Florida Senate - 2016                                    SB 1496
       
       
        
       By Senator Bradley
       
       7-01281C-16                                           20161496__
    1                        A bill to be entitled                      
    2         An act relating to transparency in health care;
    3         amending s. 395.301, F.S.; requiring a facility
    4         licensed under ch. 395, F.S., to provide timely and
    5         accurate financial information and quality of service
    6         measures to certain individuals; providing an
    7         exemption; requiring a licensed facility to make
    8         available on its website certain information on
    9         payments made to that facility for defined bundles of
   10         services and procedures and other information for
   11         consumers and patients; requiring that facility
   12         websites provide specified information and notify and
   13         inform patients or prospective patients of certain
   14         information; requiring a facility to provide a
   15         written, good faith estimate of charges to a patient
   16         or prospective patient within a certain timeframe;
   17         requiring a facility to provide information regarding
   18         financial assistance from the facility which may be
   19         available to a patient or a prospective patient;
   20         providing a penalty for failing to provide an estimate
   21         of charges to a patient; deleting a requirement that a
   22         licensed facility not operated by the state provide
   23         notice to a patient of his or her right to an itemized
   24         statement or bill within a certain timeframe; revising
   25         the information that must be included on a patient’s
   26         statement or bill; requiring that certain records be
   27         made available through electronic means that comply
   28         with a specified law; reducing the response time for
   29         certain patient requests for information; creating s.
   30         395.3012, F.S.; authorizing the Agency for Health Care
   31         Administration to impose penalties based on certain
   32         findings of an investigation as determined by the
   33         consumer advocate; amending ss. 400.165, 400.487, and
   34         400.934, F.S.; requiring nursing homes, home health
   35         agencies, and home medical equipment providers to
   36         provide upon request certain written estimates of
   37         charges within a certain timeframe; amending s.
   38         408.05, F.S.; revising requirements for the collection
   39         and use of health-related data by the agency;
   40         requiring the agency to contract with a vendor to
   41         provide an Internet-based platform with certain
   42         attributes; requiring potential vendors to have
   43         certain qualifications; prohibiting the agency from
   44         establishing a certain database under certain
   45         circumstances; amending s. 408.061, F.S.; revising
   46         requirements for the submission of health care data to
   47         the agency; amending s. 456.0575, F.S.; requiring a
   48         health care practitioner to provide a patient upon his
   49         or her request a written, good faith estimate of
   50         anticipated charges within a certain timeframe;
   51         amending s. 456.072, F.S.; providing that the failure
   52         to comply with fair billing practices by a health care
   53         practitioner is grounds for disciplinary action;
   54         amending s. 627.0613, F.S.; providing that the
   55         consumer advocate must represent the general public
   56         before other state agencies; authorizing the consumer
   57         advocate to report findings relating to certain
   58         investigations to the agency and the Department of
   59         Health; authorizing the consumer advocate to have
   60         access to files, records, and data of the agency and
   61         the department necessary for certain investigations;
   62         authorizing the consumer advocate to maintain a
   63         process to receive and investigate complaints from
   64         patients relating to compliance with certain billing
   65         and notice requirements by licensed health care
   66         facilities and practitioners; defining a term;
   67         authorizing the consumer advocate to provide mediation
   68         between providers and consumers relating to certain
   69         matters; creating s. 627.6385, F.S.; requiring a
   70         health insurer to make available on its website
   71         certain methods that a policyholder can use to make
   72         estimates of certain costs and charges; providing that
   73         an estimate does not preclude an actual cost from
   74         exceeding the estimate; requiring a health insurer to
   75         make available on its website a hyperlink to certain
   76         health information; requiring a health insurer to
   77         include certain notice; requiring a health insurer
   78         that participates in the state group health insurance
   79         plan or Medicaid managed care to provide all claims
   80         data to a contracted vendor selected by the agency;
   81         providing a credit against the premium tax to certain
   82         health insurers; amending s. 641.54, F.S.; revising
   83         the provision requiring a health maintenance
   84         organization to make certain information available to
   85         its subscribers; requiring a health maintenance
   86         organization that participates in the state group
   87         health insurance plan or Medicaid managed care to
   88         provide all claims data to a contracted vendor
   89         selected by the agency; providing a credit against
   90         certain premium taxes to specified health maintenance
   91         organizations; amending s. 409.967, F.S.; requiring
   92         managed care plans to provide all claims data to a
   93         contracted vendor selected by the agency; amending s.
   94         110.123, F.S.; requiring the Department of Management
   95         Services to provide certain data to the contracted
   96         vendor for the price transparency database established
   97         by the agency; requiring a contracted vendor for the
   98         state group health insurance plan to provide claims
   99         data to the vendor selected by the agency; creating s.
  100         212.099, F.S.; defining terms; authorizing a credit
  101         against sales and use tax for taxpayers that provide
  102         health care claims information; providing a limitation
  103         on credit amounts; providing penalties for
  104         fraudulently claiming the credit; creating s. 220.197,
  105         F.S.; defining terms; authorizing a credit against
  106         corporate income tax for corporations that provide
  107         health care claims information; providing a limitation
  108         on credit amounts; providing penalties for
  109         fraudulently claiming the credit; amending ss. 20.42,
  110         381.026, 395.602, 395.6025, 408.07, 408.18, and
  111         465.0244, F.S.; conforming provisions to changes made
  112         by the act; providing effective dates.
  113          
  114  Be It Enacted by the Legislature of the State of Florida:
  115  
  116         Section 1. Section 395.301, Florida Statutes, is amended to
  117  read:
  118         395.301 Price transparency; itemized patient statement or
  119  bill; form and content prescribed by the agency; patient
  120  admission status notification.—
  121         (1) A facility licensed under this chapter shall provide
  122  timely and accurate financial information and quality of service
  123  measures to prospective and actual patients of the facility, or
  124  to patients’ survivors or legal guardians, as appropriate. Such
  125  information shall be provided in accordance with this section
  126  and rules adopted by the agency pursuant to this chapter and s.
  127  408.05. Licensed facilities operating exclusively as state
  128  mental health treatment facilities or as mobile surgical
  129  facilities are exempt from the requirements of this subsection.
  130         (a)Each licensed facility shall make available to the
  131  public on its website information on payments made to that
  132  facility for defined bundles of services and procedures. The
  133  payment data must be presented and searchable in accordance with
  134  the system established by the agency and its vendor using the
  135  descriptive service bundles developed under s. 408.05(3)(c). At
  136  a minimum, the facility shall provide the estimated average
  137  payment received from all payors, excluding Medicaid and
  138  Medicare, for the descriptive service bundles available at that
  139  facility and the estimated payment range for such bundles. Using
  140  plain language, comprehensible to an ordinary layperson, the
  141  facility must disclose that the information on average payments
  142  and the payment ranges is an estimate of costs that may be
  143  incurred by the patient or prospective patient and that actual
  144  costs will be based on the services actually provided to the
  145  patient. The facility shall also assist the consumer in
  146  accessing his or her health insurer’s or health maintenance
  147  organization’s website for information on estimated copayments,
  148  deductibles, and other cost-sharing responsibilities. The
  149  facility’s website must:
  150         1.Identify and post the names of all health insurers and
  151  health maintenance organizations for which the facility is a
  152  network provider or preferred provider and include a hyperlink
  153  to the website of each.
  154         2. Provide information to uninsured patients and insured
  155  patients whose health insurer or health maintenance organization
  156  does not include the facility as a network provider or preferred
  157  provider on the facility’s financial assistance policy,
  158  including the application process, payment plans, and discounts,
  159  and the facility’s charity care policy and collection
  160  procedures.
  161         3. Notify patients or prospective patients that services
  162  may be provided in the health care facility by the facility as
  163  well as by other health care providers who may separately bill
  164  the patient.
  165         4. Inform patients or prospective patients that they may
  166  request from the facility and other health care providers a more
  167  personalized estimate of charges and other information.
  168         (b)1. Upon request, and before providing any nonemergency
  169  medical services, each licensed facility shall provide a
  170  written, good faith estimate of reasonably anticipated charges
  171  by the facility for the treatment of the patient’s or
  172  prospective patient’s specific condition. The facility must
  173  provide the estimate in writing to the patient or prospective
  174  patient within 7 business days after the receipt of the request
  175  and is not required to adjust the estimate for any potential
  176  insurance coverage. The estimate may be based on the descriptive
  177  service bundles developed by the agency under s. 408.05(3)(c)
  178  unless the patient or prospective patient requests a more
  179  personalized and specific estimate that accounts for the
  180  specific condition and characteristics of the patient or
  181  prospective patient. The facility shall inform the patient or
  182  prospective patient that he or she may contact his or her health
  183  insurer or health maintenance organization for additional
  184  information concerning cost-sharing responsibilities.
  185         2. In the estimate, the facility shall provide to the
  186  patient or prospective patient information on the facility’s
  187  financial assistance policy, including the application process,
  188  payment plans, and discounts and the facility’s charity care
  189  policy and collection procedures.
  190         3. Upon request, the facility shall notify the patient or
  191  prospective patient of any revision to the estimate.
  192         4. In the estimate, the facility must notify the patient or
  193  prospective patient that services may be provided in the health
  194  care facility by the facility as well as by other health care
  195  providers that may separately bill the patient.
