Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. PCS (664560) for SB 1496
       
       
       
       
       
       
                                Ì523828AÎ523828                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/25/2016           .                                
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       The Committee on Appropriations (Gaetz) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 395.301, Florida Statutes, is amended to
    6  read:
    7         395.301 Price transparency; itemized patient statement or
    8  bill; form and content prescribed by the agency; patient
    9  admission status notification.—
   10         (1) A facility licensed under this chapter shall provide
   11  timely and accurate financial information and quality of service
   12  measures to prospective and actual patients of the facility, or
   13  to patients’ survivors or legal guardians, as appropriate. Such
   14  information shall be provided in accordance with this section
   15  and rules adopted by the agency pursuant to this chapter and s.
   16  408.05. Licensed facilities operating exclusively as state
   17  facilities are exempt from this subsection.
   18         (a)Each licensed facility shall make available to the
   19  public on its website information on payments made to that
   20  facility for defined bundles of services and procedures. The
   21  payment data must be presented and searchable in accordance
   22  with, and through a hyperlink to, the system established by the
   23  agency and its vendor using the descriptive service bundles
   24  developed under s. 408.05(3)(c). At a minimum, the facility
   25  shall provide the estimated average payment received from all
   26  payors, excluding Medicaid and Medicare, for the descriptive
   27  service bundles available at that facility and the estimated
   28  payment range for such bundles. Using plain language,
   29  comprehensible to an ordinary layperson, the facility must
   30  disclose that the information on average payments and the
   31  payment ranges is an estimate of costs that may be incurred by
   32  the patient or prospective patient and that actual costs will be
   33  based on the services actually provided to the patient. The
   34  facility shall also assist the consumer in accessing his or her
   35  health insurer’s or health maintenance organization’s website
   36  for information on estimated copayments, deductibles, and other
   37  cost-sharing responsibilities. The facility’s website must:
   38         1.Identify and post the names and hyperlinks for direct
   39  access to the websites of all health insurers and health
   40  maintenance organizations for which the facility is a network
   41  provider or preferred provider.
   42         2. Provide information to uninsured patients and insured
   43  patients whose health insurer or health maintenance organization
   44  does not include the facility as a network provider or preferred
   45  provider on the facility’s financial assistance policy,
   46  including the application process, payment plans, and discounts,
   47  and the facility’s charity care policy and collection
   48  procedures.
   49         3. If applicable, notify patients and prospective patients
   50  that services may be provided in the health care facility by the
   51  facility as well as by other health care providers who may
   52  separately bill the patient and that such health care providers
   53  may or may not participate with the same health insurers or
   54  health maintenance organizations as the facility does.
   55         4. Inform patients and prospective patients that they may
   56  request from the facility and other health care providers a more
   57  personalized estimate of charges and other information, and
   58  inform patients that they should contact each health care
   59  practitioner who will provide services in the hospital to
   60  determine with which health insurers and health maintenance
   61  organizations he or she participates as a network provider or
   62  preferred provider.
   63         5.Provide the names, mailing addresses, and telephone
   64  numbers of the health care practitioners and medical practice
   65  groups with which it contracts to provide services in the
   66  facility and instructions on how to contact the practitioners
   67  and groups to determine the health insurers and health
   68  maintenance organizations with which they participate as a
   69  network provider or preferred provider.
   70         (b)1. Upon request, and before providing any nonemergency
   71  medical services, each licensed facility shall provide a
   72  written, good faith estimate of reasonably anticipated charges
   73  by the facility for the treatment of the patient’s or
   74  prospective patient’s specific condition. The facility must
   75  provide the estimate in writing to the patient or prospective
   76  patient within 7 business days after the receipt of the request
   77  and is not required to adjust the estimate for any potential
   78  insurance coverage. The estimate may be based on the descriptive
   79  service bundles developed by the agency under s. 408.05(3)(c)
   80  unless the patient or prospective patient requests a more
   81  personalized and specific estimate that accounts for the
   82  specific condition and characteristics of the patient or
   83  prospective patient. The facility shall inform the patient or
   84  prospective patient that he or she may contact his or her health
   85  insurer or health maintenance organization for additional
   86  information concerning cost-sharing responsibilities.
   87         2. In the estimate, the facility shall provide to the
   88  patient or prospective patient information on the facility’s
   89  financial assistance policy, including the application process,
   90  payment plans, and discounts and the facility’s charity care
   91  policy and collection procedures.
   92         3.The estimate shall clearly identify any facility fees
   93  and, if applicable, include a statement notifying the patient or
   94  prospective patient that a facility fee is included in the
   95  estimate, the purpose of the fee, and that the patient may pay
   96  less for the procedure or service at another facility or in
   97  another health care setting.
   98         4. Upon request, the facility shall notify the patient or
   99  prospective patient of any revision to the estimate.
  100         5. In the estimate, the facility must notify the patient or
  101  prospective patient that services may be provided in the health
  102  care facility by the facility as well as by other health care
  103  providers that may separately bill the patient, if applicable.
  104         6. The facility shall take action to educate the public
  105  that such estimates are available upon request.
  106         7. Failure to timely provide the estimate pursuant to this
  107  paragraph shall result in a daily fine of $1,000 until the
  108  estimate is provided to the patient or prospective patient. The
  109  total fine may not exceed $10,000.
  110  
  111  The provision of an estimate does not preclude the actual
  112  charges from exceeding the estimate.
  113         (c) Each facility shall make available on its website a
  114  hyperlink to the health-related data, including quality measures
  115  and statistics that are disseminated by the agency pursuant to
  116  s. 408.05. The facility shall also take action to notify the
  117  public that such information is electronically available and
  118  provide a hyperlink to the agency’s website.
  119         (d)1. Upon request, and after the patient’s discharge or
  120  release from a facility, the facility must provide A licensed
  121  facility not operated by the state shall notify each patient
  122  during admission and at discharge of his or her right to receive
  123  an itemized bill upon request. Within 7 days following the
  124  patient’s discharge or release from a licensed facility not
  125  operated by the state, the licensed facility providing the
  126  service shall, upon request, submit to the patient, or to the
  127  patient’s survivor or legal guardian, as may be appropriate, an
  128  itemized statement or bill detailing in plain language,
  129  comprehensible to an ordinary layperson, the specific nature of
  130  charges or expenses incurred by the patient., which in The
  131  initial statement or bill billing shall be provided within 7
  132  days after the patient’s discharge or release or after a request
  133  for such statement or bill, whichever is later. The initial
  134  statement or bill must contain a statement of specific services
  135  received and expenses incurred by date and provider for such
  136  items of service, enumerating in detail as prescribed by the
  137  agency the constituent components of the services received
  138  within each department of the licensed facility and including
  139  unit price data on rates charged by the licensed facility, as
  140  prescribed by the agency. The statement or bill must also
  141  clearly identify any facility fee and explain the purpose of the
  142  fee. The statement or bill must identify each item as paid,
  143  pending payment by a third party, or pending payment by the
  144  patient and must include the amount due, if applicable. If an
  145  amount is due from the patient, a due date must be included. The
  146  initial statement or bill must direct the patient or the
  147  patient’s survivor or legal guardian, as appropriate, to contact
  148  the patient’s insurer or health maintenance organization
  149  regarding the patient’s cost-sharing responsibilities.
  150         2. Any subsequent statement or bill provided to a patient
  151  or to the patient’s survivor or legal guardian, as appropriate,
  152  relating to the episode of care must include all of the
  153  information required by subparagraph 1., with any revisions
  154  clearly delineated.
  155         3.(2)(a) Each such statement or bill provided submitted
  156  pursuant to this subsection section:
  157         a.1.Must May not include notice charges of hospital-based
  158  physicians and other health care providers who bill if billed
  159  separately.
  160         b.2. May not include any generalized category of expenses
  161  such as “other” or “miscellaneous” or similar categories.
  162         c.3.Must Shall list drugs by brand or generic name and not
  163  refer to drug code numbers when referring to drugs of any sort.
  164         d.4.Must Shall specifically identify physical,
  165  occupational, or speech therapy treatment by as to the date,
  166  type, and length of treatment when such therapy treatment is a
  167  part of the statement or bill.
  168         (b) Any person receiving a statement pursuant to this
  169  section shall be fully and accurately informed as to each charge
  170  and service provided by the institution preparing the statement.
  171         (2)(3)On each itemized statement submitted pursuant to
  172  subsection (1) there shall appear the words “A FOR-PROFIT (or
  173  NOT-FOR-PROFIT or PUBLIC) HOSPITAL (or AMBULATORY SURGICAL
  174  CENTER) LICENSED BY THE STATE OF FLORIDA” or substantially
  175  similar words sufficient to identify clearly and plainly the
  176  ownership status of the licensed facility. Each itemized
  177  statement or bill must prominently display the telephone phone
  178  number of the medical facility’s patient liaison who is
  179  responsible for expediting the resolution of any billing dispute
  180  between the patient, or the patient’s survivor or legal guardian
  181  his or her representative, and the billing department.
  182         (4) An itemized bill shall be provided once to the
  183  patient’s physician at the physician’s request, at no charge.
  184         (5) In any billing for services subsequent to the initial
  185  billing for such services, the patient, or the patient’s
  186  survivor or legal guardian, may elect, at his or her option, to
  187  receive a copy of the detailed statement of specific services
  188  received and expenses incurred for each such item of service as
  189  provided in subsection (1).
