Florida Senate - 2014                              CS for SB 782
       
       
        
       By the Committee on Governmental Oversight and Accountability;
       and Senator Brandes
       
       
       
       
       585-02904-14                                           2014782c1
    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; specifying that a violation does not
   22         create a civil cause of action; requiring the Office
   23         of Program Policy Analysis and Government
   24         Accountability to submit a report to the Legislature
   25         by a specified date; providing report requirements;
   26         creating s. 429.55, F.S.; requiring the Agency for
   27         Health Care Administration to provide specified data
   28         on assisted living facilities by a certain date;
   29         providing minimum requirements for such data;
   30         authorizing the agency to create a comment webpage
   31         regarding assisted living facilities; providing
   32         minimum requirements; authorizing the agency to
   33         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, as defined in s.
  161  119.0701(1)(b), and a contractor, as defined in s.
  162  119.0701(1)(a), must specify that the contractor must comply
  163  with the requirements in subsections (2) and (3).
  164         (5) The failure of an agency to comply with this section
  165  does not create a civil cause of action.
  166         Section 3. The Office of Program Policy Analysis and
  167  Government Accountability shall submit a report to the President
  168  of the Senate and the Speaker of the House of Representatives by
  169  July 1, 2015, which:
  170         (1)Identifies personal identification information, as
  171  defined in s. 282.801, Florida Statutes, and the records in
  172  which such information is contained, held by a state agency. For
  173  purposes of this section, the term “state agency” has the same
  174  meaning as in s. 216.011(1)(qq), but does not include state
  175  attorneys, public defenders, criminal conflict and civil
  176  regional counsel, capital collateral regional counsel, the
  177  Justice Administrative Commission, the Florida Housing Finance
  178  Corporation, the Florida Public Service Commission, and the
  179  judicial branch.
  180         (2) Describes the processes by which an individual may
  181  currently view and verify his or her personal identification
  182  information held by an agency, including how an individual may
  183  request the correction of incorrect personal identification
  184  information.
  185         (3) Identifies any obstacles that inhibit an individual’s
  186  access to such records.
  187         Section 4. Section 429.55, Florida Statutes, is created to
  188  read:
  189         429.55 Public access to data; comment page.—
  190         (1) By November 1, 2014, the agency shall provide,
  191  maintain, and update at least quarterly, electronically
  192  accessible data on assisted living facilities. Such data must be
  193  searchable, downloadable, and available in generally accepted
  194  formats. At a minimum, such data must include:
  195         (a) Information on each assisted living facility licensed
  196  under this part, including:
  197         1. The name and address of the facility.
  198         2. The number and type of licensed beds in the facility.
  199         3. The types of licenses held by the facility.
  200         4. The facility’s license expiration date and status.
  201         5. Other relevant information that the agency currently
  202  collects.
  203         (b) A list of the facility’s violations, including, for
  204  each violation:
  205         1. A summary of the violation presented in a manner
  206  understandable by the general public;
  207         2. Any sanctions imposed by final order; and
  208         3. The date the corrective action was confirmed by the
  209  agency.
  210         (c) Links to inspection reports on file with the agency.
  211         (2)(a) The agency may provide a monitored comment webpage
  212  that allows members of the public to comment on specific
  213  assisted living facilities licensed to operate in this state. At
  214  a minimum, the comment webpage must allow members of the public
  215  to identify themselves, provide comments on their experiences
  216  with, or observations of, an assisted living facility, and view
  217  others’ comments.
  218         (b) The agency shall review comments for profanities and
  219  redact any profanities before posting the comments to the
  220  webpage. After redacting any profanities, the agency shall post
  221  all comments, and shall retain all comments as they were
  222  originally submitted, which are subject to the requirements of
  223  chapter 119, Florida Statutes, and which shall be retained by
  224  the agency for inspection by the public without further
  225  redaction pursuant to retention schedules and disposal processes
  226  for such records.
  227         (c) A controlling interest, as defined in s. 408.803,
  228  Florida Statutes, in an assisted living facility, or an employee
  229  or owner of an assisted living facility, is prohibited from
  230  posting comments on the page. A controlling interest, employee,
  231  or owner may respond to comments on the page, and the agency
  232  shall ensure that such responses are identified as being from a
  233  representative of the facility.
  234         (3) The agency may provide links to third-party websites
  235  that use the data published pursuant to this section to assist
  236  consumers in evaluating the quality of care and service in
  237  assisted living facilities.
  238         (4) The agency may adopt rules to administer this section.