  196         5. The facility shall take action to educate the public
  197  that such estimates are available upon request.
  198         6. Failure to timely provide the estimate pursuant to this
  199  paragraph shall result in a fine of $500 for each instance of
  200  the facility’s failure to provide the requested information.
  201  
  202  The provision of an estimate does not preclude the actual
  203  charges from exceeding the estimate.
  204         (c) Each facility shall make available on its website a
  205  hyperlink to the health-related data, including quality measures
  206  and statistics that are disseminated by the agency pursuant to
  207  s. 408.05. The facility shall also take action to notify the
  208  public that such information is electronically available and
  209  provide a hyperlink to the agency’s website.
  210         (d)1. Upon request, and after the patient’s discharge or
  211  release from the facility, the facility must provide A licensed
  212  facility not operated by the state shall notify each patient
  213  during admission and at discharge of his or her right to receive
  214  an itemized bill upon request. Within 7 days following the
  215  patient’s discharge or release from a licensed facility not
  216  operated by the state, the licensed facility providing the
  217  service shall, upon request, submit to the patient, or to the
  218  patient’s survivor or legal guardian, as may be appropriate, an
  219  itemized statement or bill detailing in plain language,
  220  comprehensible to an ordinary layperson, the specific nature of
  221  charges or expenses incurred by the patient., which in The
  222  initial statement or bill billing shall be provided within 7
  223  days after the patient’s discharge or release from the facility
  224  or after a request for such statement or bill, whichever is
  225  later. The initial statement or bill must contain a statement of
  226  specific services received and expenses incurred by date for
  227  such items of service, enumerating in detail as prescribed by
  228  the agency the constituent components of the services received
  229  within each department of the licensed facility and including
  230  unit price data on rates charged by the licensed facility, as
  231  prescribed by the agency. The statement or bill must identify
  232  each item as paid, pending payment by a third party, or pending
  233  payment by the patient and must include the amount due, if
  234  applicable. If an amount is due from the patient, a due date
  235  must be included. The initial statement or bill must inform the
  236  patient or the patient’s survivor or legal guardian, as
  237  appropriate, to contact the patient’s insurer or health
  238  maintenance organization regarding the patient’s cost-sharing
  239  responsibilities.
  240         2. Any subsequent statement or bill provided to a patient
  241  or to the patient’s survivor or legal guardian, as appropriate,
  242  relating to the episode of care must include all of the
  243  information required by subparagraph 1., with any revisions
  244  clearly delineated.
  245         3.(2)(a) Each such statement or bill provided submitted
  246  pursuant to this subsection section:
  247         a.1.Must May not include notice charges of hospital-based
  248  physicians and other health care providers who bill if billed
  249  separately.
  250         b.2. May not include any generalized category of expenses
  251  such as “other” or “miscellaneous” or similar categories.
  252         c.3.Must Shall list drugs by brand or generic name and not
  253  refer to drug code numbers when referring to drugs of any sort.
  254         d.4.Must Shall specifically identify physical,
  255  occupational, or speech therapy treatment as to the date, type,
  256  and length of treatment when such therapy treatment is a part of
  257  the statement or bill.
  258         (b) Any person receiving a statement pursuant to this
  259  section shall be fully and accurately informed as to each charge
  260  and service provided by the institution preparing the statement.
  261         (2)(3)On each itemized statement submitted pursuant to
  262  subsection (1) there shall appear the words “A FOR-PROFIT (or
  263  NOT-FOR-PROFIT or PUBLIC) HOSPITAL (or AMBULATORY SURGICAL
  264  CENTER) LICENSED BY THE STATE OF FLORIDA” or substantially
  265  similar words sufficient to identify clearly and plainly the
  266  ownership status of the licensed facility. Each itemized
  267  statement or bill must prominently display the telephone phone
  268  number of the medical facility’s patient liaison who is
  269  responsible for expediting the resolution of any billing dispute
  270  between the patient, or the patient’s survivor or legal guardian
  271  his or her representative, and the billing department.
  272         (4) An itemized bill shall be provided once to the
  273  patient’s physician at the physician’s request, at no charge.
  274         (5) In any billing for services subsequent to the initial
  275  billing for such services, the patient, or the patient’s
  276  survivor or legal guardian, may elect, at his or her option, to
  277  receive a copy of the detailed statement of specific services
  278  received and expenses incurred for each such item of service as
  279  provided in subsection (1).
  280         (6) No physician, dentist, podiatric physician, or licensed
  281  facility may add to the price charged by any third party except
  282  for a service or handling charge representing a cost actually
  283  incurred as an item of expense; however, the physician, dentist,
  284  podiatric physician, or licensed facility is entitled to fair
  285  compensation for all professional services rendered. The amount
  286  of the service or handling charge, if any, shall be set forth
  287  clearly in the bill to the patient.
  288         (7) Each licensed facility not operated by the state shall
  289  provide, prior to provision of any nonemergency medical
  290  services, a written good faith estimate of reasonably
  291  anticipated charges for the facility to treat the patient’s
  292  condition upon written request of a prospective patient. The
  293  estimate shall be provided to the prospective patient within 7
  294  business days after the receipt of the request. The estimate may
  295  be the average charges for that diagnosis related group or the
  296  average charges for that procedure. Upon request, the facility
  297  shall notify the patient of any revision to the good faith
  298  estimate. Such estimate shall not preclude the actual charges
  299  from exceeding the estimate. The facility shall place a notice
  300  in the reception area that such information is available.
  301  Failure to provide the estimate within the provisions
  302  established pursuant to this section shall result in a fine of
  303  $500 for each instance of the facility’s failure to provide the
  304  requested information.
  305         (8) Each licensed facility that is not operated by the
  306  state shall provide any uninsured person seeking planned
  307  nonemergency elective admission a written good faith estimate of
  308  reasonably anticipated charges for the facility to treat such
  309  person. The estimate must be provided to the uninsured person
  310  within 7 business days after the person notifies the facility
  311  and the facility confirms that the person is uninsured. The
  312  estimate may be the average charges for that diagnosis-related
  313  group or the average charges for that procedure. Upon request,
  314  the facility shall notify the person of any revision to the good
  315  faith estimate. Such estimate does not preclude the actual
  316  charges from exceeding the estimate. The facility shall also
  317  provide to the uninsured person a copy of any facility discount
  318  and charity care discount policies for which the uninsured
  319  person may be eligible. The facility shall place a notice in the
  320  reception area where such information is available. Failure to
  321  provide the estimate as required by this subsection shall result
  322  in a fine of $500 for each instance of the facility’s failure to
  323  provide the requested information.
  324         (3)(9) If a licensed facility places a patient on
  325  observation status rather than inpatient status, observation
  326  services shall be documented in the patient’s discharge papers.
  327  The patient or the patient’s survivor or legal guardian proxy
  328  shall be notified of observation services through discharge
  329  papers, which may also include brochures, signage, or other
  330  forms of communication for this purpose.
  331         (4)(10) A licensed facility shall make available to a
  332  patient all records necessary for verification of the accuracy
  333  of the patient’s statement or bill within 10 30 business days
  334  after the request for such records. The records verification
  335  information must be made available in the facility’s offices and
  336  through electronic means that comply with the Health Insurance
  337  Portability and Accountability Act of 1996 (HIPAA). Such records
  338  must shall be available to the patient before prior to and after
  339  payment of the statement or bill or claim. The facility may not
  340  charge the patient for making such verification records
  341  available; however, the facility may charge its usual fee for
  342  providing copies of records as specified in s. 395.3025.
  343         (5)(11) Each facility shall establish a method for
  344  reviewing and responding to questions from patients concerning
  345  the patient’s itemized statement or bill. Such response shall be
  346  provided within 7 business 30 days after the date a question is
  347  received. If the patient is not satisfied with the response, the
  348  facility must provide the patient with the address and contact
  349  information of the consumer advocate as provided in s. 627.0613
  350  agency to which the issue may be sent for review.
  351         (12) Each licensed facility shall make available on its
  352  Internet website a link to the performance outcome and financial
  353  data that is published by the Agency for Health Care
  354  Administration pursuant to s. 408.05(3)(k). The facility shall
  355  place a notice in the reception area that the information is
  356  available electronically and the facility’s Internet website
  357  address.
  358         Section 2. Section 395.3012, Florida Statutes, is created
  359  to read:
  360         395.3012 Penalties for unconscionable prices.—
  361         (1) The agency may impose administrative fines based on the
  362  findings of the consumer advocate’s investigation of billing
  363  complaints pursuant to s. 627.0613(6).
  364         (2) The administrative fines for noncompliance with s.
  365  395.301 are the greater of $2,500 per violation or double the
  366  amount of the charges that exceed fair charges.
  367         Section 3. Present subsections (1) through (5) of section
  368  400.165, Florida Statutes, are redesignated as subsections (2)
  369  through (6), respectively, a new subsection (1) is added to that
  370  section, and present subsection (4) of that section is amended,
  371  to read:
  372         400.165 Itemized resident billing, form and content
  373  prescribed by the agency.—
  374         (1) Every licensed nursing home shall provide upon the
  375  request of a resident or prospective resident or his or her
  376  legal guardian a written, good faith estimate of reasonably
  377  anticipated charges for the resident at the nursing home. The
  378  nursing home must provide the estimate to the requestor within 7
  379  business days after receiving the request. The nursing home must
  380  also provide information disclosing the nursing home’s payment
  381  plans, discounts, and other available assistance and its
  382  collection procedures.