  190         (6) No physician, dentist, podiatric physician, or licensed
  191  facility may add to the price charged by any third party except
  192  for a service or handling charge representing a cost actually
  193  incurred as an item of expense; however, the physician, dentist,
  194  podiatric physician, or licensed facility is entitled to fair
  195  compensation for all professional services rendered. The amount
  196  of the service or handling charge, if any, shall be set forth
  197  clearly in the bill to the patient.
  198         (7) Each licensed facility not operated by the state shall
  199  provide, prior to provision of any nonemergency medical
  200  services, a written good faith estimate of reasonably
  201  anticipated charges for the facility to treat the patient’s
  202  condition upon written request of a prospective patient. The
  203  estimate shall be provided to the prospective patient within 7
  204  business days after the receipt of the request. The estimate may
  205  be the average charges for that diagnosis related group or the
  206  average charges for that procedure. Upon request, the facility
  207  shall notify the patient of any revision to the good faith
  208  estimate. Such estimate shall not preclude the actual charges
  209  from exceeding the estimate. The facility shall place a notice
  210  in the reception area that such information is available.
  211  Failure to provide the estimate within the provisions
  212  established pursuant to this section shall result in a fine of
  213  $500 for each instance of the facility’s failure to provide the
  214  requested information.
  215         (8) Each licensed facility that is not operated by the
  216  state shall provide any uninsured person seeking planned
  217  nonemergency elective admission a written good faith estimate of
  218  reasonably anticipated charges for the facility to treat such
  219  person. The estimate must be provided to the uninsured person
  220  within 7 business days after the person notifies the facility
  221  and the facility confirms that the person is uninsured. The
  222  estimate may be the average charges for that diagnosis-related
  223  group or the average charges for that procedure. Upon request,
  224  the facility shall notify the person of any revision to the good
  225  faith estimate. Such estimate does not preclude the actual
  226  charges from exceeding the estimate. The facility shall also
  227  provide to the uninsured person a copy of any facility discount
  228  and charity care discount policies for which the uninsured
  229  person may be eligible. The facility shall place a notice in the
  230  reception area where such information is available. Failure to
  231  provide the estimate as required by this subsection shall result
  232  in a fine of $500 for each instance of the facility’s failure to
  233  provide the requested information.
  234         (3)(9) If a licensed facility places a patient on
  235  observation status rather than inpatient status, observation
  236  services shall be documented in the patient’s discharge papers.
  237  The patient or the patient’s survivor or legal guardian proxy
  238  shall be notified of observation services through discharge
  239  papers, which may also include brochures, signage, or other
  240  forms of communication for this purpose.
  241         (4)(10) A licensed facility shall make available to a
  242  patient all records necessary for verification of the accuracy
  243  of the patient’s statement or bill within 10 30 business days
  244  after the request for such records. The records verification
  245  information must be made available in the facility’s offices and
  246  through electronic means that comply with the Health Insurance
  247  Portability and Accountability Act of 1996. Such records must
  248  shall be available to the patient before prior to and after
  249  payment of the statement or bill or claim. The facility may not
  250  charge the patient for making such verification records
  251  available; however, the facility may charge its usual fee for
  252  providing copies of records as specified in s. 395.3025.
  253         (5)(11) Each facility shall establish a method for
  254  reviewing and responding to questions from patients concerning
  255  the patient’s itemized statement or bill. Such response shall be
  256  provided within 7 business 30 days after the date a question is
  257  received. If the patient is not satisfied with the response, the
  258  facility must provide the patient with the contact information
  259  address of the consumer advocate as provided in s. 627.0613
  260  agency to which the issue may be sent for review.
  261         (12) Each licensed facility shall make available on its
  262  Internet website a link to the performance outcome and financial
  263  data that is published by the Agency for Health Care
  264  Administration pursuant to s. 408.05(3)(k). The facility shall
  265  place a notice in the reception area that the information is
  266  available electronically and the facility’s Internet website
  267  address.
  268         Section 2. Section 395.107, Florida Statutes, is amended to
  269  read:
  270         395.107 Facilities Urgent care centers; publishing and
  271  posting schedule of charges; penalties.—
  272         (1) For purposes of this section, “facility” means:
  273         (a)An urgent care center as defined in s. 395.002; or
  274         (b)A diagnostic-imaging center operated by a hospital
  275  licensed under this chapter which is not located on the
  276  hospital’s premises.
  277         (2)A facility An urgent care center must publish and post
  278  a schedule of charges for the medical services offered to
  279  patients.
  280         (3)(2) The schedule of charges must describe the medical
  281  services in language comprehensible to a layperson. The schedule
  282  must include the prices charged to an uninsured person paying
  283  for such services by cash, check, credit card, or debit card.
  284  The schedule must be posted in a conspicuous place in the
  285  reception area and must include, but is not limited to, the 50
  286  services most frequently provided. The schedule may group
  287  services by three price levels, listing services in each price
  288  level. The posting may be a sign, which must be at least 15
  289  square feet in size, or may be through an electronic messaging
  290  board. If a facility an urgent care center is affiliated with a
  291  facility licensed hospital under this chapter, the schedule must
  292  include text that notifies the insured patients whether the
  293  charges for medical services received at the center will be the
  294  same as, or more than, charges for medical services received at
  295  the affiliated hospital. The text notifying the patient of the
  296  schedule of charges shall be in a font size equal to or greater
  297  than the font size used for prices and must be in a contrasting
  298  color. The text that notifies the insured patients whether the
  299  charges for medical services received at the center will be the
  300  same as, or more than, charges for medical services received at
  301  the affiliated hospital shall be included in all media and
  302  Internet advertisements for the center and in language
  303  comprehensible to a layperson.
  304         (4)(3) The posted text describing the medical services must
  305  fill at least 12 square feet of the posting. A facility center
  306  may use an electronic device or messaging board to post the
  307  schedule of charges. Such a device must be at least 3 square
  308  feet, and patients must be able to access the schedule during
  309  all hours of operation of the facility urgent care center.
  310         (5)(4)A facility An urgent care center that is operated
  311  and used exclusively for employees and the dependents of
  312  employees of the business that owns or contracts for the
  313  facility urgent care center is exempt from this section.
  314         (6)(5) The failure of a facility an urgent care center to
  315  publish and post a schedule of charges as required by this
  316  section shall result in a fine of not more than $1,000, per day,
  317  until the schedule is published and posted.
  318         Section 3. Section 395.3012, Florida Statutes, is created
  319  to read:
  320         395.3012 Penalties for unconscionable prices.—
  321         (1) The agency may impose administrative fines based on the
  322  findings of the consumer advocate’s investigation of billing
  323  complaints pursuant to s. 627.0613(6).
  324         (2) The administrative fines for noncompliance with s.
  325  395.301 are the greater of $2,500 per violation or double the
  326  amount of the original charges.
  327         Section 4. Subsection (1) of section 400.487, Florida
  328  Statutes, is amended to read:
  329         400.487 Home health service agreements; physician’s,
  330  physician assistant’s, and advanced registered nurse
  331  practitioner’s treatment orders; patient assessment;
  332  establishment and review of plan of care; provision of services;
  333  orders not to resuscitate.—
  334         (1)(a) Services provided by a home health agency must be
  335  covered by an agreement between the home health agency and the
  336  patient or the patient’s legal representative specifying the
  337  home health services to be provided, the rates or charges for
  338  services paid with private funds, and the sources of payment,
  339  which may include Medicare, Medicaid, private insurance,
  340  personal funds, or a combination thereof. A home health agency
  341  providing skilled care must make an assessment of the patient’s
  342  needs within 48 hours after the start of services.
  343         (b) Every licensed home health agency shall provide upon
  344  the request of a prospective patient or his or her legal
  345  guardian a written, good faith estimate of reasonably
  346  anticipated charges for the prospective patient for services
  347  provided by the home health agency. The home health agency must
  348  provide the estimate to the requestor within 7 business days
  349  after receiving the request. The home health agency must inform
  350  the prospective patient, or his or her legal guardian, that he
  351  or she may contact the prospective patient’s health insurer or
  352  health maintenance organization for additional information
  353  concerning cost-sharing responsibilities. The home health agency
  354  must also provide information disclosing the home health
  355  agency’s payment plans, discounts, and other available
  356  assistance and its collection procedures.
  357         Section 5. Subsection (23) is added to section 400.934,
  358  Florida Statutes, to read:
  359         400.934 Minimum standards.—As a requirement of licensure,
  360  home medical equipment providers shall:
  361         (23) Provide upon the request of a prospective patient or
  362  his or her legal guardian a written, good faith estimate of
  363  reasonably anticipated charges for the prospective patient for
  364  services provided by the home medical equipment provider. The
  365  home medical equipment provider must provide the estimate to the
  366  requestor within 7 business days after receiving the request.
  367  The home medical equipment provider must inform the prospective
  368  patient, or his or her legal guardian, that he or she may
  369  contact the prospective patient’s health insurer or health
  370  maintenance organization for additional information concerning
  371  cost-sharing responsibilities. The home medical equipment
  372  provider must also provide information disclosing the home
  373  medical equipment provider’s payment plans, discounts, and other
  374  available assistance and its collection procedures.