  239         Section 5. Section 408.05, Florida Statutes, is amended to
  240  read:
  241         408.05 Florida Health Information Transparency Initiative
  242  Center for Health Information and Policy Analysis.—
  243         (1) CREATION AND PURPOSE ESTABLISHMENT.—The agency shall
  244  create a comprehensive health information system to promote
  245  accessibility, transparency, and utility of state-collected data
  246  and information about health providers, facilities, services,
  247  and payment sources. The agency is responsible for making state
  248  collected health data available in a manner that allows for and
  249  encourages multiple and innovative uses of data sets. Subject to
  250  funding by the General Appropriations Act, the agency shall
  251  develop and deploy, through a contract award with one or more
  252  vendors or internal development, new methods of dissemination
  253  and ways to convert data into easily usable electronic formats
  254  establish a Florida Center for Health Information and Policy
  255  Analysis. The center shall establish a comprehensive health
  256  information system to provide for the collection, compilation,
  257  coordination, analysis, indexing, dissemination, and utilization
  258  of both purposefully collected and extant health-related data
  259  and statistics. The center shall be staffed with public health
  260  experts, biostatisticians, information system analysts, health
  261  policy experts, economists, and other staff necessary to carry
  262  out its functions.
  263         (2) HEALTH-RELATED DATA.—The comprehensive health
  264  information system must include the following data and
  265  information operated by the Florida Center for Health
  266  Information and Policy Analysis shall identify the best
  267  available data sources and coordinate the compilation of extant
  268  health-related data and statistics and purposefully collect data
  269  on:
  270         (a) The extent and nature of illness and disability of the
  271  state population, including life expectancy, the incidence of
  272  various acute and chronic illnesses, and infant and maternal
  273  morbidity and mortality.
  274         (b) The impact of illness and disability of the state
  275  population on the state economy and on other aspects of the
  276  well-being of the people in this state.
  277         (c) Environmental, social, and other health hazards.
  278         (d) Health knowledge and practices of the people in this
  279  state and determinants of health and nutritional practices and
  280  status.
  281         (a)(e) Health resources, including licensed health
  282  professionals, licensed health care facilities, managed care
  283  organizations, and other health services regulated or funded by
  284  the state physicians, dentists, nurses, and other health
  285  professionals, by specialty and type of practice and acute,
  286  long-term care and other institutional care facility supplies
  287  and specific services provided by hospitals, nursing homes, home
  288  health agencies, and other health care facilities.
  289         (b)(f) Utilization of health resources care by type of
  290  provider.
  291         (c)(g) Health care costs and financing, including Medicaid
  292  claims and encounter data and data from other public and private
  293  payors trends in health care prices and costs, the sources of
  294  payment for health care services, and federal, state, and local
  295  expenditures for health care.
  296         (h) Family formation, growth, and dissolution.
  297         (d)(i) The extent, source, and type of public and private
  298  health insurance coverage in this state.
  299         (e)(j) The data necessary for measuring value and quality
  300  of care provided by various health care providers, including
  301  applicable credentials, accreditation status, use, revenues and
  302  expenses, outcomes, site visits, and other regulatory reports,
  303  and the results of administrative and civil litigation related
  304  to health care.
  305         (3) COORDINATION COMPREHENSIVE HEALTH INFORMATION SYSTEM.
  306  In order to collect comprehensive produce comparable and uniform
  307  health information and statistics and to disseminate such
  308  information to for the public, as well as for the development of
  309  policy recommendations, the agency shall perform the following
  310  functions:
  311         (a) Collect and compile data from all agencies and programs
  312  that provide, regulate, and pay for health services Coordinate
  313  the activities of state agencies involved in the design and
  314  implementation of the comprehensive health information system.
  315         (b) Promote data sharing through the Undertake research,
  316  development, dissemination, and evaluation of state-collected
  317  health data and by making such data available, transferable, and
  318  readily usable respecting the comprehensive health information
  319  system.
  320         (c) Review the statistical activities of state agencies to
  321  ensure that they are consistent with the comprehensive health
  322  information system.
  323         (c)(d) Develop written agreements with local, state, and
  324  federal agencies for the sharing of health-care-related data or
  325  using the facilities and services of such agencies. State
  326  agencies, local health councils, and other agencies under state
  327  contract shall assist the agency center in obtaining, compiling,
  328  and transferring health-care-related data maintained by state
  329  and local agencies. Written agreements must specify the types,
  330  methods, and periodicity of data exchanges and specify the types
  331  of data that will be transferred to the center.
  332         (d)(e)Enable and facilitate the sharing and use of all
  333  state-collected health data to the maximum extent allowed by law
  334  Establish by rule the types of data collected, compiled,
  335  processed, used, or shared. Decisions regarding center data sets
  336  should be made based on consultation with the State Consumer
  337  Health Information and Policy Advisory Council and other public
  338  and private users regarding the types of data which should be
  339  collected and their uses. The center shall establish
  340  standardized means for collecting health information and
  341  statistics under laws and rules administered by the agency.
  342         (f) Establish minimum health-care-related data sets which
  343  are necessary on a continuing basis to fulfill the collection
  344  requirements of the center and which shall be used by state
  345  agencies in collecting and compiling health-care-related data.
  346  The agency shall periodically review ongoing health care data
  347  collections of the Department of Health and other state agencies
  348  to determine if the collections are being conducted in
  349  accordance with the established minimum sets of data.