  383         (5)(4) In any billing for services subsequent to the
  384  initial billing for such services, the resident, or the
  385  resident’s survivor or legal guardian, may elect, at his or her
  386  option, to receive a copy of the detailed statement of specific
  387  services received and expenses incurred for each such item of
  388  service as provided in subsection (2) subsection (1).
  389         Section 4. Subsection (1) of section 400.487, Florida
  390  Statutes, is amended to read:
  391         400.487 Home health service agreements; physician’s,
  392  physician assistant’s, and advanced registered nurse
  393  practitioner’s treatment orders; patient assessment;
  394  establishment and review of plan of care; provision of services;
  395  orders not to resuscitate.—
  396         (1)(a) Services provided by a home health agency must be
  397  covered by an agreement between the home health agency and the
  398  patient or the patient’s legal representative specifying the
  399  home health services to be provided, the rates or charges for
  400  services paid with private funds, and the sources of payment,
  401  which may include Medicare, Medicaid, private insurance,
  402  personal funds, or a combination thereof. A home health agency
  403  providing skilled care must make an assessment of the patient’s
  404  needs within 48 hours after the start of services.
  405         (b) Every licensed home health agency shall provide upon
  406  the request of a prospective patient or his or her legal
  407  guardian a written, good faith estimate of reasonably
  408  anticipated charges for the prospective patient for services
  409  provided by the home health agency. The home health agency must
  410  provide the estimate to the requestor within 7 business days
  411  after receiving the request. The home health agency must inform
  412  the prospective patient, or his or her legal guardian, that he
  413  or she may contact the prospective patient’s health insurer or
  414  health maintenance organization for additional information
  415  concerning cost-sharing responsibilities. The home health agency
  416  must also provide information disclosing the home health
  417  agency’s payment plans, discounts, and other available
  418  assistance and its collection procedures.
  419         Section 5. Subsection (23) is added to section 400.934,
  420  Florida Statutes, to read:
  421         400.934 Minimum standards.—As a requirement of licensure,
  422  home medical equipment providers shall:
  423         (23) Provide upon the request of a prospective patient or
  424  his or her legal guardian a written, good faith estimate of
  425  reasonably anticipated charges for the prospective patient for
  426  services provided by the home medical equipment provider. The
  427  home medical equipment provider must provide the estimate to the
  428  requestor within 7 business days after receiving the request.
  429  The home medical equipment provider must inform the prospective
  430  patient, or his or her legal guardian, that he or she may
  431  contact the prospective patient’s health insurer or health
  432  maintenance organization for additional information concerning
  433  cost-sharing responsibilities. The home medical equipment
  434  provider must also provide information disclosing the home
  435  medical equipment provider’s payment plans, discounts, and other
  436  available assistance and its collection procedures.
  437         Section 6. Section 408.05, Florida Statutes, is amended to
  438  read:
  439         408.05 Florida Center for Health Information and
  440  Transparency Policy Analysis.—
  441         (1) ESTABLISHMENT.—The agency shall establish and maintain
  442  a Florida Center for Health Information and Transparency to
  443  collect, compile, coordinate, analyze, index, and disseminate
  444  Policy Analysis. The center shall establish a comprehensive
  445  health information system to provide for the collection,
  446  compilation, coordination, analysis, indexing, dissemination,
  447  and utilization of both purposefully collected and extant
  448  health-related data and statistics. The center shall be staffed
  449  as necessary with public health experts, biostatisticians,
  450  information system analysts, health policy experts, economists,
  451  and other staff necessary to carry out its functions.
  452         (2) HEALTH-RELATED DATA.—The comprehensive health
  453  information system operated by the Florida Center for Health
  454  Information and Transparency Policy Analysis shall identify the
  455  best available data sets, compile new data when specifically
  456  authorized, data sources and promote the use coordinate the
  457  compilation of extant health-related data and statistics. The
  458  center must maintain any data sets in existence before July 1,
  459  2016, unless such data sets duplicate information that is
  460  readily available from other credible sources, and may and
  461  purposefully collect or compile data on the following:
  462         (a) The extent and nature of illness and disability of the
  463  state population, including life expectancy, the incidence of
  464  various acute and chronic illnesses, and infant and maternal
  465  morbidity and mortality.
  466         (b) The impact of illness and disability of the state
  467  population on the state economy and on other aspects of the
  468  well-being of the people in this state.
  469         (c) Environmental, social, and other health hazards.
  470         (d) Health knowledge and practices of the people in this
  471  state and determinants of health and nutritional practices and
  472  status.
  473         (a)(e) Health resources, including licensed physicians,
  474  dentists, nurses, and other health care practitioners
  475  professionals, by specialty and type of practice. Such data
  476  shall include information collected by the Department of Health
  477  pursuant to ss. 458.3191 and 459.0081.
  478         (b)Health service inventories, including and acute care,
  479  long-term care, and other institutional care facilities facility
  480  supplies and specific services provided by hospitals, nursing
  481  homes, home health agencies, and other licensed health care
  482  facilities.
  483         (c)(f)Service utilization for licensed health care
  484  facilities of health care by type of provider.
  485         (d)(g) Health care costs and financing, including trends in
  486  health care prices and costs, the sources of payment for health
  487  care services, and federal, state, and local expenditures for
  488  health care.
  489         (h) Family formation, growth, and dissolution.
  490         (e)(i) The extent of public and private health insurance
  491  coverage in this state.
  492         (f)(j)Specific quality-of-care initiatives involving The
  493  quality of care provided by various health care providers when
  494  extant data is not adequate to achieve the objectives of the
  495  initiatives.
  496         (3) COMPREHENSIVE HEALTH INFORMATION TRANSPARENCY SYSTEM.
  497  In order to disseminate and facilitate the availability of
  498  produce comparable and uniform health information and statistics
  499  for the development of policy recommendations, the agency shall
  500  perform the following functions:
  501         (a) Collect and compile information on and coordinate the
  502  activities of state agencies involved in providing the design
  503  and implementation of the comprehensive health information to
  504  consumers system.
  505         (b) Promote data sharing through dissemination of state
  506  collected health data by making such data available,
  507  transferable, and readily usable Undertake research,
  508  development, and evaluation respecting the comprehensive health
  509  information system.
  510         (c) Contract with a vendor to provide a consumer-friendly,
  511  Internet-based platform that allows a consumer to research the
  512  cost of health care services and procedures and allows for price
  513  comparison. The Internet-based platform must allow a consumer to
  514  search by condition or service bundles that are comprehensible
  515  to an ordinary layperson and may not require registration, a
  516  security password, or user identification. The vendor must be a
  517  nonprofit research institute that is qualified under s. 1874 of
  518  the Social Security Act to receive Medicare claims data and that
  519  receives claims data from multiple private insurers nationwide.
  520  The vendor must have:
  521         1. A national database consisting of at least 15 billion
  522  claim lines of administrative claims data from multiple payors
  523  capable of being expanded by adding third-party payors,
  524  including employers with health plans covered by the Employee
  525  Retirement Income Security Act of 1974 (ERISA).
  526         2. A well-developed methodology for analyzing claims data
  527  within defined service bundles.
  528         3. A bundling methodology that is available in the public
  529  domain to allow for consistency and comparison of state and
  530  national benchmarks with local regions and specific providers.
  531         (c) Review the statistical activities of state agencies to
  532  ensure that they are consistent with the comprehensive health
  533  information system.
  534         (d) Develop written agreements with local, state, and
  535  federal agencies to facilitate for the sharing of data related
  536  to health care health-care-related data or using the facilities
  537  and services of such agencies. State agencies, local health
  538  councils, and other agencies under state contract shall assist
  539  the center in obtaining, compiling, and transferring health
  540  care-related data maintained by state and local agencies.
  541  Written agreements must specify the types, methods, and
  542  periodicity of data exchanges and specify the types of data that
  543  will be transferred to the center.
  544         (e) Establish by rule the types of data collected,
  545  compiled, processed, used, or shared. Decisions regarding center
  546  data sets should be made based on consultation with the State
  547  Consumer Health Information and Policy Advisory Council and
  548  other public and private users regarding the types of data which
  549  should be collected and their uses. The center shall establish
  550  standardized means for collecting health information and
  551  statistics under laws and rules administered by the agency.
  552         (f) Consult with contracted vendors, the State Consumer
  553  Health Information and Policy Advisory Council, and other public
  554  and private users regarding the types of data that should be
  555  collected and the use of such data.
  556         (g) Monitor data collection procedures and test data
  557  quality to facilitate the dissemination of data that is
  558  accurate, valid, reliable, and complete.
  559         (f) Establish minimum health-care-related data sets which
  560  are necessary on a continuing basis to fulfill the collection
  561  requirements of the center and which shall be used by state
  562  agencies in collecting and compiling health-care-related data.
  563  The agency shall periodically review ongoing health care data
  564  collections of the Department of Health and other state agencies
  565  to determine if the collections are being conducted in
  566  accordance with the established minimum sets of data.
  567         (g) Establish advisory standards to ensure the quality of
  568  health statistical and epidemiological data collection,
  569  processing, and analysis by local, state, and private
  570  organizations.