  375         Section 6. Section 408.05, Florida Statutes, is amended to
  376  read:
  377         408.05 Florida Center for Health Information and
  378  Transparency Policy Analysis.—
  379         (1) ESTABLISHMENT.—The agency shall establish and maintain
  380  a Florida Center for Health Information and Transparency to
  381  collect, compile, coordinate, analyze, index, and disseminate
  382  Policy Analysis. The center shall establish a comprehensive
  383  health information system to provide for the collection,
  384  compilation, coordination, analysis, indexing, dissemination,
  385  and utilization of both purposefully collected and extant
  386  health-related data and statistics. The center shall be staffed
  387  as with public health experts, biostatisticians, information
  388  system analysts, health policy experts, economists, and other
  389  staff necessary to carry out its functions.
  390         (2) HEALTH-RELATED DATA.—The comprehensive health
  391  information system operated by the Florida Center for Health
  392  Information and Transparency Policy Analysis shall identify the
  393  best available data sets, compile new data when specifically
  394  authorized, data sources and promote the use coordinate the
  395  compilation of extant health-related data and statistics. The
  396  center must maintain any data sets in existence before July 1,
  397  2016, unless such data sets duplicate information that is
  398  readily available from other credible sources, and may and
  399  purposefully collect or compile data on:
  400         (a) The extent and nature of illness and disability of the
  401  state population, including life expectancy, the incidence of
  402  various acute and chronic illnesses, and infant and maternal
  403  morbidity and mortality.
  404         (b) The impact of illness and disability of the state
  405  population on the state economy and on other aspects of the
  406  well-being of the people in this state.
  407         (c) Environmental, social, and other health hazards.
  408         (d) Health knowledge and practices of the people in this
  409  state and determinants of health and nutritional practices and
  410  status.
  411         (a)(e) Health resources, including licensed physicians,
  412  dentists, nurses, and other health care practitioners
  413  professionals, by specialty and type of practice. Such data
  414  shall include information collected by the Department of Health
  415  pursuant to ss. 458.3191 and 459.0081.
  416         (b)Health service inventories, including and acute care,
  417  long-term care, and other institutional care facilities facility
  418  supplies and specific services provided by hospitals, nursing
  419  homes, home health agencies, and other licensed health care
  420  facilities.
  421         (c)(f)Service utilization for licensed health care
  422  facilities of health care by type of provider.
  423         (d)(g) Health care costs and financing, including trends in
  424  health care prices and costs, the sources of payment for health
  425  care services, and federal, state, and local expenditures for
  426  health care.
  427         (h) Family formation, growth, and dissolution.
  428         (e)(i) The extent of public and private health insurance
  429  coverage in this state.
  430         (f)(j)Specific quality-of-care initiatives involving The
  431  quality of care provided by various health care providers when
  432  extant data is not adequate to achieve the objectives of the
  433  initiative.
  434         (3) COMPREHENSIVE HEALTH INFORMATION TRANSPARENCY SYSTEM.
  435  In order to disseminate and facilitate the availability of
  436  produce comparable and uniform health information and statistics
  437  for the development of policy recommendations, the agency shall
  438  perform the following functions:
  439         (a) Collect and compile information on and coordinate the
  440  activities of state agencies involved in providing the design
  441  and implementation of the comprehensive health information to
  442  consumers system.
  443         (b) Promote data sharing through dissemination of state
  444  collected health data by making such data available,
  445  transferable, and readily usable Undertake research,
  446  development, and evaluation respecting the comprehensive health
  447  information system.
  448         (c) Contract with a vendor to provide a consumer-friendly,
  449  Internet-based platform that allows a consumer to research the
  450  cost of health care services and procedures and allows for price
  451  comparison. The Internet-based platform must allow a consumer to
  452  search by condition or service bundles that are comprehensible
  453  to a layperson and may not require registration, a security
  454  password, or user identification. The vendor shall also
  455  establish and maintain a Florida-specific data set of health
  456  care claims information available to the public and any
  457  interested party. The agency shall actively oversee the vendor
  458  to ensure compliance with state law. The agency shall select the
  459  vendor through an invitation to negotiate. A responsive vendor
  460  must be a nonprofit research institute that is qualified under
  461  s. 1874 of the Social Security Act to receive Medicare claims
  462  data and that receives claims, payment, and patient cost-share
  463  data from multiple private insurers nationwide. By July 1, 2016,
  464  a responsive vendor must have:
  465         1. A national database consisting of at least 15 billion
  466  claim lines of administrative claims data from multiple payors
  467  capable of being expanded by adding third-party payors,
  468  including employers with health plans covered by the Employee
  469  Retirement Income Security Act of 1974.
  470         2. A well-developed methodology for analyzing claims data
  471  within defined service bundles.
  472         3. A bundling methodology that is available in the public
  473  domain to allow for consistency and comparison of state and
  474  national benchmarks with local regions and specific providers.
  475         (c) Review the statistical activities of state agencies to
  476  ensure that they are consistent with the comprehensive health
  477  information system.
  478         (d) Develop written agreements with local, state, and
  479  federal agencies to facilitate for the sharing of data related
  480  to health care health-care-related data or using the facilities
  481  and services of such agencies. State agencies, local health
  482  councils, and other agencies under state contract shall assist
  483  the center in obtaining, compiling, and transferring health
  484  care-related data maintained by state and local agencies.
  485  Written agreements must specify the types, methods, and
  486  periodicity of data exchanges and specify the types of data that
  487  will be transferred to the center.
  488         (e) Establish by rule:
  489         1. The types of data collected, compiled, processed, used,
  490  or shared.
  491         2.Requirements for implementation of the consumer
  492  friendly, Internet-based platform created by the contracted
  493  vendor under paragraph (c).
  494         3.Requirements for the submission of data by insurers
  495  pursuant to s. 627.6385 and health maintenance organizations
  496  pursuant to s. 641.54 to the contracted vendor under paragraph
  497  (c).
  498         4.Requirements governing the collection of data by the
  499  contracted vendor under paragraph (c).
  500         5.How information is to be published on the consumer
  501  friendly, Internet-based platform created under paragraph (c)
  502  for public use. Decisions regarding center data sets should be
  503  made based on consultation with the State Consumer Health
  504  Information and Policy Advisory Council and other public and
  505  private users regarding the types of data which should be
  506  collected and their uses. The center shall establish
  507  standardized means for collecting health information and
  508  statistics under laws and rules administered by the agency.
  509         (f) Consult with contracted vendors, the State Consumer
  510  Health Information and Policy Advisory Council, and other public
  511  and private users regarding the types of data that should be
  512  collected and the use of such data.
  513         (g) Monitor data collection procedures and test data
  514  quality to facilitate the dissemination of data that is
  515  accurate, valid, reliable, and complete.
  516         (f) Establish minimum health-care-related data sets which
  517  are necessary on a continuing basis to fulfill the collection
  518  requirements of the center and which shall be used by state
  519  agencies in collecting and compiling health-care-related data.
  520  The agency shall periodically review ongoing health care data
  521  collections of the Department of Health and other state agencies
  522  to determine if the collections are being conducted in
  523  accordance with the established minimum sets of data.
  524         (g) Establish advisory standards to ensure the quality of
  525  health statistical and epidemiological data collection,
  526  processing, and analysis by local, state, and private
  527  organizations.
  528         (h) Prescribe standards for the publication of health-care
  529  related data reported pursuant to this section which ensure the
  530  reporting of accurate, valid, reliable, complete, and comparable
  531  data. Such standards should include advisory warnings to users
  532  of the data regarding the status and quality of any data
  533  reported by or available from the center.
  534         (h)(i)Develop Prescribe standards for the maintenance and
  535  preservation of the center’s data. This should include methods
  536  for archiving data, retrieval of archived data, and data editing
  537  and verification.
  538         (j) Ensure that strict quality control measures are
  539  maintained for the dissemination of data through publications,
  540  studies, or user requests.
  541         (i)(k)Make Develop, in conjunction with the State Consumer
  542  Health Information and Policy Advisory Council, and implement a
  543  long-range plan for making available health care quality
  544  measures and financial data that will allow consumers to compare
  545  outcomes and other performance measures for health care
  546  services. The health care quality measures and financial data
  547  the agency must make available include, but are not limited to,
  548  pharmaceuticals, physicians, health care facilities, and health
  549  plans and managed care entities. The agency shall update the
  550  plan and report on the status of its implementation annually.
  551  The agency shall also make the plan and status report available
  552  to the public on its Internet website. As part of the plan, the
  553  agency shall identify the process and timeframes for
  554  implementation, barriers to implementation, and recommendations
  555  of changes in the law that may be enacted by the Legislature to
  556  eliminate the barriers. As preliminary elements of the plan, the
  557  agency shall:
  558         1. Make available patient-safety indicators, inpatient
  559  quality indicators, and performance outcome and patient charge
  560  data collected from health care facilities pursuant to s.
  561  408.061(1)(a) and (2). The terms “patient-safety indicators” and
  562  “inpatient quality indicators” have the same meaning as that
  563  ascribed by the Centers for Medicare and Medicaid Services, an
  564  accrediting organization whose standards incorporate comparable
  565  regulations required by this state, or a national entity that
  566  establishes standards to measure the performance of health care
  567  providers, or by other states. The agency shall determine which
  568  conditions, procedures, health care quality measures, and
  569  patient charge data to disclose based upon input from the
  570  council. When determining which conditions and procedures are to
  571  be disclosed, the council and the agency shall consider
  572  variation in costs, variation in outcomes, and magnitude of
  573  variations and other relevant information. When determining
  574  which health care quality measures to disclose, the agency:
  575         a. Shall consider such factors as volume of cases; average
  576  patient charges; average length of stay; complication rates;
  577  mortality rates; and infection rates, among others, which shall
  578  be adjusted for case mix and severity, if applicable.
