among
  458  consumers and health care purchasers, which shall include, at a
  459  minimum, appropriate guidance on how to use the data and an
  460  explanation of why the data may vary from provider to provider.
  461         4. Publish on its website undiscounted charges for no fewer
  462  than 150 of the most commonly performed adult and pediatric
  463  procedures, including outpatient, inpatient, diagnostic, and
  464  preventative procedures.
  465         (4) TECHNICAL ASSISTANCE.—
  466         (a) The center shall provide technical assistance to
  467  persons or organizations engaged in health planning activities
  468  in the effective use of statistics collected and compiled by the
  469  center. The center shall also provide the following additional
  470  technical assistance services:
  471         1. Establish procedures identifying the circumstances under
  472  which, the places at which, the persons from whom, and the
  473  methods by which a person may secure data from the center,
  474  including procedures governing requests, the ordering of
  475  requests, timeframes for handling requests, and other procedures
  476  necessary to facilitate the use of the center’s data. To the
  477  extent possible, the center should provide current data timely
  478  in response to requests from public or private agencies.
  479         2. Provide assistance to data sources and users in the
  480  areas of database design, survey design, sampling procedures,
  481  statistical interpretation, and data access to promote improved
  482  health-care-related data sets.
  483         3. Identify health care data gaps and provide technical
  484  assistance to other public or private organizations for meeting
  485  documented health care data needs.
  486         4. Assist other organizations in developing statistical
  487  abstracts of their data sets that could be used by the center.
  488         5. Provide statistical support to state agencies with
  489  regard to the use of databases maintained by the center.
  490         6. To the extent possible, respond to multiple requests for
  491  information not currently collected by the center or available
  492  from other sources by initiating data collection.
  493         7. Maintain detailed information on data maintained by
  494  other local, state, federal, and private agencies in order to
  495  advise those who use the center of potential sources of data
  496  which are requested but which are not available from the center.
  497         8. Respond to requests for data which are not available in
  498  published form by initiating special computer runs on data sets
  499  available to the center.
  500         9. Monitor innovations in health information technology,
  501  informatics, and the exchange of health information and maintain
  502  a repository of technical resources to support the development
  503  of a health information network.
  504         (b) The agency shall administer, manage, and monitor grants
  505  to not-for-profit organizations, regional health information
  506  organizations, public health departments, or state agencies that
  507  submit proposals for planning, implementation, or training
  508  projects to advance the development of a health information
  509  network. Any grant contract shall be evaluated to ensure the
  510  effective outcome of the health information project.
  511         (c) The agency shall initiate, oversee, manage, and
  512  evaluate the integration of health care data from each state
  513  agency that collects, stores, and reports on health care issues
  514  and make that data available to any health care practitioner
  515  through a state health information network.
  516         (5) PUBLICATIONS; REPORTS; SPECIAL STUDIES.—The center
  517  shall provide for the widespread dissemination of data which it
  518  collects and analyzes. The center shall have the following
  519  publication, reporting, and special study functions:
  520         (a) The center shall publish and make available
  521  periodically to agencies and individuals health statistics
  522  publications of general interest, including health plan consumer
  523  reports and health maintenance organization member satisfaction
  524  surveys; publications providing health statistics on topical
  525  health policy issues; publications that provide health status
  526  profiles of the people in this state; and other topical health
  527  statistics publications.
  528         (b) The center shall publish, make available, and
  529  disseminate, promptly and as widely as practicable, the results
  530  of special health surveys, health care research, and health care
  531  evaluations conducted or supported under this section. Any
  532  publication by the center must include a statement of the
  533  limitations on the quality, accuracy, and completeness of the
  534  data.
  535         (c) The center shall provide indexing, abstracting,
  536  translation, publication, and other services leading to a more
  537  effective and timely dissemination of health care statistics.
  538         (d) The center shall be responsible for publishing and
  539  disseminating an annual report on the center’s activities.