  571         (h) Prescribe standards for the publication of health-care
  572  related data reported pursuant to this section which ensure the
  573  reporting of accurate, valid, reliable, complete, and comparable
  574  data. Such standards should include advisory warnings to users
  575  of the data regarding the status and quality of any data
  576  reported by or available from the center.
  577         (h)(i)Develop Prescribe standards for the maintenance and
  578  preservation of the center’s data. This should include methods
  579  for archiving data, retrieval of archived data, and data editing
  580  and verification.
  581         (j) Ensure that strict quality control measures are
  582  maintained for the dissemination of data through publications,
  583  studies, or user requests.
  584         (i)(k)Make Develop, in conjunction with the State Consumer
  585  Health Information and Policy Advisory Council, and implement a
  586  long-range plan for making available health care quality
  587  measures and financial data that will allow consumers to compare
  588  outcomes and other performance measures for health care
  589  services. The health care quality measures and financial data
  590  the agency must make available include, but are not limited to,
  591  pharmaceuticals, physicians, health care facilities, and health
  592  plans and managed care entities. The agency shall update the
  593  plan and report on the status of its implementation annually.
  594  The agency shall also make the plan and status report available
  595  to the public on its Internet website. As part of the plan, the
  596  agency shall identify the process and timeframes for
  597  implementation, barriers to implementation, and recommendations
  598  of changes in the law that may be enacted by the Legislature to
  599  eliminate the barriers. As preliminary elements of the plan, the
  600  agency shall:
  601         1. Make available patient-safety indicators, inpatient
  602  quality indicators, and performance outcome and patient charge
  603  data collected from health care facilities pursuant to s.
  604  408.061(1)(a) and (2). The terms “patient-safety indicators” and
  605  “inpatient quality indicators” have the same meaning as that
  606  ascribed by the Centers for Medicare and Medicaid Services, an
  607  accrediting organization whose standards incorporate comparable
  608  regulations required by this state, or a national entity that
  609  establishes standards to measure the performance of health care
  610  providers, or by other states. The agency shall determine which
  611  conditions, procedures, health care quality measures, and
  612  patient charge data to disclose based upon input from the
  613  council. When determining which conditions and procedures are to
  614  be disclosed, the council and the agency shall consider
  615  variation in costs, variation in outcomes, and magnitude of
  616  variations and other relevant information. When determining
  617  which health care quality measures to disclose, the agency:
  618         a. Shall consider such factors as volume of cases; average
  619  patient charges; average length of stay; complication rates;
  620  mortality rates; and infection rates, among others, which shall
  621  be adjusted for case mix and severity, if applicable.
  622         b. May consider such additional measures that are adopted
  623  by the Centers for Medicare and Medicaid Studies, an accrediting
  624  organization whose standards incorporate comparable regulations
  625  required by this state, the National Quality Forum, the Joint
  626  Commission on Accreditation of Healthcare Organizations, the
  627  Agency for Healthcare Research and Quality, the Centers for
  628  Disease Control and Prevention, or a similar national entity
  629  that establishes standards to measure the performance of health
  630  care providers, or by other states.
  631  
  632  When determining which patient charge data to disclose, the
  633  agency shall include such measures as the average of
  634  undiscounted charges on frequently performed procedures and
  635  preventive diagnostic procedures, the range of procedure charges
  636  from highest to lowest, average net revenue per adjusted patient
  637  day, average cost per adjusted patient day, and average cost per
  638  admission, among others.
  639         2. Make available performance measures, benefit design, and
  640  premium cost data from health plans licensed pursuant to chapter
  641  627 or chapter 641. The agency shall determine which health care
  642  quality measures and member and subscriber cost data to
  643  disclose, based upon input from the council. When determining
  644  which data to disclose, the agency shall consider information
  645  that may be required by either individual or group purchasers to
  646  assess the value of the product, which may include membership
  647  satisfaction, quality of care, current enrollment or membership,
  648  coverage areas, accreditation status, premium costs, plan costs,
  649  premium increases, range of benefits, copayments and
  650  deductibles, accuracy and speed of claims payment, credentials
  651  of physicians, number of providers, names of network providers,
  652  and hospitals in the network. Health plans shall make available
  653  to the agency such data or information that is not currently
  654  reported to the agency or the office.
  655         3. Determine the method and format for public disclosure of
  656  data reported pursuant to this paragraph. The agency shall make
  657  its determination based upon input from the State Consumer
  658  Health Information and Policy Advisory Council. At a minimum,
  659  the data shall be made available on the agency’s Internet
  660  website in a manner that allows consumers to conduct an
  661  interactive search that allows them to view and compare the
  662  information for specific providers. The website must include
  663  such additional information as is determined necessary to ensure
  664  that the website enhances informed decisionmaking among
  665  consumers and health care purchasers, which shall include, at a
  666  minimum, appropriate guidance on how to use the data and an
  667  explanation of why the data may vary from provider to provider.
  668         4. Publish on its website undiscounted charges for no fewer
  669  than 150 of the most commonly performed adult and pediatric
  670  procedures, including outpatient, inpatient, diagnostic, and
  671  preventative procedures.
  672         (4) TECHNICAL ASSISTANCE.—
  673         (a) The center shall provide technical assistance to
  674  persons or organizations engaged in health planning activities
  675  in the effective use of statistics collected and compiled by the
  676  center. The center shall also provide the following additional
  677  technical assistance services:
  678         1. Establish procedures identifying the circumstances under
  679  which, the places at which, the persons from whom, and the
  680  methods by which a person may secure data from the center,
  681  including procedures governing requests, the ordering of
  682  requests, timeframes for handling requests, and other procedures
  683  necessary to facilitate the use of the center’s data. To the
  684  extent possible, the center should provide current data timely
  685  in response to requests from public or private agencies.
  686         2. Provide assistance to data sources and users in the
  687  areas of database design, survey design, sampling procedures,
  688  statistical interpretation, and data access to promote improved
  689  health-care-related data sets.
  690         3. Identify health care data gaps and provide technical
  691  assistance to other public or private organizations for meeting
  692  documented health care data needs.
  693         4. Assist other organizations in developing statistical
  694  abstracts of their data sets that could be used by the center.
  695         5. Provide statistical support to state agencies with
  696  regard to the use of databases maintained by the center.
  697         6. To the extent possible, respond to multiple requests for
  698  information not currently collected by the center or available
  699  from other sources by initiating data collection.
  700         7. Maintain detailed information on data maintained by
  701  other local, state, federal, and private agencies in order to
  702  advise those who use the center of potential sources of data
  703  which are requested but which are not available from the center.
  704         8. Respond to requests for data which are not available in
  705  published form by initiating special computer runs on data sets
  706  available to the center.
  707         9. Monitor innovations in health information technology,
  708  informatics, and the exchange of health information and maintain
  709  a repository of technical resources to support the development
  710  of a health information network.
  711         (b) The agency shall administer, manage, and monitor grants
  712  to not-for-profit organizations, regional health information
  713  organizations, public health departments, or state agencies that
  714  submit proposals for planning, implementation, or training
  715  projects to advance the development of a health information
  716  network. Any grant contract shall be evaluated to ensure the
  717  effective outcome of the health information project.
  718         (c) The agency shall initiate, oversee, manage, and
  719  evaluate the integration of health care data from each state
  720  agency that collects, stores, and reports on health care issues
  721  and make that data available to any health care practitioner
  722  through a state health information network.
  723         (5) PUBLICATIONS; REPORTS; SPECIAL STUDIES.—The center
  724  shall provide for the widespread dissemination of data which it
  725  collects and analyzes. The center shall have the following
  726  publication, reporting, and special study functions:
  727         (a) The center shall publish and make available
  728  periodically to agencies and individuals health statistics
  729  publications of general interest, including health plan consumer
  730  reports and health maintenance organization member satisfaction
  731  surveys; publications providing health statistics on topical
  732  health policy issues; publications that provide health status
  733  profiles of the people in this state; and other topical health
  734  statistics publications.
  735         (j)(b)The center shall publish, Make available, and
  736  disseminate, promptly and as widely as practicable, the results
  737  of special health surveys, health care research, and health care
  738  evaluations conducted or supported under this section. Any
  739  publication by the center must include a statement of the
  740  limitations on the quality, accuracy, and completeness of the
  741  data.
  742         (c) The center shall provide indexing, abstracting,
  743  translation, publication, and other services leading to a more
  744  effective and timely dissemination of health care statistics.
  745         (d) The center shall be responsible for publishing and
  746  disseminating an annual report on the center’s activities.
  747         (e) The center shall be responsible, to the extent
  748  resources are available, for conducting a variety of special
  749  studies and surveys to expand the health care information and
  750  statistics available for health policy analyses, particularly
  751  for the review of public policy issues. The center shall develop
  752  a process by which users of the center’s data are periodically
  753  surveyed regarding critical data needs and the results of the
  754  survey considered in determining which special surveys or
  755  studies will be conducted. The center shall select problems in
  756  health care for research, policy analyses, or special data
  757  collections on the basis of their local, regional, or state
  758  importance; the unique potential for definitive research on the
  759  problem; and opportunities for application of the study
  760  findings.