  350         (g) Establish advisory standards to ensure the quality of
  351  health statistical and epidemiological data collection,
  352  processing, and analysis by local, state, and private
  353  organizations.
  354         (e)(h)Monitor data collection procedures, test data
  355  quality, and take such corrective actions as are necessary to
  356  ensure that data and information disseminated under the
  357  initiative are accurate, valid, reliable, and complete Prescribe
  358  standards for the publication of health-care-related data
  359  reported pursuant to this section which ensure the reporting of
  360  accurate, valid, reliable, complete, and comparable data. Such
  361  standards should include advisory warnings to users of the data
  362  regarding the status and quality of any data reported by or
  363  available from the center.
  364         (f)(i)Initiate and maintain activities necessary to
  365  collect, edit, verify, archive, and retrieve data compiled
  366  pursuant to this section Prescribe standards for the maintenance
  367  and preservation of the center’s data. This should include
  368  methods for archiving data, retrieval of archived data, and data
  369  editing and verification.
  370         (j) Ensure that strict quality control measures are
  371  maintained for the dissemination of data through publications,
  372  studies, or user requests.
  373         (k) Develop, in conjunction with the State Consumer Health
  374  Information and Policy Advisory Council, and implement a long
  375  range plan for making available health care quality measures and
  376  financial data that will allow consumers to compare health care
  377  services. The health care quality measures and financial data
  378  the agency must make available include, but are not limited to,
  379  pharmaceuticals, physicians, health care facilities, and health
  380  plans and managed care entities. The agency shall update the
  381  plan and report on the status of its implementation annually.
  382  The agency shall also make the plan and status report available
  383  to the public on its Internet website. As part of the plan, the
  384  agency shall identify the process and timeframes for
  385  implementation, barriers to implementation, and recommendations
  386  of changes in the law that may be enacted by the Legislature to
  387  eliminate the barriers. As preliminary elements of the plan, the
  388  agency shall:
  389         1. Make available patient-safety indicators, inpatient
  390  quality indicators, and performance outcome and patient charge
  391  data collected from health care facilities pursuant to s.
  392  408.061(1)(a) and (2). The terms “patient-safety indicators” and
  393  “inpatient quality indicators” have the same meaning as that
  394  ascribed by the Centers for Medicare and Medicaid Services, an
  395  accrediting organization whose standards incorporate comparable
  396  regulations required by this state, or a national entity that
  397  establishes standards to measure the performance of health care
  398  providers, or by other states. The agency shall determine which
  399  conditions, procedures, health care quality measures, and
  400  patient charge data to disclose based upon input from the
  401  council. When determining which conditions and procedures are to
  402  be disclosed, the council and the agency shall consider
  403  variation in costs, variation in outcomes, and magnitude of
  404  variations and other relevant information. When determining
  405  which health care quality measures to disclose, the agency:
  406         a. Shall consider such factors as volume of cases; average
  407  patient charges; average length of stay; complication rates;
  408  mortality rates; and infection rates, among others, which shall
  409  be adjusted for case mix and severity, if applicable.
  410         b. May consider such additional measures that are adopted
  411  by the Centers for Medicare and Medicaid Studies, an accrediting
  412  organization whose standards incorporate comparable regulations
  413  required by this state, the National Quality Forum, the Joint
  414  Commission on Accreditation of Healthcare Organizations, the
  415  Agency for Healthcare Research and Quality, the Centers for
  416  Disease Control and Prevention, or a similar national entity
  417  that establishes standards to measure the performance of health
  418  care providers, or by other states.
  419  
  420  When determining which patient charge data to disclose, the
  421  agency shall include such measures as the average of
  422  undiscounted charges on frequently performed procedures and
  423  preventive diagnostic procedures, the range of procedure charges
  424  from highest to lowest, average net revenue per adjusted patient
  425  day, average cost per adjusted patient day, and average cost per
  426  admission, among others.
  427         2. Make available performance measures, benefit design, and
  428  premium cost data from health plans licensed pursuant to chapter
  429  627 or chapter 641. The agency shall determine which health care
  430  quality measures and member and subscriber cost data to
  431  disclose, based upon input from the council. When determining
  432  which data to disclose, the agency shall consider information
  433  that may be required by either individual or group purchasers to
  434  assess the value of the product, which may include membership
  435  satisfaction, quality of care, current enrollment or membership,
  436  coverage areas, accreditation status, premium costs, plan costs,
  437  premium increases, range of benefits, copayments and
  438  deductibles, accuracy and speed of claims payment, credentials
  439  of physicians, number of providers, names of network providers,
  440  and hospitals in the network. Health plans shall make available
  441  to the agency such data or information that is not currently
  442  reported to the agency or the office.