  579         b. May consider such additional measures that are adopted
  580  by the Centers for Medicare and Medicaid Studies, an accrediting
  581  organization whose standards incorporate comparable regulations
  582  required by this state, the National Quality Forum, the Joint
  583  Commission on Accreditation of Healthcare Organizations, the
  584  Agency for Healthcare Research and Quality, the Centers for
  585  Disease Control and Prevention, or a similar national entity
  586  that establishes standards to measure the performance of health
  587  care providers, or by other states.
  588  
  589  When determining which patient charge data to disclose, the
  590  agency shall include such measures as the average of
  591  undiscounted charges on frequently performed procedures and
  592  preventive diagnostic procedures, the range of procedure charges
  593  from highest to lowest, average net revenue per adjusted patient
  594  day, average cost per adjusted patient day, and average cost per
  595  admission, among others.
  596         2. Make available performance measures, benefit design, and
  597  premium cost data from health plans licensed pursuant to chapter
  598  627 or chapter 641. The agency shall determine which health care
  599  quality measures and member and subscriber cost data to
  600  disclose, based upon input from the council. When determining
  601  which data to disclose, the agency shall consider information
  602  that may be required by either individual or group purchasers to
  603  assess the value of the product, which may include membership
  604  satisfaction, quality of care, current enrollment or membership,
  605  coverage areas, accreditation status, premium costs, plan costs,
  606  premium increases, range of benefits, copayments and
  607  deductibles, accuracy and speed of claims payment, credentials
  608  of physicians, number of providers, names of network providers,
  609  and hospitals in the network. Health plans shall make available
  610  to the agency such data or information that is not currently
  611  reported to the agency or the office.
  612         3. Determine the method and format for public disclosure of
  613  data reported pursuant to this paragraph. The agency shall make
  614  its determination based upon input from the State Consumer
  615  Health Information and Policy Advisory Council. At a minimum,
  616  the data shall be made available on the agency’s Internet
  617  website in a manner that allows consumers to conduct an
  618  interactive search that allows them to view and compare the
  619  information for specific providers. The website must include
  620  such additional information as is determined necessary to ensure
  621  that the website enhances informed decisionmaking among
  622  consumers and health care purchasers, which shall include, at a
  623  minimum, appropriate guidance on how to use the data and an
  624  explanation of why the data may vary from provider to provider.
  625         4. Publish on its website undiscounted charges for no fewer
  626  than 150 of the most commonly performed adult and pediatric
  627  procedures, including outpatient, inpatient, diagnostic, and
  628  preventative procedures.
  629         (4) TECHNICAL ASSISTANCE.—
  630         (a) The center shall provide technical assistance to
  631  persons or organizations engaged in health planning activities
  632  in the effective use of statistics collected and compiled by the
  633  center. The center shall also provide the following additional
  634  technical assistance services:
  635         1. Establish procedures identifying the circumstances under
  636  which, the places at which, the persons from whom, and the
  637  methods by which a person may secure data from the center,
  638  including procedures governing requests, the ordering of
  639  requests, timeframes for handling requests, and other procedures
  640  necessary to facilitate the use of the center’s data. To the
  641  extent possible, the center should provide current data timely
  642  in response to requests from public or private agencies.
  643         2. Provide assistance to data sources and users in the
  644  areas of database design, survey design, sampling procedures,
  645  statistical interpretation, and data access to promote improved
  646  health-care-related data sets.
  647         3. Identify health care data gaps and provide technical
  648  assistance to other public or private organizations for meeting
  649  documented health care data needs.
  650         4. Assist other organizations in developing statistical
  651  abstracts of their data sets that could be used by the center.
  652         5. Provide statistical support to state agencies with
  653  regard to the use of databases maintained by the center.
  654         6. To the extent possible, respond to multiple requests for
  655  information not currently collected by the center or available
  656  from other sources by initiating data collection.
  657         7. Maintain detailed information on data maintained by
  658  other local, state, federal, and private agencies in order to
  659  advise those who use the center of potential sources of data
  660  which are requested but which are not available from the center.
  661         8. Respond to requests for data which are not available in
  662  published form by initiating special computer runs on data sets
  663  available to the center.
  664         9. Monitor innovations in health information technology,
  665  informatics, and the exchange of health information and maintain
  666  a repository of technical resources to support the development
  667  of a health information network.
  668         (b) The agency shall administer, manage, and monitor grants
  669  to not-for-profit organizations, regional health information
  670  organizations, public health departments, or state agencies that
  671  submit proposals for planning, implementation, or training
  672  projects to advance the development of a health information
  673  network. Any grant contract shall be evaluated to ensure the
  674  effective outcome of the health information project.
  675         (c) The agency shall initiate, oversee, manage, and
  676  evaluate the integration of health care data from each state
  677  agency that collects, stores, and reports on health care issues
  678  and make that data available to any health care practitioner
  679  through a state health information network.
  680         (5) PUBLICATIONS; REPORTS; SPECIAL STUDIES.—The center
  681  shall provide for the widespread dissemination of data which it
  682  collects and analyzes. The center shall have the following
  683  publication, reporting, and special study functions:
  684         (a) The center shall publish and make available
  685  periodically to agencies and individuals health statistics
  686  publications of general interest, including health plan consumer
  687  reports and health maintenance organization member satisfaction
  688  surveys; publications providing health statistics on topical
  689  health policy issues; publications that provide health status
  690  profiles of the people in this state; and other topical health
  691  statistics publications.
  692         (j)(b)The center shall publish, Make available, and
  693  disseminate, promptly and as widely as practicable, the results
  694  of special health surveys, health care research, and health care
  695  evaluations conducted or supported under this section. Any
  696  publication by the center must include a statement of the
  697  limitations on the quality, accuracy, and completeness of the
  698  data.
  699         (c) The center shall provide indexing, abstracting,
  700  translation, publication, and other services leading to a more
  701  effective and timely dissemination of health care statistics.
  702         (d) The center shall be responsible for publishing and
  703  disseminating an annual report on the center’s activities.
  704         (e) The center shall be responsible, to the extent
  705  resources are available, for conducting a variety of special
  706  studies and surveys to expand the health care information and
  707  statistics available for health policy analyses, particularly
  708  for the review of public policy issues. The center shall develop
  709  a process by which users of the center’s data are periodically
  710  surveyed regarding critical data needs and the results of the
  711  survey considered in determining which special surveys or
  712  studies will be conducted. The center shall select problems in
  713  health care for research, policy analyses, or special data
  714  collections on the basis of their local, regional, or state
  715  importance; the unique potential for definitive research on the
  716  problem; and opportunities for application of the study
  717  findings.
  718         (4)(6) PROVIDER DATA REPORTING.—This section does not
  719  confer on the agency the power to demand or require that a
  720  health care provider or professional furnish information,
  721  records of interviews, written reports, statements, notes,
  722  memoranda, or data other than as expressly required by law. The
  723  agency may not establish an all-payor claims database or a
  724  comparable database without express legislative authority.
  725         (5)(7) BUDGET; FEES.—
  726         (a) The Legislature intends that funding for the Florida
  727  Center for Health Information and Policy Analysis be
  728  appropriated from the General Revenue Fund.
  729         (b) The Florida Center for Health Information and
  730  Transparency Policy Analysis may apply for and receive and
  731  accept grants, gifts, and other payments, including property and
  732  services, from any governmental or other public or private
  733  entity or person and make arrangements as to the use of same,
  734  including the undertaking of special studies and other projects
  735  relating to health-care-related topics. Funds obtained pursuant
  736  to this paragraph may not be used to offset annual
  737  appropriations from the General Revenue Fund.
  738         (b)(c) The center may charge such reasonable fees for
  739  services as the agency prescribes by rule. The established fees
  740  may not exceed the reasonable cost for such services. Fees
  741  collected may not be used to offset annual appropriations from
  742  the General Revenue Fund.
  743         (6)(8) STATE CONSUMER HEALTH INFORMATION AND POLICY
  744  ADVISORY COUNCIL.—
  745         (a) There is established in the agency the State Consumer
  746  Health Information and Policy Advisory Council to assist the
  747  center in reviewing the comprehensive health information system,
  748  including the identification, collection, standardization,
  749  sharing, and coordination of health-related data, fraud and
  750  abuse data, and professional and facility licensing data among
  751  federal, state, local, and private entities and to recommend
  752  improvements for purposes of public health, policy analysis, and
  753  transparency of consumer health care information. The council
  754  consists shall consist of the following members:
  755         1. An employee of the Executive Office of the Governor, to
  756  be appointed by the Governor.
  757         2. An employee of the Office of Insurance Regulation, to be
  758  appointed by the director of the office.
  759         3. An employee of the Department of Education, to be
  760  appointed by the Commissioner of Education.
  761         4. Ten persons, to be appointed by the Secretary of Health
  762  Care Administration, representing other state and local
  763  agencies, state universities, business and health coalitions,
  764  local health councils, professional health-care-related
  765  associations, consumers, and purchasers.
  766         (b) Each member of the council shall be appointed to serve
  767  for a term of 2 years following the date of appointment, except
  768  the term of appointment shall end 3 years following the date of
  769  appointment for members appointed in 2003, 2004, and 2005. A
  770  vacancy shall be filled by appointment for the remainder of the
  771  term, and each appointing authority retains the right to
  772  reappoint members whose terms of appointment have expired.