  540         (e) The center shall be responsible, to the extent
  541  resources are available, for conducting a variety of special
  542  studies and surveys to expand the health care information and
  543  statistics available for health policy analyses, particularly
  544  for the review of public policy issues. The center shall develop
  545  a process by which users of the center’s data are periodically
  546  surveyed regarding critical data needs and the results of the
  547  survey considered in determining which special surveys or
  548  studies will be conducted. The center shall select problems in
  549  health care for research, policy analyses, or special data
  550  collections on the basis of their local, regional, or state
  551  importance; the unique potential for definitive research on the
  552  problem; and opportunities for application of the study
  553  findings.
  554         (4)(6) PROVIDER DATA REPORTING.—This section does not
  555  confer on the agency the power to demand or require that a
  556  health care provider or professional furnish information,
  557  records of interviews, written reports, statements, notes,
  558  memoranda, or data other than as expressly required by law.
  559         (5)(7)HEALTH INFORMATION ENTERPRISE BUDGET; FEES.—
  560         (a) The agency shall implement the comprehensive health
  561  information system in a manner that recognizes state-collected
  562  data as an asset and rewards taxpayer investment in information
  563  collection and management Legislature intends that funding for
  564  the Florida Center for Health Information and Policy Analysis be
  565  appropriated from the General Revenue Fund.
  566         (b) The agency Florida Center for Health Information and
  567  Policy Analysis may apply for, and receive, and accept grants,
  568  gifts, and other payments, including property and services, from
  569  a any governmental or other public or private entity or person
  570  and make arrangements for as to the use of such funds same,
  571  including the undertaking of special studies and other projects
  572  relating to health-care-related topics. Funds obtained pursuant
  573  to this paragraph may not be used to offset annual
  574  appropriations from the General Revenue Fund.
  575         (c) The agency shall ensure that a vendor who enters into a
  576  contract with the state under this section does not inhibit or
  577  impede public access to state-collected health data and
  578  information center may charge such reasonable fees for services
  579  as the agency prescribes by rule. The established fees may not
  580  exceed the reasonable cost for such services. Fees collected may
  581  not be used to offset annual appropriations from the General
  582  Revenue Fund.
  583         (8) STATE CONSUMER HEALTH INFORMATION AND POLICY ADVISORY
  584  COUNCIL.—
  585         (a) There is established in the agency the State Consumer
  586  Health Information and Policy Advisory Council to assist the
  587  center in reviewing the comprehensive health information system,
  588  including the identification, collection, standardization,
  589  sharing, and coordination of health-related data, fraud and
  590  abuse data, and professional and facility licensing data among
  591  federal, state, local, and private entities and to recommend
  592  improvements for purposes of public health, policy analysis, and
  593  transparency of consumer health care information. The council
  594  shall consist of the following members:
  595         1. An employee of the Executive Office of the Governor, to
  596  be appointed by the Governor.
  597         2. An employee of the Office of Insurance Regulation, to be
  598  appointed by the director of the office.
  599         3. An employee of the Department of Education, to be
  600  appointed by the Commissioner of Education.
  601         4. Ten persons, to be appointed by the Secretary of Health
  602  Care Administration, representing other state and local
  603  agencies, state universities, business and health coalitions,
  604  local health councils, professional health-care-related
  605  associations, consumers, and purchasers.
  606         (b) Each member of the council shall be appointed to serve
  607  for a term of 2 years following the date of appointment, except
  608  the term of appointment shall end 3 years following the date of
  609  appointment for members appointed in 2003, 2004, and 2005. A
  610  vacancy shall be filled by appointment for the remainder of the
  611  term, and each appointing authority retains the right to
  612  reappoint members whose terms of appointment have expired.
  613         (c) The council may meet at the call of its chair, at the
  614  request of the agency, or at the request of a majority of its
  615  membership, but the council must meet at least quarterly.
  616         (d) Members shall elect a chair and vice chair annually.
  617         (e) A majority of the members constitutes a quorum, and the
  618  affirmative vote of a majority of a quorum is necessary to take
  619  action.
  620         (f) The council shall maintain minutes of each meeting and
  621  shall make such minutes available to any person.