  761         (4)(6) PROVIDER DATA REPORTING.—This section does not
  762  confer on the agency the power to demand or require that a
  763  health care provider or professional furnish information,
  764  records of interviews, written reports, statements, notes,
  765  memoranda, or data other than as expressly required by law. The
  766  agency may not establish an all-payor claims database or a
  767  comparable database without express legislative authority.
  768         (5)(7) BUDGET; FEES.—
  769         (a) The Legislature intends that funding for the Florida
  770  Center for Health Information and Transparency Policy Analysis
  771  be appropriated from the General Revenue Fund.
  772         (b) The Florida Center for Health Information and
  773  Transparency Policy Analysis may apply for and receive and
  774  accept grants, gifts, and other payments, including property and
  775  services, from any governmental or other public or private
  776  entity or person and make arrangements as to the use of same,
  777  including the undertaking of special studies and other projects
  778  relating to health-care-related topics. Funds obtained pursuant
  779  to this paragraph may not be used to offset annual
  780  appropriations from the General Revenue Fund.
  781         (c) The center may charge such reasonable fees for services
  782  as the agency prescribes by rule. The established fees may not
  783  exceed the reasonable cost for such services. Fees collected may
  784  not be used to offset annual appropriations from the General
  785  Revenue Fund.
  786         (6)(8) STATE CONSUMER HEALTH INFORMATION AND POLICY
  787  ADVISORY COUNCIL.—
  788         (a) There is established in the agency the State Consumer
  789  Health Information and Policy Advisory Council to assist the
  790  center in reviewing the comprehensive health information system,
  791  including the identification, collection, standardization,
  792  sharing, and coordination of health-related data, fraud and
  793  abuse data, and professional and facility licensing data among
  794  federal, state, local, and private entities and to recommend
  795  improvements for purposes of public health, policy analysis, and
  796  transparency of consumer health care information. The council
  797  consists shall consist of the following members:
  798         1. An employee of the Executive Office of the Governor, to
  799  be appointed by the Governor.
  800         2. An employee of the Office of Insurance Regulation, to be
  801  appointed by the director of the office.
  802         3. An employee of the Department of Education, to be
  803  appointed by the Commissioner of Education.
  804         4. Ten persons, to be appointed by the Secretary of Health
  805  Care Administration, representing other state and local
  806  agencies, state universities, business and health coalitions,
  807  local health councils, professional health-care-related
  808  associations, consumers, and purchasers.
  809         (b) Each member of the council shall be appointed to serve
  810  for a term of 2 years following the date of appointment, except
  811  the term of appointment shall end 3 years following the date of
  812  appointment for members appointed in 2003, 2004, and 2005. A
  813  vacancy shall be filled by appointment for the remainder of the
  814  term, and each appointing authority retains the right to
  815  reappoint members whose terms of appointment have expired.
  816         (c) The council may meet at the call of its chair, at the
  817  request of the agency, or at the request of a majority of its
  818  membership, but the council must meet at least quarterly.
  819         (d) Members shall elect a chair and vice chair annually.
  820         (e) A majority of the members constitutes a quorum, and the
  821  affirmative vote of a majority of a quorum is necessary to take
  822  action.
  823         (f) The council shall maintain minutes of each meeting and
  824  shall make such minutes available to any person.
  825         (g) Members of the council shall serve without compensation
  826  but shall be entitled to receive reimbursement for per diem and
  827  travel expenses as provided in s. 112.061.
  828         (h) The council’s duties and responsibilities include, but
  829  are not limited to, the following:
  830         1. To develop a mission statement, goals, and a plan of
  831  action for the identification, collection, standardization,
  832  sharing, and coordination of health-related data across federal,
  833  state, and local government and private sector entities.
  834         2. To develop a review process to ensure cooperative
  835  planning among agencies that collect or maintain health-related
  836  data.
  837         3. To create ad hoc issue-oriented technical workgroups on
  838  an as-needed basis to make recommendations to the council.
  839         (7)(9) APPLICATION TO OTHER AGENCIES.—Nothing in This
  840  section does not shall limit, restrict, affect, or control the
  841  collection, analysis, release, or publication of data by any
  842  state agency pursuant to its statutory authority, duties, or
  843  responsibilities.
  844         Section 7. Subsection (1) of section 408.061, Florida
  845  Statutes, is amended to read:
  846         408.061 Data collection; uniform systems of financial
  847  reporting; information relating to physician charges;
  848  confidential information; immunity.—
  849         (1) The agency shall require the submission by health care
  850  facilities, health care providers, and health insurers of data
  851  necessary to carry out the agency’s duties and to facilitate
  852  transparency in health care pricing data and quality measures.
  853  Specifications for data to be collected under this section shall
  854  be developed by the agency and applicable contract vendors, with
  855  the assistance of technical advisory panels including
  856  representatives of affected entities, consumers, purchasers, and
  857  such other interested parties as may be determined by the
  858  agency.
  859         (a) Data submitted by health care facilities, including the
  860  facilities as defined in chapter 395, shall include, but are not
  861  limited to: case-mix data, patient admission and discharge data,
  862  hospital emergency department data which shall include the
  863  number of patients treated in the emergency department of a
  864  licensed hospital reported by patient acuity level, data on
  865  hospital-acquired infections as specified by rule, data on
  866  complications as specified by rule, data on readmissions as
  867  specified by rule, with patient and provider-specific
  868  identifiers included, actual charge data by diagnostic groups or
  869  other bundled groupings as specified by rule, financial data,
  870  accounting data, operating expenses, expenses incurred for
  871  rendering services to patients who cannot or do not pay,
  872  interest charges, depreciation expenses based on the expected
  873  useful life of the property and equipment involved, and
  874  demographic data. The agency shall adopt nationally recognized
  875  risk adjustment methodologies or software consistent with the
  876  standards of the Agency for Healthcare Research and Quality and
  877  as selected by the agency for all data submitted as required by
  878  this section. Data may be obtained from documents such as, but
  879  not limited to: leases, contracts, debt instruments, itemized
  880  patient statements or bills, medical record abstracts, and
  881  related diagnostic information. Reported data elements shall be
  882  reported electronically in accordance with rule 59E-7.012,
  883  Florida Administrative Code. Data submitted shall be certified
  884  by the chief executive officer or an appropriate and duly
  885  authorized representative or employee of the licensed facility
  886  that the information submitted is true and accurate.
  887         (b) Data to be submitted by health care providers may
  888  include, but are not limited to: professional organization and
  889  specialty board affiliations, Medicare and Medicaid
  890  participation, types of services offered to patients, actual
  891  charges to patients as specified by rule, amount of revenue and
  892  expenses of the health care provider, and such other data which
  893  are reasonably necessary to study utilization patterns. Data
  894  submitted shall be certified by the appropriate duly authorized
  895  representative or employee of the health care provider that the
  896  information submitted is true and accurate.
  897         (c) Data to be submitted by health insurers may include,
  898  but are not limited to: claims, payments to health care
  899  facilities and health care providers as specified by rule,
  900  premium, administration, and financial information. Data
  901  submitted shall be certified by the chief financial officer, an
  902  appropriate and duly authorized representative, or an employee
  903  of the insurer that the information submitted is true and
  904  accurate.
  905         (d) Data required to be submitted by health care
  906  facilities, health care providers, or health insurers may shall
  907  not include specific provider contract reimbursement
  908  information. However, such specific provider reimbursement data
  909  shall be reasonably available for onsite inspection by the
  910  agency as is necessary to carry out the agency’s regulatory
  911  duties. Any such data obtained by the agency as a result of
  912  onsite inspections may not be used by the state for purposes of
  913  direct provider contracting and are confidential and exempt from
  914  the provisions of s. 119.07(1) and s. 24(a), Art. I of the State
  915  Constitution.
  916         (e) A requirement to submit data shall be adopted by rule
  917  if the submission of data is being required of all members of
  918  any type of health care facility, health care provider, or
  919  health insurer. Rules are not required, however, for the
  920  submission of data for a special study mandated by the
  921  Legislature or when information is being requested for a single
  922  health care facility, health care provider, or health insurer.
  923         Section 8. Section 456.0575, Florida Statutes, is amended
  924  to read:
  925         456.0575 Duty to notify patients.—
  926         (1) Every licensed health care practitioner shall inform
  927  each patient, or an individual identified pursuant to s.
  928  765.401(1), in person about adverse incidents that result in
  929  serious harm to the patient. Notification of outcomes of care
  930  that result in harm to the patient under this section shall not
  931  constitute an acknowledgment of admission of liability, nor can
  932  such notifications be introduced as evidence.
  933         (2) Every licensed health care practitioner must provide
  934  upon request by a patient, before providing any nonemergency
  935  medical services in a facility licensed under chapter 395, a
  936  written, good faith estimate of reasonably anticipated charges
  937  to treat the patient’s condition at the licensed facility. The
  938  health care practitioner must provide the estimate to the
  939  patient within 7 business days after receiving the request and
  940  is not required to adjust the estimate for any potential
  941  insurance coverage. The health care practitioner must inform the
  942  patient that he or she may contact his or her health insurer or
  943  health maintenance organization for additional information
  944  concerning cost-sharing responsibilities. The health care
  945  practitioner must provide information to uninsured patients and
  946  insured patients for whom the practitioner is not a network
  947  provider or preferred provider which discloses the
  948  practitioner’s financial assistance policy, including the
  949  application process, payment plans, discounts, and other
  950  available assistance; the practitioner’s charity care policy;
  951  and the practitioner’s collection procedures. Such estimate does
  952  not preclude the actual charges from exceeding the estimate.