  443         3. Determine the method and format for public disclosure of
  444  data reported pursuant to this paragraph. The agency shall make
  445  its determination based upon input from the State Consumer
  446  Health Information and Policy Advisory Council. At a minimum,
  447  the data shall be made available on the agency’s Internet
  448  website in a manner that allows consumers to conduct an
  449  interactive search that allows them to view and compare the
  450  information for specific providers. The website must include
  451  such additional information as is determined necessary to ensure
  452  that the website enhances informed decisionmaking among
  453  consumers and health care purchasers, which shall include, at a
  454  minimum, appropriate guidance on how to use the data and an
  455  explanation of why the data may vary from provider to provider.
  456         4. Publish on its website undiscounted charges for no fewer
  457  than 150 of the most commonly performed adult and pediatric
  458  procedures, including outpatient, inpatient, diagnostic, and
  459  preventative procedures.
  460         (4) TECHNICAL ASSISTANCE.—
  461         (a) The center shall provide technical assistance to
  462  persons or organizations engaged in health planning activities
  463  in the effective use of statistics collected and compiled by the
  464  center. The center shall also provide the following additional
  465  technical assistance services:
  466         1. Establish procedures identifying the circumstances under
  467  which, the places at which, the persons from whom, and the
  468  methods by which a person may secure data from the center,
  469  including procedures governing requests, the ordering of
  470  requests, timeframes for handling requests, and other procedures
  471  necessary to facilitate the use of the center’s data. To the
  472  extent possible, the center should provide current data timely
  473  in response to requests from public or private agencies.
  474         2. Provide assistance to data sources and users in the
  475  areas of database design, survey design, sampling procedures,
  476  statistical interpretation, and data access to promote improved
  477  health-care-related data sets.
  478         3. Identify health care data gaps and provide technical
  479  assistance to other public or private organizations for meeting
  480  documented health care data needs.
  481         4. Assist other organizations in developing statistical
  482  abstracts of their data sets that could be used by the center.
  483         5. Provide statistical support to state agencies with
  484  regard to the use of databases maintained by the center.
  485         6. To the extent possible, respond to multiple requests for
  486  information not currently collected by the center or available
  487  from other sources by initiating data collection.
  488         7. Maintain detailed information on data maintained by
  489  other local, state, federal, and private agencies in order to
  490  advise those who use the center of potential sources of data
  491  which are requested but which are not available from the center.
  492         8. Respond to requests for data which are not available in
  493  published form by initiating special computer runs on data sets
  494  available to the center.
  495         9. Monitor innovations in health information technology,
  496  informatics, and the exchange of health information and maintain
  497  a repository of technical resources to support the development
  498  of a health information network.
  499         (b) The agency shall administer, manage, and monitor grants
  500  to not-for-profit organizations, regional health information
  501  organizations, public health departments, or state agencies that
  502  submit proposals for planning, implementation, or training
  503  projects to advance the development of a health information
  504  network. Any grant contract shall be evaluated to ensure the
  505  effective outcome of the health information project.
  506         (c) The agency shall initiate, oversee, manage, and
  507  evaluate the integration of health care data from each state
  508  agency that collects, stores, and reports on health care issues
  509  and make that data available to any health care practitioner
  510  through a state health information network.
  511         (5) PUBLICATIONS; REPORTS; SPECIAL STUDIES.—The center
  512  shall provide for the widespread dissemination of data which it
  513  collects and analyzes. The center shall have the following
  514  publication, reporting, and special study functions:
  515         (a) The center shall publish and make available
  516  periodically to agencies and individuals health statistics
  517  publications of general interest, including health plan consumer
  518  reports and health maintenance organization member satisfaction
  519  surveys; publications providing health statistics on topical
  520  health policy issues; publications that provide health status
  521  profiles of the people in this state; and other topical health
  522  statistics publications.
  523         (b) The center shall publish, make available, and
  524  disseminate, promptly and as widely as practicable, the results
  525  of special health surveys, health care research, and health care
  526  evaluations conducted or supported under this section. Any
  527  publication by the center must include a statement of the
  528  limitations on the quality, accuracy, and completeness of the
  529  data.
  530         (c) The center shall provide indexing, abstracting,
  531  translation, publication, and other services leading to a more
  532  effective and timely dissemination of health care statistics.
  533         (d) The center shall be responsible for publishing and
  534  disseminating an annual report on the center’s activities.
  535         (e) The center shall be responsible, to the extent
  536  resources are available, for conducting a variety of special
  537  studies and surveys to expand the health care information and
  538  statistics available for health policy analyses, particularly
  539  for the review of public policy issues. The center shall develop
  540  a process by which users of the center’s data are periodically
  541  surveyed regarding critical data needs and the results of the
  542  survey considered in determining which special surveys or
  543  studies will be conducted. The center shall select problems in
  544  health care for research, policy analyses, or special data
  545  collections on the basis of their local, regional, or state
  546  importance; the unique potential for definitive research on the
  547  problem; and opportunities for application of the study
  548  findings.