  622         (g) Members of the council shall serve without compensation
  623  but shall be entitled to receive reimbursement for per diem and
  624  travel expenses as provided in s. 112.061.
  625         (h) The council’s duties and responsibilities include, but
  626  are not limited to, the following:
  627         1. To develop a mission statement, goals, and a plan of
  628  action for the identification, collection, standardization,
  629  sharing, and coordination of health-related data across federal,
  630  state, and local government and private sector entities.
  631         2. To develop a review process to ensure cooperative
  632  planning among agencies that collect or maintain health-related
  633  data.
  634         3. To create ad hoc issue-oriented technical workgroups on
  635  an as-needed basis to make recommendations to the council.
  636         (9) APPLICATION TO OTHER AGENCIES.—Nothing in this section
  637  shall limit, restrict, affect, or control the collection,
  638  analysis, release, or publication of data by any state agency
  639  pursuant to its statutory authority, duties, or
  640  responsibilities.
  641         Section 6. The Office of Program Policy Analysis and
  642  Government Accountability (OPPAGA) shall monitor the Agency for
  643  Health Care Administration’s implementation of s. 408.05,
  644  Florida Statutes, as amended by this act. No later than 1 year
  645  after the agency completes implementation, OPPAGA shall provide
  646  a report to the President of the Senate and the Speaker of the
  647  House of Representatives containing recommendations regarding
  648  the application of data practices made pursuant to s. 408.05,
  649  Florida Statutes, to other executive branch agencies.
  650         Section 7. For the purpose of incorporating the amendment
  651  made by this act to section 257.36, Florida Statutes, in a
  652  reference thereto, subsection (8) of section 120.54, Florida
  653  Statutes, is reenacted to read:
  654         120.54 Rulemaking.—
  655         (8) RULEMAKING RECORD.—In all rulemaking proceedings the
  656  agency shall compile a rulemaking record. The record shall
  657  include, if applicable, copies of:
  658         (a) All notices given for the proposed rule.
  659         (b) Any statement of estimated regulatory costs for the
  660  rule.
  661         (c) A written summary of hearings on the proposed rule.
  662         (d) The written comments and responses to written comments
  663  as required by this section and s. 120.541.
  664         (e) All notices and findings made under subsection (4).
  665         (f) All materials filed by the agency with the committee
  666  under subsection (3).
  667         (g) All materials filed with the Department of State under
  668  subsection (3).
  669         (h) All written inquiries from standing committees of the
  670  Legislature concerning the rule.
  671  
  672  Each state agency shall retain the record of rulemaking as long
  673  as the rule is in effect. When a rule is no longer in effect,
  674  the record may be destroyed pursuant to the records-retention
  675  schedule developed under s. 257.36(6).
  676         Section 8. Subsection (3) of section 20.42, Florida
  677  Statutes, is amended to read:
  678         20.42 Agency for Health Care Administration.—
  679         (3) The department is shall be the chief health policy and
  680  planning entity for the state. The department is responsible for
  681  health facility licensure, inspection, and regulatory
  682  enforcement; investigation of consumer complaints related to
  683  health care facilities and managed care plans; the
  684  implementation of the certificate of need program; the operation
  685  of the Florida Center for Health Information and Policy
  686  Analysis; the administration of the Medicaid program; the
  687  administration of the contracts with the Florida Healthy Kids
  688  Corporation; the certification of health maintenance
  689  organizations and prepaid health clinics as set forth in part
  690  III of chapter 641; and any other duties prescribed by statute
  691  or agreement.
  692         Section 9. Paragraph (c) of subsection (4) of section
  693  381.026, Florida Statutes, is amended to read:
  694         381.026 Florida Patient’s Bill of Rights and
  695  Responsibilities.—
  696         (4) RIGHTS OF PATIENTS.—Each health care facility or
  697  provider shall observe the following standards:
  698         (c) Financial information and disclosure.—
  699         1. A patient has the right to be given, upon request, by
  700  the responsible provider, his or her designee, or a
  701  representative of the health care facility full information and
  702  necessary counseling on the availability of known financial
  703  resources for the patient’s health care.