  773         (c) The council may meet at the call of its chair, at the
  774  request of the agency, or at the request of a majority of its
  775  membership, but the council must meet at least quarterly.
  776         (d) Members shall elect a chair and vice chair annually.
  777         (e) A majority of the members constitutes a quorum, and the
  778  affirmative vote of a majority of a quorum is necessary to take
  779  action.
  780         (f) The council shall maintain minutes of each meeting and
  781  shall make such minutes available to any person.
  782         (g) Members of the council shall serve without compensation
  783  but shall be entitled to receive reimbursement for per diem and
  784  travel expenses as provided in s. 112.061.
  785         (h) The council’s duties and responsibilities include, but
  786  are not limited to, the following:
  787         1. To develop a mission statement, goals, and a plan of
  788  action for the identification, collection, standardization,
  789  sharing, and coordination of health-related data across federal,
  790  state, and local government and private sector entities.
  791         2. To develop a review process to ensure cooperative
  792  planning among agencies that collect or maintain health-related
  793  data.
  794         3. To create ad hoc issue-oriented technical workgroups on
  795  an as-needed basis to make recommendations to the council.
  796         (7)(9) APPLICATION TO OTHER AGENCIES.—Nothing in This
  797  section does not shall limit, restrict, affect, or control the
  798  collection, analysis, release, or publication of data by any
  799  state agency pursuant to its statutory authority, duties, or
  800  responsibilities.
  801         Section 7. Subsection (1) of section 408.061, Florida
  802  Statutes, is amended to read:
  803         408.061 Data collection; uniform systems of financial
  804  reporting; information relating to physician charges;
  805  confidential information; immunity.—
  806         (1) The agency shall require the submission by health care
  807  facilities, health care providers, and health insurers of data
  808  necessary to carry out the agency’s duties and to facilitate
  809  transparency in health care pricing data and quality measures.
  810  Specifications for data to be collected under this section shall
  811  be developed by the agency and applicable contract vendors, with
  812  the assistance of technical advisory panels including
  813  representatives of affected entities, consumers, purchasers, and
  814  such other interested parties as may be determined by the
  815  agency.
  816         (a) Data submitted by health care facilities, including the
  817  facilities as defined in chapter 395, shall include, but are not
  818  limited to: case-mix data, patient admission and discharge data,
  819  hospital emergency department data which shall include the
  820  number of patients treated in the emergency department of a
  821  licensed hospital reported by patient acuity level, data on
  822  hospital-acquired infections as specified by rule, data on
  823  complications as specified by rule, data on readmissions as
  824  specified by rule, with patient and provider-specific
  825  identifiers included, actual charge data by diagnostic groups or
  826  other bundled groupings as specified by rule, financial data,
  827  accounting data, operating expenses, expenses incurred for
  828  rendering services to patients who cannot or do not pay,
  829  interest charges, depreciation expenses based on the expected
  830  useful life of the property and equipment involved, and
  831  demographic data. The agency shall adopt nationally recognized
  832  risk adjustment methodologies or software consistent with the
  833  standards of the Agency for Healthcare Research and Quality and
  834  as selected by the agency for all data submitted as required by
  835  this section. Data may be obtained from documents such as, but
  836  not limited to: leases, contracts, debt instruments, itemized
  837  patient statements or bills, medical record abstracts, and
  838  related diagnostic information. Reported data elements shall be
  839  reported electronically in accordance with rule 59E-7.012,
  840  Florida Administrative Code. Data submitted shall be certified
  841  by the chief executive officer or an appropriate and duly
  842  authorized representative or employee of the licensed facility
  843  that the information submitted is true and accurate.
  844         (b) Data to be submitted by health care providers may
  845  include, but are not limited to: professional organization and
  846  specialty board affiliations, Medicare and Medicaid
  847  participation, types of services offered to patients, actual
  848  charges to patients as specified by rule, amount of revenue and
  849  expenses of the health care provider, and such other data which
  850  are reasonably necessary to study utilization patterns. Data
  851  submitted shall be certified by the appropriate duly authorized
  852  representative or employee of the health care provider that the
  853  information submitted is true and accurate.
  854         (c) Data to be submitted by health insurers may include,
  855  but are not limited to: claims, payments to health care
  856  facilities and health care providers as specified by rule,
  857  premium, administration, and financial information. Data
  858  submitted shall be certified by the chief financial officer, an
  859  appropriate and duly authorized representative, or an employee
  860  of the insurer that the information submitted is true and
  861  accurate. Information that is considered a trade secret under s.
  862  812.081 shall be clearly designated.
  863         (d) Data required to be submitted by health care
  864  facilities, health care providers, or health insurers may shall
  865  not include specific provider contract reimbursement
  866  information. However, such specific provider reimbursement data
  867  shall be reasonably available for onsite inspection by the
  868  agency as is necessary to carry out the agency’s regulatory
  869  duties. Any such data obtained by the agency as a result of
  870  onsite inspections may not be used by the state for purposes of
  871  direct provider contracting and are confidential and exempt from
  872  the provisions of s. 119.07(1) and s. 24(a), Art. I of the State
  873  Constitution.
  874         (e) A requirement to submit data shall be adopted by rule
  875  if the submission of data is being required of all members of
  876  any type of health care facility, health care provider, or
  877  health insurer. Rules are not required, however, for the
  878  submission of data for a special study mandated by the
  879  Legislature or when information is being requested for a single
  880  health care facility, health care provider, or health insurer.
  881         Section 8. Section 456.0575, Florida Statutes, is amended
  882  to read:
  883         456.0575 Duty to notify patients.—
  884         (1) Every licensed health care practitioner shall inform
  885  each patient, or an individual identified pursuant to s.
  886  765.401(1), in person about adverse incidents that result in
  887  serious harm to the patient. Notification of outcomes of care
  888  that result in harm to the patient under this section does shall
  889  not constitute an acknowledgment of admission of liability, nor
  890  can such notifications be introduced as evidence.
  891         (2) Every licensed health care practitioner must provide
  892  upon request by a patient, before providing any nonemergency
  893  medical services in a facility licensed under chapter 395, a
  894  written, good faith estimate of reasonably anticipated charges
  895  to treat the patient’s condition at the facility. The health
  896  care practitioner must provide the estimate to the patient
  897  within 7 business days after receiving the request and is not
  898  required to adjust the estimate for any potential insurance
  899  coverage. The health care practitioner must inform the patient
  900  that he or she may contact his or her health insurer or health
  901  maintenance organization for additional information concerning
  902  cost-sharing responsibilities. The health care practitioner must
  903  provide information to uninsured patients and insured patients
  904  for whom the practitioner is not a network provider or preferred
  905  provider which discloses the practitioner’s financial assistance
  906  policy, including the application process, payment plans,
  907  discounts, or other available assistance, and the practitioner’s
  908  charity care policy and collection procedures. Such estimate
  909  does not preclude the actual charges from exceeding the
  910  estimate. Failure to provide the estimate in accordance with
  911  this subsection, without good cause, shall result in
  912  disciplinary action against the health care practitioner and a
  913  daily fine of $500 until the estimate is provided to the
  914  patient. The total fine may not exceed $5,000.
  915         Section 9. Paragraph (oo) is added to subsection (1) of
  916  section 456.072, Florida Statutes, to read:
  917         456.072 Grounds for discipline; penalties; enforcement.—
  918         (1) The following acts shall constitute grounds for which
  919  the disciplinary actions specified in subsection (2) may be
  920  taken:
  921         (oo) Failure to comply with fair billing practices pursuant
  922  to s. 627.0613(6).
  923         Section 10. Section 627.0613, Florida Statutes, is amended
  924  to read:
  925         627.0613 Consumer advocate.—The Chief Financial Officer
  926  must appoint a consumer advocate who must represent the general
  927  public of the state before the department, and the office, and
  928  other state agencies, as required by this section. The consumer
  929  advocate must report directly to the Chief Financial Officer,
  930  but is not otherwise under the authority of the department or of
  931  any employee of the department. The consumer advocate has such
  932  powers as are necessary to carry out the duties of the office of
  933  consumer advocate, including, but not limited to, the powers to:
  934         (1) Recommend to the department or office, by petition, the
  935  commencement of any proceeding or action; appear in any
  936  proceeding or action before the department or office; or appear
  937  in any proceeding before the Division of Administrative Hearings
  938  relating to subject matter under the jurisdiction of the
  939  department or office.
  940         (2) Report to the Agency for Health Care Administration and
  941  to the Department of Health any findings resulting from
  942  investigation of unresolved complaints concerning the billing
  943  practices of any health care facility licensed under chapter 395
  944  or any health care practitioner subject to chapter 456.
  945         (3)(2) Have access to and use of all files, records, and
  946  data of the department or office.
  947         (4) Have access to any files, records, and data of the
  948  Agency for Health Care Administration and the Department of
  949  Health which are necessary for the investigations authorized by
  950  subsection (6).
  951         (5)(3) Examine rate and form filings submitted to the
  952  office, hire consultants as necessary to aid in the review
  953  process, and recommend to the department or office any position
  954  deemed by the consumer advocate to be in the public interest.