  549         (4)(6) PROVIDER DATA REPORTING.—This section does not
  550  confer on the agency the power to demand or require that a
  551  health care provider or professional furnish information,
  552  records of interviews, written reports, statements, notes,
  553  memoranda, or data other than as expressly required by law.
  554         (5)(7)HEALTH INFORMATION ENTERPRISE BUDGET; FEES.—
  555         (a) The agency shall implement the comprehensive health
  556  information system in a manner that recognizes state-collected
  557  data as an asset and rewards taxpayer investment in information
  558  collection and management Legislature intends that funding for
  559  the Florida Center for Health Information and Policy Analysis be
  560  appropriated from the General Revenue Fund.
  561         (b) The agency Florida Center for Health Information and
  562  Policy Analysis may apply for, and receive, and accept grants,
  563  gifts, and other payments, including property and services, from
  564  a any governmental or other public or private entity or person
  565  and make arrangements for as to the use of such funds same,
  566  including the undertaking of special studies and other projects
  567  relating to health-care-related topics. Funds obtained pursuant
  568  to this paragraph may not be used to offset annual
  569  appropriations from the General Revenue Fund.
  570         (c) The agency shall ensure that a vendor who enters into a
  571  contract with the state under this section does not inhibit or
  572  impede public access to state-collected health data and
  573  information center may charge such reasonable fees for services
  574  as the agency prescribes by rule. The established fees may not
  575  exceed the reasonable cost for such services. Fees collected may
  576  not be used to offset annual appropriations from the General
  577  Revenue Fund.
  578         (8) STATE CONSUMER HEALTH INFORMATION AND POLICY ADVISORY
  579  COUNCIL.—
  580         (a) There is established in the agency the State Consumer
  581  Health Information and Policy Advisory Council to assist the
  582  center in reviewing the comprehensive health information system,
  583  including the identification, collection, standardization,
  584  sharing, and coordination of health-related data, fraud and
  585  abuse data, and professional and facility licensing data among
  586  federal, state, local, and private entities and to recommend
  587  improvements for purposes of public health, policy analysis, and
  588  transparency of consumer health care information. The council
  589  shall consist of the following members:
  590         1. An employee of the Executive Office of the Governor, to
  591  be appointed by the Governor.
  592         2. An employee of the Office of Insurance Regulation, to be
  593  appointed by the director of the office.
  594         3. An employee of the Department of Education, to be
  595  appointed by the Commissioner of Education.
  596         4. Ten persons, to be appointed by the Secretary of Health
  597  Care Administration, representing other state and local
  598  agencies, state universities, business and health coalitions,
  599  local health councils, professional health-care-related
  600  associations, consumers, and purchasers.
  601         (b) Each member of the council shall be appointed to serve
  602  for a term of 2 years following the date of appointment, except
  603  the term of appointment shall end 3 years following the date of
  604  appointment for members appointed in 2003, 2004, and 2005. A
  605  vacancy shall be filled by appointment for the remainder of the
  606  term, and each appointing authority retains the right to
  607  reappoint members whose terms of appointment have expired.
  608         (c) The council may meet at the call of its chair, at the
  609  request of the agency, or at the request of a majority of its
  610  membership, but the council must meet at least quarterly.
  611         (d) Members shall elect a chair and vice chair annually.
  612         (e) A majority of the members constitutes a quorum, and the
  613  affirmative vote of a majority of a quorum is necessary to take
  614  action.
  615         (f) The council shall maintain minutes of each meeting and
  616  shall make such minutes available to any person.
  617         (g) Members of the council shall serve without compensation
  618  but shall be entitled to receive reimbursement for per diem and
  619  travel expenses as provided in s. 112.061.
  620         (h) The council’s duties and responsibilities include, but
  621  are not limited to, the following:
  622         1. To develop a mission statement, goals, and a plan of
  623  action for the identification, collection, standardization,
  624  sharing, and coordination of health-related data across federal,
  625  state, and local government and private sector entities.
  626         2. To develop a review process to ensure cooperative
  627  planning among agencies that collect or maintain health-related
  628  data.
  629         3. To create ad hoc issue-oriented technical workgroups on
  630  an as-needed basis to make recommendations to the council.
  631         (9) APPLICATION TO OTHER AGENCIES.—Nothing in this section
  632  shall limit, restrict, affect, or control the collection,
  633  analysis, release, or publication of data by any state agency
  634  pursuant to its statutory authority, duties, or
  635  responsibilities.