  704         2. A health care provider or a health care facility shall,
  705  upon request, disclose to each patient who is eligible for
  706  Medicare, before treatment, whether the health care provider or
  707  the health care facility in which the patient is receiving
  708  medical services accepts assignment under Medicare reimbursement
  709  as payment in full for medical services and treatment rendered
  710  in the health care provider’s office or health care facility.
  711         3. A primary care provider may publish a schedule of
  712  charges for the medical services that the provider offers to
  713  patients. The schedule must include the prices charged to an
  714  uninsured person paying for such services by cash, check, credit
  715  card, or debit card. The schedule must be posted in a
  716  conspicuous place in the reception area of the provider’s office
  717  and must include, but is not limited to, the 50 services most
  718  frequently provided by the primary care provider. The schedule
  719  may group services by three price levels, listing services in
  720  each price level. The posting must be at least 15 square feet in
  721  size. A primary care provider who publishes and maintains a
  722  schedule of charges for medical services is exempt from the
  723  license fee requirements for a single period of renewal of a
  724  professional license under chapter 456 for that licensure term
  725  and is exempt from the continuing education requirements of
  726  chapter 456 and the rules implementing those requirements for a
  727  single 2-year period.
  728         4. If a primary care provider publishes a schedule of
  729  charges pursuant to subparagraph 3., he or she shall must
  730  continually post it at all times for the duration of active
  731  licensure in this state when primary care services are provided
  732  to patients. If a primary care provider fails to post the
  733  schedule of charges in accordance with this subparagraph, the
  734  provider shall be required to pay any license fee and comply
  735  with any continuing education requirements for which an
  736  exemption was received.
  737         5. A health care provider or a health care facility shall,
  738  upon request, furnish a person, before the provision of medical
  739  services, a reasonable estimate of charges for such services.
  740  The health care provider or the health care facility shall
  741  provide an uninsured person, before the provision of a planned
  742  nonemergency medical service, a reasonable estimate of charges
  743  for such service and information regarding the provider’s or
  744  facility’s discount or charity policies for which the uninsured
  745  person may be eligible. Such estimates by a primary care
  746  provider must be consistent with the schedule posted under
  747  subparagraph 3. To the extent possible, estimates shall, to the
  748  extent possible, be written in language comprehensible to an
  749  ordinary layperson. Such reasonable estimate does not preclude
  750  the health care provider or health care facility from exceeding
  751  the estimate or making additional charges based on changes in
  752  the patient’s condition or treatment needs.
  753         6. Each licensed facility not operated by the state shall
  754  make available to the public on its Internet website or by other
  755  electronic means a description of and a link to the performance
  756  outcome and financial data that is published by the agency
  757  pursuant to s. 408.05(3)(k). The facility shall place in its
  758  reception area a notice stating that the in the reception area
  759  that such information is available electronically and providing
  760  the facility’s website address. The licensed facility may
  761  indicate that the pricing information is based on a compilation
  762  of charges for the average patient and that each patient’s bill
  763  may vary from the average depending upon the severity of illness
  764  and individual resources consumed. The licensed facility may
  765  also indicate that the price of service is negotiable for
  766  eligible patients based upon the patient’s ability to pay.
  767         7. A patient has the right to receive a copy of an itemized
  768  bill and upon request. A patient has a right to be given an
  769  explanation of charges upon request.
  770         Section 10. Subsection (11) of section 395.301, Florida
  771  Statutes, is amended to read:
  772         395.301 Itemized patient bill; form and content prescribed
  773  by the agency.—
  774         (11) Each licensed facility shall make available on its
  775  Internet website a link to the performance outcome and financial
  776  data that is published by the Agency for Health Care
  777  Administration pursuant to s. 408.05(3)(k). The facility shall
  778  place in its reception area a notice stating in the reception
  779  area that the information is available electronically and
  780  providing the facility’s Internet website address.