  955         (6) Maintain a process for receiving and investigating
  956  complaints from insured and uninsured patients of health care
  957  facilities licensed under chapter 395 and health care
  958  practitioners subject to chapter 456 concerning billing
  959  practices. Investigations by the office of the consumer advocate
  960  shall be limited to determining compliance with the following
  961  requirements:
  962         (a) The patient was informed before a nonemergency
  963  procedure of expected payments related to the procedure as
  964  provided in s. 395.301, contact information for health insurers
  965  or health maintenance organizations to determine specific cost
  966  sharing responsibilities, and the expected involvement in the
  967  procedure of other providers who may bill independently.
  968         (b) The patient was informed of policies and procedures to
  969  qualify for discounted charges.
  970         (c) The patient was informed of collection procedures and
  971  given the opportunity to participate in an extended payment
  972  schedule.
  973         (d) The patient was given a written, personal, and itemized
  974  estimate upon request as provided in ss. 395.301 and 456.0575.
  975         (e) The statement or bill delivered to the patient was
  976  accurate and included all information required pursuant to s.
  977  395.301.
  978         (f) The billed amounts were fair charges. As used in this
  979  paragraph, the term “fair charges” means the common and frequent
  980  range of charges for patients who are similarly situated
  981  requiring the same or similar medical services.
  982         (7) Provide mediation between providers and patients to
  983  resolve billing complaints and negotiate arrangements for
  984  extended payment schedules.
  985         (8)(4) Prepare an annual budget for presentation to the
  986  Legislature by the department, which budget must be adequate to
  987  carry out the duties of the office of consumer advocate.
  988         Section 11. Section 627.6385, Florida Statutes, is created
  989  to read:
  990         627.6385 Disclosures to policyholders; calculations of cost
  991  sharing.—
  992         (1) Each health insurer shall make available on its
  993  website:
  994         (a) A method for policyholders to estimate their
  995  copayments, deductibles, and other cost-sharing responsibilities
  996  for health care services and procedures. Such method of making
  997  an estimate shall be based on service bundles established
  998  pursuant to s. 408.05(3)(c). Estimates do not preclude the
  999  actual copayment, coinsurance percentage, or deductible,
 1000  whichever is applicable, from exceeding the estimate.
 1001         1. Estimates shall be calculated according to the policy
 1002  and known plan usage during the coverage period.
 1003         2. Estimates shall be made available based on providers
 1004  that are in-network and out-of-network.
 1005         3. A policyholder must be able to create estimates by any
 1006  combination of the service bundles established pursuant to s.
 1007  408.05(3)(c), by a specified provider, or a comparison of
 1008  providers.
 1009         (b) A method for policyholders to estimate their
 1010  copayments, deductibles, and other cost-sharing responsibilities
 1011  based on a personalized estimate of charges received from a
 1012  facility pursuant to s. 395.301 or a practitioner pursuant to s.
 1013  456.0575.
 1014         (c) A hyperlink to the health information, including, but
 1015  not limited to, service bundles and quality of care information,
 1016  which is disseminated by the Agency for Health Care
 1017  Administration pursuant to s. 408.05(3).
 1018         (2) Each health insurer shall include in every policy
 1019  delivered or issued for delivery to any person in the state or
 1020  in materials provided as required by s. 627.64725 notice that
 1021  the information required by this section is available
 1022  electronically and the address of the website where the
 1023  information can be accessed.
 1024         (3) Each health insurer that participates in the state
 1025  group health insurance plan created under s. 110.123 or Medicaid
 1026  managed care pursuant to part IV of chapter 409 shall contribute
 1027  all claims data from Florida policyholders held by the insurer
 1028  and its affiliates to the contracted vendor selected by the
 1029  Agency for Health Care Administration under s. 408.05(3)(c).
 1030  Each insurer and its affiliates may not contribute claims data
 1031  to the contracted vendor which reflect the following types of
 1032  coverage:
 1033         (a)Coverage only for accident, or disability income
 1034  insurance, or any combination thereof.
 1035         (b)Coverage issued as a supplement to liability insurance.
 1036         (c)Liability insurance, including general liability
 1037  insurance and automobile liability insurance.
 1038         (d)Workers’ compensation or similar insurance.
 1039         (e)Automobile medical payment insurance.
 1040         (f)Credit-only insurance.
 1041         (g)Coverage for onsite medical clinics, including prepaid
 1042  health clinics under part II of chapter 641.
 1043         (h)Limited scope dental or vision benefits.
 1044         (i)Benefits for long-term care, nursing home care, home
 1045  health care, community-based care, or any combination thereof.
 1046         (j) Coverage only for a specified disease or illness.
 1047         (k) Hospital indemnity or other fixed indemnity insurance.
 1048         (l) Medicare supplemental health insurance as defined under
 1049  s. 1882(g)(1) of the Social Security Act, coverage supplemental
 1050  to the coverage provided under chapter 55 of Title 10 U.S.C.,
 1051  and similar supplemental coverage provided to supplement
 1052  coverage under a group health plan.
 1053         Section 12. Subsection (6) of section 641.54, Florida
 1054  Statutes, is amended, present subsection (7) of that section is
 1055  redesignated as subsection (8) and amended, and a new subsection
 1056  (7) is added to that section, to read:
 1057         641.54 Information disclosure.—
 1058         (6) Each health maintenance organization shall make
 1059  available to its subscribers on its website or by request the
 1060  estimated copayment copay, coinsurance percentage, or
 1061  deductible, whichever is applicable, for any covered services as
 1062  described by the searchable bundles established on a consumer
 1063  friendly, Internet-based platform pursuant to s. 408.05(3)(c) or
 1064  as described by a personalized estimate received from a facility
 1065  pursuant to s. 395.301 or a practitioner pursuant to s.
 1066  456.0575, the status of the subscriber’s maximum annual out-of
 1067  pocket payments for a covered individual or family, and the
 1068  status of the subscriber’s maximum lifetime benefit. Such
 1069  estimate does shall not preclude the actual copayment copay,
 1070  coinsurance percentage, or deductible, whichever is applicable,
 1071  from exceeding the estimate.
 1072         (7) Each health maintenance organization that participates
 1073  in the state group health insurance plan created under s.
 1074  110.123 or Medicaid managed care pursuant to part IV of chapter
 1075  409 shall contribute all claims data from Florida subscribers
 1076  held by the organization and its affiliates to the contracted
 1077  vendor selected by the Agency for Health Care Administration
 1078  under s. 408.05(3)(c). Each health maintenance organization and
 1079  its affiliates may not contribute claims data to the contracted
 1080  vendor which reflect the following types of coverage:
 1081         (a)Coverage only for accident, or disability income
 1082  insurance, or any combination thereof.
 1083         (b)Coverage issued as a supplement to liability insurance.
 1084         (c)Liability insurance, including general liability
 1085  insurance and automobile liability insurance.
 1086         (d)Workers’ compensation or similar insurance.
 1087         (e)Automobile medical payment insurance.
 1088         (f)Credit-only insurance.
 1089         (g)Coverage for onsite medical clinics, including prepaid
 1090  health clinics under part II of chapter 641.
 1091         (h)Limited scope dental or vision benefits.
 1092         (i)Benefits for long-term care, nursing home care, home
 1093  health care, community-based care, or any combination thereof.
 1094         (j) Coverage only for a specified disease or illness.
 1095         (k) Hospital indemnity or other fixed indemnity insurance.
 1096         (l) Medicare supplemental health insurance as defined under
 1097  s. 1882(g)(1) of the Social Security Act, coverage supplemental
 1098  to the coverage provided under chapter 55 of Title 10 U.S.C.,
 1099  and similar supplemental coverage provided to supplement
 1100  coverage under a group health plan.
 1101         (8)(7) Each health maintenance organization shall make
 1102  available on its Internet website a hyperlink link to the health
 1103  information performance outcome and financial data that is
 1104  disseminated published by the Agency for Health Care
 1105  Administration pursuant to s. 408.05(3) s. 408.05(3)(k) and
 1106  shall include in every policy delivered or issued for delivery
 1107  to any person in the state or in any materials provided as
 1108  required by s. 627.64725 notice that such information is
 1109  available electronically and the address of its Internet
 1110  website.
 1111         Section 13. Paragraph (n) is added to subsection (2) of
 1112  section 409.967, Florida Statutes, to read:
 1113         409.967 Managed care plan accountability.—
 1114         (2) The agency shall establish such contract requirements
 1115  as are necessary for the operation of the statewide managed care
 1116  program. In addition to any other provisions the agency may deem
 1117  necessary, the contract must require:
 1118         (n) Transparency.—Managed care plans shall comply with ss.
 1119  627.6385(3) and 641.54(7).
 1120         Section 14. Paragraph (d) of subsection (3) of section
 1121  110.123, Florida Statutes, is amended to read:
 1122         110.123 State group insurance program.—
 1123         (3) STATE GROUP INSURANCE PROGRAM.—
 1124         (d)1. Notwithstanding the provisions of chapter 287 and the
 1125  authority of the department, for the purpose of protecting the
 1126  health of, and providing medical services to, state employees
 1127  participating in the state group insurance program, the
 1128  department may contract to retain the services of professional
 1129  administrators for the state group insurance program. The agency
 1130  shall follow good purchasing practices of state procurement to
 1131  the extent practicable under the circumstances.
 1132         2. Each vendor in a major procurement, and any other vendor
 1133  if the department deems it necessary to protect the state’s
 1134  financial interests, shall, at the time of executing any
 1135  contract with the department, post an appropriate bond with the
 1136  department in an amount determined by the department to be
 1137  adequate to protect the state’s interests but not higher than
 1138  the full amount estimated to be paid annually to the vendor
 1139  under the contract.