  953  Failure to provide the estimate in accordance with this
  954  subsection, without good cause, within the 7 business days shall
  955  result in disciplinary action against the health care
  956  practitioner and a fine of $500 for each instance of the
  957  practitioner’s failure to provide the requested estimate.
  958         Section 9. Paragraph (oo) is added to subsection (1) of
  959  section 456.072, Florida Statutes, to read:
  960         456.072 Grounds for discipline; penalties; enforcement.—
  961         (1) The following acts shall constitute grounds for which
  962  the disciplinary actions specified in subsection (2) may be
  963  taken:
  964         (oo) Failure to comply with fair billing practices pursuant
  965  to s. 627.0613(6).
  966         Section 10. Section 627.0613, Florida Statutes, is amended
  967  to read:
  968         627.0613 Consumer advocate.—The Chief Financial Officer
  969  must appoint a consumer advocate who must represent the general
  970  public of the state before the department, and the office, and
  971  other state agencies, as required by this section. The consumer
  972  advocate must report directly to the Chief Financial Officer,
  973  but is not otherwise under the authority of the department or of
  974  any employee of the department. The consumer advocate has such
  975  powers as are necessary to carry out the duties of the office of
  976  consumer advocate, including, but not limited to, the powers to:
  977         (1) Recommend to the department or office, by petition, the
  978  commencement of any proceeding or action; appear in any
  979  proceeding or action before the department or office; or appear
  980  in any proceeding before the Division of Administrative Hearings
  981  relating to subject matter under the jurisdiction of the
  982  department or office.
  983         (2) Report to the Agency for Health Care Administration and
  984  to the Department of Health any findings resulting from
  985  investigation of unresolved complaints concerning the billing
  986  practices of any health care facility licensed under chapter 395
  987  or any health care practitioner subject to chapter 456.
  988         (3)(2) Have access to and use of all files, records, and
  989  data of the department or office.
  990         (4) Have access to any files, records, and data of the
  991  Agency for Health Care Administration and the Department of
  992  Health which are necessary for the investigations authorized by
  993  subsection (6).
  994         (5)(3) Examine rate and form filings submitted to the
  995  office, hire consultants as necessary to aid in the review
  996  process, and recommend to the department or office any position
  997  deemed by the consumer advocate to be in the public interest.
  998         (6) Maintain a process for receiving and investigating
  999  complaints from insured and uninsured patients of health care
 1000  facilities licensed under chapter 395 and health care
 1001  practitioners subject to chapter 456 concerning billing
 1002  practices. Investigations by the office of the consumer advocate
 1003  shall be limited to determining compliance with the following
 1004  requirements:
 1005         (a) The patient was informed before a nonemergency
 1006  procedure of expected payments related to the procedure as
 1007  provided in s. 395.301, contact information for health insurers
 1008  or health maintenance organizations to determine specific cost
 1009  sharing responsibilities, and the expected involvement in the
 1010  procedure of other providers who may bill independently.
 1011         (b) The patient was informed of policies and procedures to
 1012  qualify for discounted charges.
 1013         (c) The patient was informed of collection procedures and
 1014  given the opportunity to participate in an extended payment
 1015  schedule.
 1016         (d) The patient was given a written, personal, and itemized
 1017  estimate upon request as provided in ss. 395.301 and 456.0575.
 1018         (e) The statement or bill delivered to the patient was
 1019  accurate and included all information required pursuant to s.
 1020  395.301.
 1021         (f) The billed amounts were fair charges. As used in this
 1022  paragraph, the term “fair charges” means the common and frequent
 1023  range of charges for patients who are similarly situated
 1024  requiring the same or similar medical services.
 1025         (7) Provide mediation between providers and patients to
 1026  resolve billing complaints and negotiate arrangements for
 1027  extended payment schedules.
 1028         (8)(4) Prepare an annual budget for presentation to the
 1029  Legislature by the department, which budget must be adequate to
 1030  carry out the duties of the office of consumer advocate.
 1031         Section 11. Section 627.6385, Florida Statutes, is created
 1032  to read:
 1033         627.6385 Disclosures to policyholders; calculations of cost
 1034  sharing.—
 1035         (1) Each health insurer shall make available on its
 1036  website:
 1037         (a) A method for policyholders to estimate their
 1038  copayments, deductibles, and other cost-sharing responsibilities
 1039  for health care services and procedures. Such method of making
 1040  an estimate shall be based on service bundles established
 1041  pursuant to s. 408.05(3)(c). Estimates do not preclude the
 1042  actual copayment, coinsurance percentage, or deductible,
 1043  whichever is applicable, from exceeding the estimate.
 1044         1. Estimates shall be calculated according to the policy
 1045  and known plan usage during the coverage period.
 1046         2. Estimates shall be made available based on providers
 1047  that are in-network or out-of-network.
 1048         3. A policyholder must be able to create estimates by any
 1049  combination of the service bundles established pursuant to s.
 1050  408.05(3)(c) or by a specified provider or a comparison of
 1051  providers.
 1052         (b) A method for policyholders to estimate their
 1053  copayments, deductibles, and other cost-sharing responsibilities
 1054  based on a personalized estimate of charges received from a
 1055  facility pursuant to s. 395.301 or a practitioner pursuant to s.
 1056  456.0575.
 1057         (c) A hyperlink to the health information, including, but
 1058  not limited to, service bundles and quality of care information,
 1059  which is disseminated by the Agency for Health Care
 1060  Administration pursuant to s. 408.05(3).
 1061         (2) Each health insurer shall include in every policy
 1062  delivered or issued for delivery to any person in the state or
 1063  in materials provided as required by s. 627.64725 notice that
 1064  the information required by this section is available
 1065  electronically and the address of the website where the
 1066  information can be accessed.
 1067         (3) Each health insurer that participates in the state
 1068  group health insurance plan created pursuant to s. 110.123 or
 1069  Medicaid managed care pursuant to part IV of chapter 409 shall
 1070  provide all claims data to the fullest extent possible to the
 1071  contracted vendor selected by the Agency for Health Care
 1072  Administration under s. 408.05(3)(c).
 1073         (4) Each health insurer that provides all claims data to
 1074  the fullest extent possible to the contracted vendor under s.
 1075  408.05(3)(c) is entitled to a 0.05 percent credit against the
 1076  premium tax established pursuant to s. 624.509, notwithstanding
 1077  any premium tax credit limitation imposed by s. 624.509.
 1078         Section 12. Subsection (6) and present subsection (7) of
 1079  section 641.54, Florida Statutes, are amended, present
 1080  subsection (7) of that section is redesignated as subsection
 1081  (9), and a new subsection (7) and subsection (8) are added to
 1082  that section, to read:
 1083         641.54 Information disclosure.—
 1084         (6) Each health maintenance organization shall make
 1085  available to its subscribers on its website or by request the
 1086  estimated copayment copay, coinsurance percentage, or
 1087  deductible, whichever is applicable, for any covered services as
 1088  described by the searchable bundles established on a consumer
 1089  friendly, Internet-based platform pursuant to s. 408.05(3)(c) or
 1090  as described in a personalized estimate received from a facility
 1091  pursuant to s. 395.301 or a practitioner pursuant to s.
 1092  456.0575, the status of the subscriber’s maximum annual out-of
 1093  pocket payments for a covered individual or family, and the
 1094  status of the subscriber’s maximum lifetime benefit. Such
 1095  estimate does shall not preclude the actual copayment copay,
 1096  coinsurance percentage, or deductible, whichever is applicable,
 1097  from exceeding the estimate.
 1098         (7) Each health maintenance organization that participates
 1099  in the state group health insurance plan created pursuant to s.
 1100  110.123 or Medicaid managed care pursuant to part IV of chapter
 1101  409 shall provide all claims data to the fullest extent possible
 1102  to the contracted vendor selected by the Agency for Health Care
 1103  Administration under s. 408.05(3)(c).
 1104         (8) Each health maintenance organization that provides all
 1105  claims data to the fullest extent possible to the contracted
 1106  vendor under s. 408.05(3)(c) is entitled to a 0.05 percent
 1107  credit against the premium tax established pursuant to s.
 1108  624.509, notwithstanding any premium tax credit limitation
 1109  imposed by s. 624.509.
 1110         (9)(7) Each health maintenance organization shall make
 1111  available on its Internet website a hyperlink link to the health
 1112  information performance outcome and financial data that is
 1113  disseminated published by the Agency for Health Care
 1114  Administration pursuant to s. 408.05(3) s. 408.05(3)(k) and
 1115  shall include in every policy delivered or issued for delivery
 1116  to any person in the state or any materials provided as required
 1117  by s. 627.64725 notice that such information is available
 1118  electronically and the address of its Internet website.
 1119         Section 13. Paragraph (n) is added to subsection (2) of
 1120  section 409.967, Florida Statutes, to read:
 1121         409.967 Managed care plan accountability.—
 1122         (2) The agency shall establish such contract requirements
 1123  as are necessary for the operation of the statewide managed care
 1124  program. In addition to any other provisions the agency may deem
 1125  necessary, the contract must require:
 1126         (n) Transparency.Managed care plans shall comply with ss.