  781         Section 11. Paragraph (e) of subsection (2) of section
  782  395.602, Florida Statutes, is amended to read:
  783         395.602 Rural hospitals.—
  784         (2) DEFINITIONS.—As used in this part:
  785         (e) “Rural hospital” means an acute care hospital licensed
  786  under this chapter, having 100 or fewer licensed beds and an
  787  emergency room, which is:
  788         1. The sole provider within a county with a population
  789  density of no greater than 100 persons per square mile;
  790         2. An acute care hospital, in a county with a population
  791  density of no greater than 100 persons per square mile, which is
  792  at least 30 minutes of travel time, on normally traveled roads
  793  under normal traffic conditions, from any other acute care
  794  hospital within the same county;
  795         3. A hospital supported by a tax district or subdistrict
  796  whose boundaries encompass a population of 100 persons or fewer
  797  per square mile;
  798         4. A hospital in a constitutional charter county with a
  799  population of more than over 1 million persons that has imposed
  800  a local option health service tax pursuant to law and in an area
  801  that was directly impacted by a catastrophic event on August 24,
  802  1992, for which the Governor of Florida declared a state of
  803  emergency pursuant to chapter 125, and has 120 beds or less that
  804  serves an agricultural community with an emergency room
  805  utilization of no less than 20,000 visits and a Medicaid
  806  inpatient utilization rate greater than 15 percent;
  807         5. A hospital with a service area that has a population of
  808  100 persons or fewer per square mile. As used in this
  809  subparagraph, the term “service area” means the fewest number of
  810  zip codes that account for 75 percent of the hospital’s
  811  discharges for the most recent 5-year period, based on
  812  information available from the agency’s hospital inpatient
  813  discharge database in the Florida Center for Health Information
  814  and Policy Analysis at the agency; or
  815         6. A hospital designated as a critical access hospital, as
  816  defined in s. 408.07.
  817  
  818  Population densities used in this paragraph must be based upon
  819  the most recently completed United States census. A hospital
  820  that received funds under s. 409.9116 for a quarter beginning no
  821  later than July 1, 2002, is deemed to have been and shall
  822  continue to be a rural hospital from that date through June 30,
  823  2015, if the hospital continues to have 100 or fewer licensed
  824  beds and an emergency room, or meets the criteria of
  825  subparagraph 4. An acute care hospital that has not previously
  826  been designated as a rural hospital and that meets the criteria
  827  of this paragraph shall be granted such designation upon
  828  application, including supporting documentation, to the agency.
  829  A hospital that was licensed as a rural hospital during the
  830  2010-2011 or 2011-2012 fiscal year shall continue to be a rural
  831  hospital from the date of designation through June 30, 2015, if
  832  the hospital continues to have 100 or fewer licensed beds and an
  833  emergency room.
  834         Section 12. Section 395.6025, Florida Statutes, is amended
  835  to read:
  836         395.6025 Rural hospital replacement facilities.