 1140         3. Each major contract entered into by the department
 1141  pursuant to this section shall contain a provision for payment
 1142  of liquidated damages to the department for material
 1143  noncompliance by a vendor with a contract provision. The
 1144  department may require a liquidated damages provision in any
 1145  contract if the department deems it necessary to protect the
 1146  state’s financial interests.
 1147         4. Section The provisions of s. 120.57(3) applies apply to
 1148  the department’s contracting process, except:
 1149         a. A formal written protest of any decision, intended
 1150  decision, or other action subject to protest shall be filed
 1151  within 72 hours after receipt of notice of the decision,
 1152  intended decision, or other action.
 1153         b. As an alternative to any provision of s. 120.57(3), the
 1154  department may proceed with the bid selection or contract award
 1155  process if the director of the department sets forth, in
 1156  writing, particular facts and circumstances that which
 1157  demonstrate the necessity of continuing the procurement process
 1158  or the contract award process in order to avoid a substantial
 1159  disruption to the provision of any scheduled insurance services.
 1160         5. The department shall make arrangements as necessary to
 1161  contribute claims data of the state group health insurance plan
 1162  to the contracted vendor selected by the Agency for Health Care
 1163  Administration pursuant to s. 408.05(3)(c).
 1164         6. Each contracted vendor for the state group health
 1165  insurance plan shall contribute Florida claims data to the
 1166  contracted vendor selected by the Agency for Health Care
 1167  Administration pursuant to s. 408.05(3)(c).
 1168         Section 15. Subsection (3) of section 20.42, Florida
 1169  Statutes, is amended to read:
 1170         20.42 Agency for Health Care Administration.—
 1171         (3) The department shall be the chief health policy and
 1172  planning entity for the state. The department is responsible for
 1173  health facility licensure, inspection, and regulatory
 1174  enforcement; investigation of consumer complaints related to
 1175  health care facilities and managed care plans; the
 1176  implementation of the certificate of need program; the operation
 1177  of the Florida Center for Health Information and Transparency
 1178  Policy Analysis; the administration of the Medicaid program; the
 1179  administration of the contracts with the Florida Healthy Kids
 1180  Corporation; the certification of health maintenance
 1181  organizations and prepaid health clinics as set forth in part
 1182  III of chapter 641; and any other duties prescribed by statute
 1183  or agreement.
 1184         Section 16. Paragraph (c) of subsection (4) of section
 1185  381.026, Florida Statutes, is amended to read:
 1186         381.026 Florida Patient’s Bill of Rights and
 1187  Responsibilities.—
 1188         (4) RIGHTS OF PATIENTS.—Each health care facility or
 1189  provider shall observe the following standards:
 1190         (c) Financial information and disclosure.—
 1191         1. A patient has the right to be given, upon request, by
 1192  the responsible provider, his or her designee, or a
 1193  representative of the health care facility full information and
 1194  necessary counseling on the availability of known financial
 1195  resources for the patient’s health care.
 1196         2. A health care provider or a health care facility shall,
 1197  upon request, disclose to each patient who is eligible for
 1198  Medicare, before treatment, whether the health care provider or
 1199  the health care facility in which the patient is receiving
 1200  medical services accepts assignment under Medicare reimbursement
 1201  as payment in full for medical services and treatment rendered
 1202  in the health care provider’s office or health care facility.
 1203         3. A primary care provider may publish a schedule of
 1204  charges for the medical services that the provider offers to
 1205  patients. The schedule must include the prices charged to an
 1206  uninsured person paying for such services by cash, check, credit
 1207  card, or debit card. The schedule must be posted in a
 1208  conspicuous place in the reception area of the provider’s office
 1209  and must include, but is not limited to, the 50 services most
 1210  frequently provided by the primary care provider. The schedule
 1211  may group services by three price levels, listing services in
 1212  each price level. The posting must be at least 15 square feet in
 1213  size. A primary care provider who publishes and maintains a
 1214  schedule of charges for medical services is exempt from the
 1215  license fee requirements for a single period of renewal of a
 1216  professional license under chapter 456 for that licensure term
 1217  and is exempt from the continuing education requirements of
 1218  chapter 456 and the rules implementing those requirements for a
 1219  single 2-year period.
 1220         4. If a primary care provider publishes a schedule of
 1221  charges pursuant to subparagraph 3., he or she must continually
 1222  post it at all times for the duration of active licensure in
 1223  this state when primary care services are provided to patients.
 1224  If a primary care provider fails to post the schedule of charges
 1225  in accordance with this subparagraph, the provider shall be
 1226  required to pay any license fee and comply with any continuing
 1227  education requirements for which an exemption was received.
 1228         5. A health care provider or a health care facility shall,
 1229  upon request, furnish a person, before the provision of medical
 1230  services, a reasonable estimate of charges for such services.
 1231  The health care provider or the health care facility shall
 1232  provide an uninsured person, before the provision of a planned
 1233  nonemergency medical service, a reasonable estimate of charges
 1234  for such service and information regarding the provider’s or
 1235  facility’s discount or charity policies for which the uninsured
 1236  person may be eligible. Such estimates by a primary care
 1237  provider must be consistent with the schedule posted under
 1238  subparagraph 3. Estimates shall, to the extent possible, be
 1239  written in language comprehensible to an ordinary layperson.
 1240  Such reasonable estimate does not preclude the health care
 1241  provider or health care facility from exceeding the estimate or
 1242  making additional charges based on changes in the patient’s
 1243  condition or treatment needs.
 1244         6. Each licensed facility, except a facility operating
 1245  exclusively as a state facility, not operated by the state shall
 1246  make available to the public on its Internet website or by other
 1247  electronic means a description of and a hyperlink link to the
 1248  health information performance outcome and financial data that
 1249  is disseminated published by the agency pursuant to s. 408.05(3)
 1250  s. 408.05(3)(k). The facility shall place a notice in the
 1251  reception area that such information is available electronically
 1252  and the website address. The licensed facility may indicate that
 1253  the pricing information is based on a compilation of charges for
 1254  the average patient and that each patient’s statement or bill
 1255  may vary from the average depending upon the severity of illness
 1256  and individual resources consumed. The licensed facility may
 1257  also indicate that the price of service is negotiable for
 1258  eligible patients based upon the patient’s ability to pay.
 1259         7. A patient has the right to receive a copy of an itemized
 1260  statement or bill upon request. A patient has a right to be
 1261  given an explanation of charges upon request.
 1262         Section 17. Paragraph (e) of subsection (2) of section
 1263  395.602, Florida Statutes, is amended to read:
 1264         395.602 Rural hospitals.—
 1265         (2) DEFINITIONS.—As used in this part, the term:
 1266         (e) “Rural hospital” means an acute care hospital licensed
 1267  under this chapter, having 100 or fewer licensed beds and an
 1268  emergency room, which is:
 1269         1. The sole provider within a county with a population
 1270  density of up to 100 persons per square mile;
 1271         2. An acute care hospital, in a county with a population
 1272  density of up to 100 persons per square mile, which is at least
 1273  30 minutes of travel time, on normally traveled roads under
 1274  normal traffic conditions, from any other acute care hospital
 1275  within the same county;
 1276         3. A hospital supported by a tax district or subdistrict
 1277  whose boundaries encompass a population of up to 100 persons per
 1278  square mile;
 1279         4. A hospital with a service area that has a population of
 1280  up to 100 persons per square mile. As used in this subparagraph,
 1281  the term “service area” means the fewest number of zip codes
 1282  that account for 75 percent of the hospital’s discharges for the
 1283  most recent 5-year period, based on information available from
 1284  the hospital inpatient discharge database in the Florida Center
 1285  for Health Information and Transparency Policy Analysis at the
 1286  agency; or
 1287         5. A hospital designated as a critical access hospital, as
 1288  defined in s. 408.07.
 1289  
 1290  Population densities used in this paragraph must be based upon
 1291  the most recently completed United States census. A hospital
 1292  that received funds under s. 409.9116 for a quarter beginning no
 1293  later than July 1, 2002, is deemed to have been and shall
 1294  continue to be a rural hospital from that date through June 30,
 1295  2021, if the hospital continues to have up to 100 licensed beds
 1296  and an emergency room. An acute care hospital that has not
 1297  previously been designated as a rural hospital and that meets
 1298  the criteria of this paragraph shall be granted such designation
 1299  upon application, including supporting documentation, to the
 1300  agency. A hospital that was licensed as a rural hospital during
 1301  the 2010-2011 or 2011-2012 fiscal year shall continue to be a
 1302  rural hospital from the date of designation through June 30,
 1303  2021, if the hospital continues to have up to 100 licensed beds
 1304  and an emergency room.
 1305         Section 18. Section 395.6025, Florida Statutes, is amended
 1306  to read:
 1307         395.6025 Rural hospital replacement facilities.