 1127  627.6385(3) and 641.54(7).
 1128         Section 14. Paragraph (d) of subsection (3) of section
 1129  110.123, Florida Statutes, is amended to read:
 1130         110.123 State group insurance program.—
 1131         (3) STATE GROUP INSURANCE PROGRAM.—
 1132         (d)1. Notwithstanding the provisions of chapter 287 and the
 1133  authority of the department, for the purpose of protecting the
 1134  health of, and providing medical services to, state employees
 1135  participating in the state group insurance program, the
 1136  department may contract to retain the services of professional
 1137  administrators for the state group insurance program. The agency
 1138  shall follow good purchasing practices of state procurement to
 1139  the extent practicable under the circumstances.
 1140         2. Each vendor in a major procurement, and any other vendor
 1141  if the department deems it necessary to protect the state’s
 1142  financial interests, shall, at the time of executing any
 1143  contract with the department, post an appropriate bond with the
 1144  department in an amount determined by the department to be
 1145  adequate to protect the state’s interests but not higher than
 1146  the full amount estimated to be paid annually to the vendor
 1147  under the contract.
 1148         3. Each major contract entered into by the department
 1149  pursuant to this section shall contain a provision for payment
 1150  of liquidated damages to the department for material
 1151  noncompliance by a vendor with a contract provision. The
 1152  department may require a liquidated damages provision in any
 1153  contract if the department deems it necessary to protect the
 1154  state’s financial interests.
 1155         4. Section The provisions of s. 120.57(3) applies apply to
 1156  the department’s contracting process, except:
 1157         a. A formal written protest of any decision, intended
 1158  decision, or other action subject to protest shall be filed
 1159  within 72 hours after receipt of notice of the decision,
 1160  intended decision, or other action.
 1161         b. As an alternative to any provision of s. 120.57(3), the
 1162  department may proceed with the bid selection or contract award
 1163  process if the director of the department sets forth, in
 1164  writing, particular facts and circumstances which demonstrate
 1165  the necessity of continuing the procurement process or the
 1166  contract award process in order to avoid a substantial
 1167  disruption to the provision of any scheduled insurance services.
 1168         5. The department shall make arrangements as necessary to
 1169  provide claims data of the state group health insurance plan to
 1170  the contracted vendor selected by the Agency for Health Care
 1171  Administration pursuant to s. 408.05(3)(c).
 1172         6. Each contracted vendor for the state group health
 1173  insurance plan shall provide claims data to the fullest extent
 1174  possible to the vendor selected by the Agency for Health Care
 1175  Administration pursuant to s. 408.05(3)(c).
 1176         Section 15. Effective January 1, 2017, section 212.099,
 1177  Florida Statutes, is created to read:
 1178         212.099 Health information and transparency tax credit.—
 1179         (1) As used in this section, the term:
 1180         (a) “Eligible employee” means an employee who is employed
 1181  in this state by an eligible employer and is covered under the
 1182  eligible employer’s health plan covered by the Employee
 1183  Retirement Income Security Act of 1974.
 1184         (b) “Eligible employer” means an employer that provides a
 1185  health plan covered by the Employee Retirement Income Security
 1186  Act of 1974 to eligible employees and provides qualifying health
 1187  care claims information submissions on a quarterly basis.
 1188         (c) “Qualifying health care claims information submission”
 1189  means the submission of health care claims information on
 1190  eligible employees to the contract vendor selected by the Agency
 1191  for Health Care Administration pursuant to s. 408.05(3)(c).
 1192         (2) A credit against the tax imposed by this chapter is
 1193  authorized for qualifying health care claims information
 1194  submissions made by an eligible employer. The credit is equal to
 1195  the number of eligible employees included on each qualifying
 1196  health care claims information submission multiplied by $50. The
 1197  total credit that may be claimed by an eligible employer under
 1198  this section is $500,000 annually.
 1199         (3) If the credit under this section is greater than can be
 1200  taken on a single tax return, excess amounts may be taken as
 1201  credits on any return submitted within 12 months after the
 1202  submission of the qualifying health care claims information.
 1203         (4) A corporation may take the credit under this section
 1204  against its corporate income tax liability, as provided in s.
 1205  220.197; however, a corporation that uses its credit against the
 1206  tax imposed by chapter 220 may not receive the credit provided
 1207  in this section. A credit may be taken against only one tax.
 1208         (5) Any person who fraudulently claims this credit is
 1209  liable for repayment of the credit plus a mandatory penalty of
 1210  100 percent of the credit and commits a misdemeanor of the
 1211  second degree, punishable as provided in s. 775.082 or s.
 1212  775.083.
 1213         Section 16. Effective January 1, 2017, section 220.197,
 1214  Florida Statutes, is created to read:
 1215         220.197 Health information and transparency tax credit.—
 1216         (1) As used in this section, the term:
 1217         (a) “Eligible employee” means an employee who is employed
 1218  in this state by an eligible employer and is covered under the
 1219  eligible employer’s health plan covered by the Employee
 1220  Retirement Income Security Act of 1974.
 1221         (b) “Eligible employer” means an employer that provides a
 1222  health plan covered by the Employee Retirement Income Security
 1223  Act of 1974 to eligible employees and provides qualifying health
 1224  care claims information submissions on a quarterly basis.
 1225         (c) “Qualifying health care claims information submission”
 1226  means the submission of health care claims information on
 1227  eligible employees to the contract vendor selected by the Agency
 1228  for Health Care Administration pursuant to s. 408.05(3)(c).
 1229         (2) A credit against the tax imposed by this chapter is
 1230  authorized for quarterly qualifying health care claims
 1231  information submissions made by an eligible employer. The credit
 1232  is equal to the number of eligible employees included on each
 1233  qualifying health care claims information submission multiplied
 1234  by $50. The credit must be claimed on the next annual return
 1235  filed by the corporation under this chapter. The total credit
 1236  that may be claimed by a corporation under this section is
 1237  $500,000 annually.
 1238         (3) If the credit under this section is greater than can be
 1239  taken on a single tax return, excess amounts may be carried
 1240  forward for a period not to exceed 5 years.
 1241         (4) The credit provided for in this section may be taken on
 1242  a consolidated return; however, the total credit taken by the
 1243  affiliated group is subject to the limitation established under
 1244  subsection (2).
 1245         (5) A corporation may take the credit under this section
 1246  against its sales tax liability, as provided in s. 212.099;
 1247  however, a corporation that uses its credit against the tax
 1248  imposed by chapter 212 may not receive the credit provided in
 1249  this section. A credit may be taken against only one tax.
 1250         (6) Any person who fraudulently claims this credit is
 1251  liable for repayment of the credit plus a mandatory penalty of
 1252  100 percent of the credit and commits a misdemeanor of the
 1253  second degree, punishable as provided in s. 775.082 or s.
 1254  775.083.
 1255         Section 17. Subsection (3) of section 20.42, Florida
 1256  Statutes, is amended to read:
 1257         20.42 Agency for Health Care Administration.—
 1258         (3) The department shall be the chief health policy and
 1259  planning entity for the state. The department is responsible for
 1260  health facility licensure, inspection, and regulatory
 1261  enforcement; investigation of consumer complaints related to
 1262  health care facilities and managed care plans; the
 1263  implementation of the certificate of need program; the operation
 1264  of the Florida Center for Health Information and Transparency
 1265  Policy Analysis; the administration of the Medicaid program; the
 1266  administration of the contracts with the Florida Healthy Kids
 1267  Corporation; the certification of health maintenance
 1268  organizations and prepaid health clinics as set forth in part
 1269  III of chapter 641; and any other duties prescribed by statute
 1270  or agreement.
 1271         Section 18. Paragraph (c) of subsection (4) of section
 1272  381.026, Florida Statutes, is amended to read:
 1273         381.026 Florida Patient’s Bill of Rights and
 1274  Responsibilities.—
 1275         (4) RIGHTS OF PATIENTS.—Each health care facility or
 1276  provider shall observe the following standards:
 1277         (c) Financial information and disclosure.—
 1278         1. A patient has the right to be given, upon request, by
 1279  the responsible provider, his or her designee, or a
 1280  representative of the health care facility full information and
 1281  necessary counseling on the availability of known financial
 1282  resources for the patient’s health care.
 1283         2. A health care provider or a health care facility shall,
 1284  upon request, disclose to each patient who is eligible for
 1285  Medicare, before treatment, whether the health care provider or
 1286  the health care facility in which the patient is receiving
 1287  medical services accepts assignment under Medicare reimbursement
 1288  as payment in full for medical services and treatment rendered
 1289  in the health care provider’s office or health care facility.
 1290         3. A primary care provider may publish a schedule of
 1291  charges for the medical services that the provider offers to
 1292  patients. The schedule must include the prices charged to an
 1293  uninsured person paying for such services by cash, check, credit
 1294  card, or debit card. The schedule must be posted in a
 1295  conspicuous place in the reception area of the provider’s office
 1296  and must include, but is not limited to, the 50 services most
 1297  frequently provided by the primary care provider. The schedule
 1298  may group services by three price levels, listing services in
 1299  each price level. The posting must be at least 15 square feet in
 1300  size. A primary care provider who publishes and maintains a
 1301  schedule of charges for medical services is exempt from the
 1302  license fee requirements for a single period of renewal of a
 1303  professional license under chapter 456 for that licensure term
 1304  and is exempt from the continuing education requirements of
 1305  chapter 456 and the rules implementing those requirements for a
 1306  single 2-year period.