  636         Section 6. The Office of Program Policy Analysis and
  637  Government Accountability (OPPAGA) shall monitor the Agency for
  638  Health Care Administration’s implementation of s. 408.05,
  639  Florida Statutes, as amended by this act. No later than 1 year
  640  after the agency completes implementation, OPPAGA shall provide
  641  a report to the President of the Senate and the Speaker of the
  642  House of Representatives containing recommendations regarding
  643  the application of data practices made pursuant to s. 408.05,
  644  Florida Statutes, to other executive branch agencies.
  645         Section 7. For the purpose of incorporating the amendment
  646  made by this act to section 257.36, Florida Statutes, in a
  647  reference thereto, subsection (8) of section 120.54, Florida
  648  Statutes, is reenacted to read:
  649         120.54 Rulemaking.—
  650         (8) RULEMAKING RECORD.—In all rulemaking proceedings the
  651  agency shall compile a rulemaking record. The record shall
  652  include, if applicable, copies of:
  653         (a) All notices given for the proposed rule.
  654         (b) Any statement of estimated regulatory costs for the
  655  rule.
  656         (c) A written summary of hearings on the proposed rule.
  657         (d) The written comments and responses to written comments
  658  as required by this section and s. 120.541.
  659         (e) All notices and findings made under subsection (4).
  660         (f) All materials filed by the agency with the committee
  661  under subsection (3).
  662         (g) All materials filed with the Department of State under
  663  subsection (3).
  664         (h) All written inquiries from standing committees of the
  665  Legislature concerning the rule.
  666  
  667  Each state agency shall retain the record of rulemaking as long
  668  as the rule is in effect. When a rule is no longer in effect,
  669  the record may be destroyed pursuant to the records-retention
  670  schedule developed under s. 257.36(6).
  671         Section 8. Subsection (3) of section 20.42, Florida
  672  Statutes, is amended to read:
  673         20.42 Agency for Health Care Administration.—
  674         (3) The department is shall be the chief health policy and
  675  planning entity for the state. The department is responsible for
  676  health facility licensure, inspection, and regulatory
  677  enforcement; investigation of consumer complaints related to
  678  health care facilities and managed care plans; the
  679  implementation of the certificate of need program; the operation
  680  of the Florida Center for Health Information and Policy
  681  Analysis; the administration of the Medicaid program; the
  682  administration of the contracts with the Florida Healthy Kids
  683  Corporation; the certification of health maintenance
  684  organizations and prepaid health clinics as set forth in part
  685  III of chapter 641; and any other duties prescribed by statute
  686  or agreement.
  687         Section 9. Paragraph (c) of subsection (4) of section
  688  381.026, Florida Statutes, is amended to read:
  689         381.026 Florida Patient’s Bill of Rights and
  690  Responsibilities.—
  691         (4) RIGHTS OF PATIENTS.—Each health care facility or
  692  provider shall observe the following standards:
  693         (c) Financial information and disclosure.—
  694         1. A patient has the right to be given, upon request, by
  695  the responsible provider, his or her designee, or a
  696  representative of the health care facility full information and
  697  necessary counseling on the availability of known financial
  698  resources for the patient’s health care.
  699         2. A health care provider or a health care facility shall,
  700  upon request, disclose to each patient who is eligible for
  701  Medicare, before treatment, whether the health care provider or
  702  the health care facility in which the patient is receiving
  703  medical services accepts assignment under Medicare reimbursement
  704  as payment in full for medical services and treatment rendered
  705  in the health care provider’s office or health care facility.
  706         3. A primary care provider may publish a schedule of
  707  charges for the medical services that the provider offers to
  708  patients. The schedule must include the prices charged to an
  709  uninsured person paying for such services by cash, check, credit
  710  card, or debit card. The schedule must be posted in a
  711  conspicuous place in the reception area of the provider’s office
  712  and must include, but is not limited to, the 50 services most
  713  frequently provided by the primary care provider. The schedule
  714  may group services by three price levels, listing services in
  715  each price level. The posting must be at least 15 square feet in
  716  size. A primary care provider who publishes and maintains a
  717  schedule of charges for medical services is exempt from the
  718  license fee requirements for a single period of renewal of a
  719  professional license under chapter 456 for that licensure term
  720  and is exempt from the continuing education requirements of
  721  chapter 456 and the rules implementing those requirements for a
  722  single 2-year period.
  723         4. If a primary care provider publishes a schedule of
  724  charges pursuant to subparagraph 3., he or she shall must
  725  continually post it at all times for the duration of active
  726  licensure in this state when primary care services are provided
  727  to patients. If a primary care provider fails to post the
  728  schedule of charges in accordance with this subparagraph, the
  729  provider shall be required to pay any license fee and comply
  730  with any continuing education requirements for which an
  731  exemption was received.
  732         5. A health care provider or a health care facility shall,
  733  upon request, furnish a person, before the provision of medical
  734  services, a reasonable estimate of charges for such services.
  735  The health care provider or the health care facility shall
  736  provide an uninsured person, before the provision of a planned
  737  nonemergency medical service, a reasonable estimate of charges
  738  for such service and information regarding the provider’s or
  739  facility’s discount or charity policies for which the uninsured
  740  person may be eligible. Such estimates by a primary care
  741  provider must be consistent with the schedule posted under
  742  subparagraph 3. To the extent possible, estimates shall, to the
  743  extent possible, be written in language comprehensible to an
  744  ordinary layperson. Such reasonable estimate does not preclude
  745  the health care provider or health care facility from exceeding
  746  the estimate or making additional charges based on changes in
  747  the patient’s condition or treatment needs.