 1308  Notwithstanding the provisions of s. 408.036, a hospital defined
 1309  as a statutory rural hospital in accordance with s. 395.602, or
 1310  a not-for-profit operator of rural hospitals, is not required to
 1311  obtain a certificate of need for the construction of a new
 1312  hospital located in a county with a population of at least
 1313  15,000 but no more than 18,000 and a density of fewer less than
 1314  30 persons per square mile, or a replacement facility, provided
 1315  that the replacement, or new, facility is located within 10
 1316  miles of the site of the currently licensed rural hospital and
 1317  within the current primary service area. As used in this
 1318  section, the term “service area” means the fewest number of zip
 1319  codes that account for 75 percent of the hospital’s discharges
 1320  for the most recent 5-year period, based on information
 1321  available from the hospital inpatient discharge database in the
 1322  Florida Center for Health Information and Transparency Policy
 1323  Analysis at the Agency for Health Care Administration.
 1324         Section 19. Subsection (43) of section 408.07, Florida
 1325  Statutes, is amended to read:
 1326         408.07 Definitions.—As used in this chapter, with the
 1327  exception of ss. 408.031-408.045, the term:
 1328         (43) “Rural hospital” means an acute care hospital licensed
 1329  under chapter 395, having 100 or fewer licensed beds and an
 1330  emergency room, and which is:
 1331         (a) The sole provider within a county with a population
 1332  density of no greater than 100 persons per square mile;
 1333         (b) An acute care hospital, in a county with a population
 1334  density of no greater than 100 persons per square mile, which is
 1335  at least 30 minutes of travel time, on normally traveled roads
 1336  under normal traffic conditions, from another acute care
 1337  hospital within the same county;
 1338         (c) A hospital supported by a tax district or subdistrict
 1339  whose boundaries encompass a population of 100 persons or fewer
 1340  per square mile;
 1341         (d) A hospital with a service area that has a population of
 1342  100 persons or fewer per square mile. As used in this paragraph,
 1343  the term “service area” means the fewest number of zip codes
 1344  that account for 75 percent of the hospital’s discharges for the
 1345  most recent 5-year period, based on information available from
 1346  the hospital inpatient discharge database in the Florida Center
 1347  for Health Information and Transparency Policy Analysis at the
 1348  Agency for Health Care Administration; or
 1349         (e) A critical access hospital.
 1350  
 1351  Population densities used in this subsection must be based upon
 1352  the most recently completed United States census. A hospital
 1353  that received funds under s. 409.9116 for a quarter beginning no
 1354  later than July 1, 2002, is deemed to have been and shall
 1355  continue to be a rural hospital from that date through June 30,
 1356  2015, if the hospital continues to have 100 or fewer licensed
 1357  beds and an emergency room. An acute care hospital that has not
 1358  previously been designated as a rural hospital and that meets
 1359  the criteria of this subsection shall be granted such
 1360  designation upon application, including supporting
 1361  documentation, to the Agency for Health Care Administration.
 1362         Section 20. Paragraph (a) of subsection (4) of section
 1363  408.18, Florida Statutes, is amended to read:
 1364         408.18 Health Care Community Antitrust Guidance Act;
 1365  antitrust no-action letter; market-information collection and
 1366  education.—
 1367         (4)(a) Members of the health care community who seek
 1368  antitrust guidance may request a review of their proposed
 1369  business activity by the Attorney General’s office. In
 1370  conducting its review, the Attorney General’s office may seek
 1371  whatever documentation, data, or other material it deems
 1372  necessary from the Agency for Health Care Administration, the
 1373  Florida Center for Health Information and Transparency Policy
 1374  Analysis, and the Office of Insurance Regulation of the
 1375  Financial Services Commission.
 1376         Section 21. Section 465.0244, Florida Statutes, is amended
 1377  to read:
 1378         465.0244 Information disclosure.—Every pharmacy shall make
 1379  available on its Internet website a hyperlink link to the health
 1380  information performance outcome and financial data that is
 1381  disseminated published by the Agency for Health Care
 1382  Administration pursuant to s. 408.05(3) s. 408.05(3)(k) and
 1383  shall place in the area where customers receive filled
 1384  prescriptions notice that such information is available
 1385  electronically and the address of its Internet website.
 1386         Section 22. This act is intended to promote health care
 1387  price and quality transparency to enable consumers to make
 1388  informed choices on health care treatment and improve
 1389  competition in the health care market. Persons or entities
 1390  required to submit, receive, or publish data under this act are
 1391  acting pursuant to state requirements contained therein and are
 1392  exempt from state antitrust laws.
 1393         Section 23. This act shall take effect July 1, 2016.
 1394  
 1395  ================= T I T L E  A M E N D M E N T ================
 1396  And the title is amended as follows:
 1397         Delete everything before the enacting clause
 1398  and insert:
 1399                        A bill to be entitled                      
 1400         An act relating to transparency in health care;
 1401         amending s. 395.301, F.S.; requiring a facility
 1402         licensed under ch. 395, F.S., to provide timely and
 1403         accurate financial information and quality of service
 1404         measures to certain individuals; providing an
 1405         exemption; requiring a licensed facility to make
 1406         available on its website certain information on
 1407         payments made to that facility for defined bundles of
 1408         services and procedures and other information for
 1409         consumers and patients; requiring that facility
 1410         websites provide specified information and notify and
 1411         inform patients or prospective patients of certain
 1412         information; requiring a facility to provide a
 1413         written, good faith estimate of charges to a patient
 1414         or prospective patient within a certain timeframe;
 1415         requiring a facility to provide information regarding
 1416         financial assistance from the facility which may be
 1417         available to a patient or a prospective patient;
 1418         providing a penalty for failing to provide an estimate
 1419         of charges to a patient; deleting a requirement that a
 1420         licensed facility not operated by the state provide
 1421         notice to a patient of his or her right to an itemized
 1422         statement or bill within a certain timeframe; revising
 1423         the information that must be included on a patient’s
 1424         statement or bill; requiring that certain records be
 1425         made available through electronic means that comply
 1426         with a specified law; reducing the response time for
 1427         certain patient requests for information; amending s.
 1428         395.107, F.S.; providing a definition; making
 1429         technical changes; creating s. 395.3012, F.S.;
 1430         authorizing the Agency for Health Care Administration
 1431         to impose penalties based on certain findings of an
 1432         investigation as determined by the consumer advocate;
 1433         amending ss. 400.487 and 400.934, F.S.; requiring home
 1434         health agencies and home medical equipment providers
 1435         to provide upon request certain written estimates of
 1436         charges within a certain timeframe; amending s.
 1437         408.05, F.S.; revising requirements for the collection
 1438         and use of health-related data by the agency;
 1439         requiring the agency to contract with a vendor to
 1440         provide an Internet-based platform with certain
 1441         attributes; requiring potential vendors to have
 1442         certain qualifications; prohibiting the agency from
 1443         establishing a certain database under certain
 1444         circumstances; amending s. 408.061, F.S.; revising
 1445         requirements for the submission of health care data to
 1446         the agency; requiring submitted information considered
 1447         a trade secret to be clearly designated; amending s.
 1448         456.0575, F.S.; requiring a health care practitioner
 1449         to provide a patient upon his or her request a
 1450         written, good faith estimate of anticipated charges
 1451         within a certain timeframe; setting a maximum amount
 1452         for total fines assessed in certain disciplinary
 1453         actions; amending s. 456.072, F.S.; providing that the
 1454         failure to comply with fair billing practices by a
 1455         health care practitioner is grounds for disciplinary
 1456         action; amending s. 627.0613, F.S.; providing that the
 1457         consumer advocate must represent the general public
 1458         before other state agencies; authorizing the consumer
 1459         advocate to report findings relating to certain
 1460         investigations to the agency and the Department of
 1461         Health; authorizing the consumer advocate to have
 1462         access to files, records, and data of the agency and
 1463         the department necessary for certain investigations;
 1464         authorizing the consumer advocate to maintain a
 1465         process to receive and investigate complaints from
 1466         patients relating to compliance with certain billing
 1467         and notice requirements by licensed health care
 1468         facilities and practitioners; defining a term;
 1469         authorizing the consumer advocate to provide mediation
 1470         between providers and consumers relating to certain
 1471         matters; creating s. 627.6385, F.S.; requiring a
 1472         health insurer to make available on its website
 1473         certain methods that a policyholder can use to make
 1474         estimates of certain costs and charges; providing that
 1475         an estimate does not preclude an actual cost from
 1476         exceeding the estimate; requiring a health insurer to
 1477         make available on its website a hyperlink to certain
 1478         health information; requiring a health insurer to
 1479         include certain notice; requiring a health insurer
 1480         that participates in the state group health insurance
 1481         plan or Medicaid managed care to provide all claims
 1482         data to a contracted vendor selected by the agency;
 1483         excluding from the contributed claims data certain
 1484         types of coverage; amending s. 641.54, F.S.; revising
 1485         a requirement that a health maintenance organization
 1486         make certain information available to its subscribers;
 1487         requiring a health maintenance organization that
 1488         participates in the state group health insurance plan
 1489         or Medicaid managed care to provide all claims data to
 1490         a contracted vendor selected by the agency; excluding
 1491         from the contributed claims data certain types of
 1492         coverage;; amending s. 409.967, F.S.; requiring
 1493         managed care plans to provide all claims data to a
 1494         contracted vendor selected by the agency; amending s.
 1495         110.123, F.S.; requiring the Department of Management
 1496         Services to provide certain data to the contracted
 1497         vendor for the price transparency database established
 1498         by the agency; requiring a contracted vendor for the
 1499         state group health insurance plan to provide claims
 1500         data to the vendor selected by the agency; amending
 1501         ss. 20.42, 381.026, 395.602, 395.6025, 408.07, 408.18,
 1502         and 465.0244, F.S.; conforming provisions to changes
 1503         made by the act; providing legislative intent;
 1504         providing an effective date.