  837  Notwithstanding the provisions of s. 408.036, a hospital defined
  838  as a statutory rural hospital in accordance with s. 395.602, or
  839  a not-for-profit operator of rural hospitals, is not required to
  840  obtain a certificate of need for the construction of a new
  841  hospital located in a county with a population of at least
  842  15,000 but no more than 18,000 and a density of less than 30
  843  persons per square mile, or a replacement facility, if provided
  844  that the replacement, or new, facility is located within 10
  845  miles of the site of the currently licensed rural hospital and
  846  within the current primary service area. As used in this
  847  section, the term “service area” means the fewest number of zip
  848  codes that account for 75 percent of the hospital’s discharges
  849  for the most recent 5-year period, based on information
  850  available from the Agency for Health Care Administration’s
  851  hospital inpatient discharge database in the Florida Center for
  852  Health Information and Policy Analysis at the Agency for Health
  853  Care Administration.
  854         Section 13. Subsection (43) of section 408.07, Florida
  855  Statutes, is amended to read:
  856         408.07 Definitions.—As used in this chapter, with the
  857  exception of ss. 408.031-408.045, the term:
  858         (43) “Rural hospital” means an acute care hospital licensed
  859  under chapter 395, having 100 or fewer licensed beds and an
  860  emergency room, and which is:
  861         (a) The sole provider within a county with a population
  862  density of no greater than 100 persons per square mile;
  863         (b) An acute care hospital, in a county with a population
  864  density of no greater than 100 persons per square mile, which is
  865  at least 30 minutes of travel time, on normally traveled roads
  866  under normal traffic conditions, from another acute care
  867  hospital within the same county;
  868         (c) A hospital supported by a tax district or subdistrict
  869  whose boundaries encompass a population of 100 persons or fewer
  870  per square mile;
  871         (d) A hospital with a service area that has a population of
  872  100 persons or fewer per square mile. As used in this paragraph,
  873  the term “service area” means the fewest number of zip codes
  874  that account for 75 percent of the hospital’s discharges for the
  875  most recent 5-year period, based on information available from
  876  the Agency for Health Care Administration’s hospital inpatient
  877  discharge database in the Florida Center for Health Information
  878  and Policy Analysis at the Agency for Health Care
  879  Administration; or
  880         (e) A critical access hospital.
  881  
  882  Population densities used in this subsection must be based upon
  883  the most recently completed United States census. A hospital
  884  that received funds under s. 409.9116 for a quarter beginning no
  885  later than July 1, 2002, is deemed to have been and shall
  886  continue to be a rural hospital from that date through June 30,
  887  2015, if the hospital continues to have 100 or fewer licensed
  888  beds and an emergency room, or meets the criteria of s.
  889  395.602(2)(e)4. An acute care hospital that has not previously
  890  been designated as a rural hospital and that meets the criteria
  891  of this subsection shall be granted such designation upon
  892  application, including supporting documentation, to the Agency
  893  for Health Care Administration.
  894         Section 14. Paragraph (a) of subsection (4) of section
  895  408.18, Florida Statutes, is amended to read:
  896         408.18 Health Care Community Antitrust Guidance Act;
  897  antitrust no-action letter; market-information collection and
  898  education.—
  899         (4)(a) Members of the health care community who seek
  900  antitrust guidance may request a review of their proposed
  901  business activity by the Attorney General’s office. In
  902  conducting its review, the Attorney General’s office may seek
  903  whatever documentation, data, or other material it deems
  904  necessary from the Agency for Health Care Administration, the
  905  Florida Center for Health Information and Policy Analysis, and
  906  the Office of Insurance Regulation of the Financial Services
  907  Commission.
  908         Section 15. Section 465.0244, Florida Statutes, is amended
  909  to read:
  910         465.0244 Information disclosure.—Every pharmacy shall make
  911  available on its Internet website a link to the performance
  912  outcome and financial data that is published by the Agency for
  913  Health Care Administration pursuant to s. 408.05(3)(k) and shall
  914  place in the area where customers receive filled prescriptions
  915  notice that such information is available electronically and the
  916  address of its Internet website.
  917         Section 16. Subsection (2) of section 627.6499, Florida
  918  Statutes, is amended to read:
  919         627.6499 Reporting by insurers and third-party
  920  administrators.—
  921         (2) Each health insurance issuer shall make available on
  922  its Internet website a link to the performance outcome and
  923  financial data that is published by the Agency for Health Care
  924  Administration pursuant to s. 408.05(3)(k) and shall include in
  925  every policy delivered or issued for delivery to any person in
  926  the state or any materials provided as required by s. 627.64725
  927  notice that such information is available electronically and the
  928  address of its Internet website.
  929         Section 17. Subsection (7) of section 641.54, Florida
  930  Statutes, is amended to read:
  931         641.54 Information disclosure.—
  932         (7) Each health maintenance organization shall make
  933  available on its Internet website a link to the performance
  934  outcome and financial data that is published by the Agency for
  935  Health Care Administration pursuant to s. 408.05(3)(k) and shall
  936  include in every policy delivered or issued for delivery to any
  937  person in the state or any materials provided as required by s.
  938  627.64725 notice that such information is available
  939  electronically and the address of its Internet website.
  940         Section 18. This act shall take effect July 1, 2014.