 1307         4. If a primary care provider publishes a schedule of
 1308  charges pursuant to subparagraph 3., he or she must continually
 1309  post it at all times for the duration of active licensure in
 1310  this state when primary care services are provided to patients.
 1311  If a primary care provider fails to post the schedule of charges
 1312  in accordance with this subparagraph, the provider shall be
 1313  required to pay any license fee and comply with any continuing
 1314  education requirements for which an exemption was received.
 1315         5. A health care provider or a health care facility shall,
 1316  upon request, furnish a person, before the provision of medical
 1317  services, a reasonable estimate of charges for such services.
 1318  The health care provider or the health care facility shall
 1319  provide an uninsured person, before the provision of a planned
 1320  nonemergency medical service, a reasonable estimate of charges
 1321  for such service and information regarding the provider’s or
 1322  facility’s discount or charity policies for which the uninsured
 1323  person may be eligible. Such estimates by a primary care
 1324  provider must be consistent with the schedule posted under
 1325  subparagraph 3. Estimates shall, to the extent possible, be
 1326  written in language comprehensible to an ordinary layperson.
 1327  Such reasonable estimate does not preclude the health care
 1328  provider or health care facility from exceeding the estimate or
 1329  making additional charges based on changes in the patient’s
 1330  condition or treatment needs.
 1331         6. Each licensed facility, except a facility operating
 1332  exclusively as a state mental health treatment facility or as a
 1333  mobile surgical facility, not operated by the state shall make
 1334  available to the public on its Internet website or by other
 1335  electronic means a description of and a hyperlink link to the
 1336  health information performance outcome and financial data that
 1337  is disseminated published by the agency pursuant to s. 408.05(3)
 1338  s. 408.05(3)(k). The facility shall place a notice in the
 1339  reception area that such information is available electronically
 1340  and the website address. The licensed facility may indicate that
 1341  the pricing information is based on a compilation of charges for
 1342  the average patient and that each patient’s statement or bill
 1343  may vary from the average depending upon the severity of illness
 1344  and individual resources consumed. The licensed facility may
 1345  also indicate that the price of service is negotiable for
 1346  eligible patients based upon the patient’s ability to pay.
 1347         7. A patient has the right to receive a copy of an itemized
 1348  statement or bill upon request. A patient has a right to be
 1349  given an explanation of charges upon request.
 1350         Section 19. Paragraph (e) of subsection (2) of section
 1351  395.602, Florida Statutes, is amended to read:
 1352         395.602 Rural hospitals.—
 1353         (2) DEFINITIONS.—As used in this part, the term:
 1354         (e) “Rural hospital” means an acute care hospital licensed
 1355  under this chapter, having 100 or fewer licensed beds and an
 1356  emergency room, which is:
 1357         1. The sole provider within a county with a population
 1358  density of up to 100 persons per square mile;
 1359         2. An acute care hospital, in a county with a population
 1360  density of up to 100 persons per square mile, which is at least
 1361  30 minutes of travel time, on normally traveled roads under
 1362  normal traffic conditions, from any other acute care hospital
 1363  within the same county;
 1364         3. A hospital supported by a tax district or subdistrict
 1365  whose boundaries encompass a population of up to 100 persons per
 1366  square mile;
 1367         4. A hospital with a service area that has a population of
 1368  up to 100 persons per square mile. As used in this subparagraph,
 1369  the term “service area” means the fewest number of zip codes
 1370  that account for 75 percent of the hospital’s discharges for the
 1371  most recent 5-year period, based on information available from
 1372  the hospital inpatient discharge database in the Florida Center
 1373  for Health Information and Transparency Policy Analysis at the
 1374  agency; or
 1375         5. A hospital designated as a critical access hospital, as
 1376  defined in s. 408.07.
 1377  
 1378  Population densities used in this paragraph must be based upon
 1379  the most recently completed United States census. A hospital
 1380  that received funds under s. 409.9116 for a quarter beginning no
 1381  later than July 1, 2002, is deemed to have been and shall
 1382  continue to be a rural hospital from that date through June 30,
 1383  2021, if the hospital continues to have up to 100 licensed beds
 1384  and an emergency room. An acute care hospital that has not
 1385  previously been designated as a rural hospital and that meets
 1386  the criteria of this paragraph shall be granted such designation
 1387  upon application, including supporting documentation, to the
 1388  agency. A hospital that was licensed as a rural hospital during
 1389  the 2010-2011 or 2011-2012 fiscal year shall continue to be a
 1390  rural hospital from the date of designation through June 30,
 1391  2021, if the hospital continues to have up to 100 licensed beds
 1392  and an emergency room.
 1393         Section 20. Section 395.6025, Florida Statutes, is amended
 1394  to read:
 1395         395.6025 Rural hospital replacement facilities.
 1396  Notwithstanding the provisions of s. 408.036, a hospital defined
 1397  as a statutory rural hospital in accordance with s. 395.602, or
 1398  a not-for-profit operator of rural hospitals, is not required to
 1399  obtain a certificate of need for the construction of a new
 1400  hospital located in a county with a population of at least
 1401  15,000 but no more than 18,000 and a density of fewer less than
 1402  30 persons per square mile, or a replacement facility, provided
 1403  that the replacement, or new, facility is located within 10
 1404  miles of the site of the currently licensed rural hospital and
 1405  within the current primary service area. As used in this
 1406  section, the term “service area” means the fewest number of zip
 1407  codes that account for 75 percent of the hospital’s discharges
 1408  for the most recent 5-year period, based on information
 1409  available from the hospital inpatient discharge database in the
 1410  Florida Center for Health Information and Transparency Policy
 1411  Analysis at the Agency for Health Care Administration.
 1412         Section 21. Subsection (43) of section 408.07, Florida
 1413  Statutes, is amended to read:
 1414         408.07 Definitions.—As used in this chapter, with the
 1415  exception of ss. 408.031-408.045, the term:
 1416         (43) “Rural hospital” means an acute care hospital licensed
 1417  under chapter 395, having 100 or fewer licensed beds and an
 1418  emergency room, and which is:
 1419         (a) The sole provider within a county with a population
 1420  density of no greater than 100 persons per square mile;
 1421         (b) An acute care hospital, in a county with a population
 1422  density of no greater than 100 persons per square mile, which is
 1423  at least 30 minutes of travel time, on normally traveled roads
 1424  under normal traffic conditions, from another acute care
 1425  hospital within the same county;
 1426         (c) A hospital supported by a tax district or subdistrict
 1427  whose boundaries encompass a population of 100 persons or fewer
 1428  per square mile;
 1429         (d) A hospital with a service area that has a population of
 1430  100 persons or fewer per square mile. As used in this paragraph,
 1431  the term “service area” means the fewest number of zip codes
 1432  that account for 75 percent of the hospital’s discharges for the
 1433  most recent 5-year period, based on information available from
 1434  the hospital inpatient discharge database in the Florida Center
 1435  for Health Information and Transparency Policy Analysis at the
 1436  Agency for Health Care Administration; or
 1437         (e) A critical access hospital.
 1438  
 1439  Population densities used in this subsection must be based upon
 1440  the most recently completed United States census. A hospital
 1441  that received funds under s. 409.9116 for a quarter beginning no
 1442  later than July 1, 2002, is deemed to have been and shall
 1443  continue to be a rural hospital from that date through June 30,
 1444  2015, if the hospital continues to have 100 or fewer licensed
 1445  beds and an emergency room. An acute care hospital that has not
 1446  previously been designated as a rural hospital and that meets
 1447  the criteria of this subsection shall be granted such
 1448  designation upon application, including supporting
 1449  documentation, to the Agency for Health Care Administration.
 1450         Section 22. Paragraph (a) of subsection (4) of section
 1451  408.18, Florida Statutes, is amended to read:
 1452         408.18 Health Care Community Antitrust Guidance Act;
 1453  antitrust no-action letter; market-information collection and
 1454  education.—
 1455         (4)(a) Members of the health care community who seek
 1456  antitrust guidance may request a review of their proposed
 1457  business activity by the Attorney General’s office. In
 1458  conducting its review, the Attorney General’s office may seek
 1459  whatever documentation, data, or other material it deems
 1460  necessary from the Agency for Health Care Administration, the
 1461  Florida Center for Health Information and Transparency Policy
 1462  Analysis, and the Office of Insurance Regulation of the
 1463  Financial Services Commission.
 1464         Section 23. Section 465.0244, Florida Statutes, is amended
 1465  to read:
 1466         465.0244 Information disclosure.—Every pharmacy shall make
 1467  available on its Internet website a hyperlink link to the health
 1468  information performance outcome and financial data that is
 1469  disseminated published by the Agency for Health Care
 1470  Administration pursuant to s. 408.05(3) s. 408.05(3)(k) and
 1471  shall place in the area where customers receive filled
 1472  prescriptions notice that such information is available
 1473  electronically and the address of its Internet website.
 1474         Section 24. Except as otherwise expressly provided in this
 1475  act, this act shall take effect July 1, 2016.