  748         6. Each licensed facility not operated by the state shall
  749  make available to the public on its Internet website or by other
  750  electronic means a description of and a link to the performance
  751  outcome and financial data that is published by the agency
  752  pursuant to s. 408.05(3)(k). The facility shall place in its
  753  reception area a notice stating that the in the reception area
  754  that such information is available electronically and providing
  755  the facility’s website address. The licensed facility may
  756  indicate that the pricing information is based on a compilation
  757  of charges for the average patient and that each patient’s bill
  758  may vary from the average depending upon the severity of illness
  759  and individual resources consumed. The licensed facility may
  760  also indicate that the price of service is negotiable for
  761  eligible patients based upon the patient’s ability to pay.
  762         7. A patient has the right to receive a copy of an itemized
  763  bill and upon request. A patient has a right to be given an
  764  explanation of charges upon request.
  765         Section 10. Subsection (11) of section 395.301, Florida
  766  Statutes, is amended to read:
  767         395.301 Itemized patient bill; form and content prescribed
  768  by the agency.—
  769         (11) Each licensed facility shall make available on its
  770  Internet website a link to the performance outcome and financial
  771  data that is published by the Agency for Health Care
  772  Administration pursuant to s. 408.05(3)(k). The facility shall
  773  place in its reception area a notice stating in the reception
  774  area that the information is available electronically and
  775  providing the facility’s Internet website address.
  776         Section 11. Paragraph (e) of subsection (2) of section
  777  395.602, Florida Statutes, is amended to read:
  778         395.602 Rural hospitals.—
  779         (2) DEFINITIONS.—As used in this part:
  780         (e) “Rural hospital” means an acute care hospital licensed
  781  under this chapter, having 100 or fewer licensed beds and an
  782  emergency room, which is:
  783         1. The sole provider within a county with a population
  784  density of no greater than 100 persons per square mile;
  785         2. An acute care hospital, in a county with a population
  786  density of no greater than 100 persons per square mile, which is
  787  at least 30 minutes of travel time, on normally traveled roads
  788  under normal traffic conditions, from any other acute care
  789  hospital within the same county;
  790         3. A hospital supported by a tax district or subdistrict
  791  whose boundaries encompass a population of 100 persons or fewer
  792  per square mile;
  793         4. A hospital in a constitutional charter county with a
  794  population of more than over 1 million persons that has imposed
  795  a local option health service tax pursuant to law and in an area
  796  that was directly impacted by a catastrophic event on August 24,
  797  1992, for which the Governor of Florida declared a state of
  798  emergency pursuant to chapter 125, and has 120 beds or less that
  799  serves an agricultural community with an emergency room
  800  utilization of no less than 20,000 visits and a Medicaid
  801  inpatient utilization rate greater than 15 percent;
  802         5. A hospital with a service area that has a population of
  803  100 persons or fewer per square mile. As used in this
  804  subparagraph, the term “service area” means the fewest number of
  805  zip codes that account for 75 percent of the hospital’s
  806  discharges for the most recent 5-year period, based on
  807  information available from the agency’s hospital inpatient
  808  discharge database in the Florida Center for Health Information
  809  and Policy Analysis at the agency; or
  810         6. A hospital designated as a critical access hospital, as
  811  defined in s. 408.07.
  812  
  813  Population densities used in this paragraph must be based upon
  814  the most recently completed United States census. A hospital
  815  that received funds under s. 409.9116 for a quarter beginning no
  816  later than July 1, 2002, is deemed to have been and shall
  817  continue to be a rural hospital from that date through June 30,
  818  2015, if the hospital continues to have 100 or fewer licensed
  819  beds and an emergency room, or meets the criteria of
  820  subparagraph 4. An acute care hospital that has not previously
  821  been designated as a rural hospital and that meets the criteria
  822  of this paragraph shall be granted such designation upon
  823  application, including supporting documentation, to the agency.
  824  A hospital that was licensed as a rural hospital during the
  825  2010-2011 or 2011-2012 fiscal year shall continue to be a rural
  826  hospital from the date of designation through June 30, 2015, if
  827  the hospital continues to have 100 or fewer licensed beds and an
  828  emergency room.
  829         Section 12. Section 395.6025, Florida Statutes, is amended
  830  to read:
  831         395.6025 Rural hospital replacement facilities.
  832  Notwithstanding the provisions of s. 408.036, a hospital defined
  833  as a statutory rural hospital in accordance with s. 395.602, or
  834  a not-for-profit operator of rural hospitals, is not required to
  835  obtain a certificate of need for the construction of a new
  836  hospital located in a county with a population of at least
  837  15,000 but no more than 18,000 and a density of less than 30
  838  persons per square mile, or a replacement facility, if provided
  839  that the replacement, or new, facility is located within 10
  840  miles of the site of the currently licensed rural hospital and
  841  within the current primary service area. As used in this
  842  section, the term “service area” means the fewest number of zip
  843  codes that account for 75 percent of the hospital’s discharges
  844  for the most recent 5-year period, based on information
  845  available from the Agency for Health Care Administration’s
  846  hospital inpatient discharge database in the Florida Center for
  847  Health Information and Policy Analysis at the Agency for Health
  848  Care Administration.
  849         Section 13. Subsection (43) of section 408.07, Florida
  850  Statutes, is amended to read:
  851         408.07 Definitions.—As used in this chapter, with the
  852  exception of ss. 408.031-408.045, the term:
  853         (43) “Rural hospital” means an acute care hospital licensed
  854  under chapter 395, having 100 or fewer licensed beds and an
  855  emergency room, and which is:
  856         (a) The sole provider within a county with a population
  857  density of no greater than 100 persons per square mile;
  858         (b) An acute care hospital, in a county with a population
  859  density of no greater than 100 persons per square mile, which is
  860  at least 30 minutes of travel time, on normally traveled roads
  861  under normal traffic conditions, from another acute care
  862  hospital within the same county;
  863         (c) A hospital supported by a tax district or subdistrict
  864  whose boundaries encompass a population of 100 persons or fewer
  865  per square mile;
  866         (d) A hospital with a service area that has a population of
  867  100 persons or fewer per square mile. As used in this paragraph,
  868  the term “service area” means the fewest number of zip codes
  869  that account for 75 percent of the hospital’s discharges for the
  870  most recent 5-year period, based on information available from
  871  the Agency for Health Care Administration’s hospital inpatient
  872  discharge database in the Florida Center for Health Information
  873  and Policy Analysis at the Agency for Health Care
  874  Administration; or
  875         (e) A critical access hospital.
  876  
  877  Population densities used in this subsection must be based upon
  878  the most recently completed United States census. A hospital
  879  that received funds under s. 409.9116 for a quarter beginning no
  880  later than July 1, 2002, is deemed to have been and shall
  881  continue to be a rural hospital from that date through June 30,
  882  2015, if the hospital continues to have 100 or fewer licensed
  883  beds and an emergency room, or meets the criteria of s.
  884  395.602(2)(e)4. An acute care hospital that has not previously
  885  been designated as a rural hospital and that meets the criteria
  886  of this subsection shall be granted such designation upon
  887  application, including supporting documentation, to the Agency
  888  for Health Care Administration.
  889         Section 14. Paragraph (a) of subsection (4) of section
  890  408.18, Florida Statutes, is amended to read:
  891         408.18 Health Care Community Antitrust Guidance Act;
  892  antitrust no-action letter; market-information collection and
  893  education.—
  894         (4)(a) Members of the health care community who seek
  895  antitrust guidance may request a review of their proposed
  896  business activity by the Attorney General’s office. In
  897  conducting its review, the Attorney General’s office may seek
  898  whatever documentation, data, or other material it deems
  899  necessary from the Agency for Health Care Administration, the
  900  Florida Center for Health Information and Policy Analysis, and
  901  the Office of Insurance Regulation of the Financial Services
  902  Commission.
  903         Section 15. Section 465.0244, Florida Statutes, is amended
  904  to read:
  905         465.0244 Information disclosure.—Every pharmacy shall make
  906  available on its Internet website a link to the performance
  907  outcome and financial data that is published by the Agency for
  908  Health Care Administration pursuant to s. 408.05(3)(k) and shall
  909  place in the area where customers receive filled prescriptions
  910  notice that such information is available electronically and the
  911  address of its Internet website.
  912         Section 16. Subsection (2) of section 627.6499, Florida
  913  Statutes, is amended to read:
  914         627.6499 Reporting by insurers and third-party
  915  administrators.—
  916         (2) Each health insurance issuer shall make available on
  917  its Internet website a link to the performance outcome and
  918  financial data that is published by the Agency for Health Care
  919  Administration pursuant to s. 408.05(3)(k) and shall include in
  920  every policy delivered or issued for delivery to any person in
  921  the state or any materials provided as required by s. 627.64725
  922  notice that such information is available electronically and the
  923  address of its Internet website.
  924         Section 17. Subsection (7) of section 641.54, Florida
  925  Statutes, is amended to read:
  926         641.54 Information disclosure.—
  927         (7) Each health maintenance organization shall make
  928  available on its Internet website a link to the performance
  929  outcome and financial data that is published by the Agency for
  930  Health Care Administration pursuant to s. 408.05(3)(k) and shall
  931  include in every policy delivered or issued for delivery to any
  932  person in the state or any materials provided as required by s.
  933  627.64725 notice that such information is available
  934  electronically and the address of its Internet website.
  935         Section 18. This act shall take effect July 1, 2014.