| 1 | A bill to be entitled | 
| 2 | An act relating to health care information; providing a | 
| 3 | short title; providing purpose; amending s. 408.05, F.S.; | 
| 4 | renaming the State Center for Health Statistics; revising | 
| 5 | criteria for collection and use of certain health-related | 
| 6 | data; providing responsibilities of the Agency for Health | 
| 7 | Care Administration; providing for agency consultation | 
| 8 | with the State Consumer Health Information and Policy | 
| 9 | Advisory Council for the dissemination of certain consumer | 
| 10 | information; requiring the Florida Center for Health | 
| 11 | Information and Policy Analysis to provide certain | 
| 12 | technical assistance services; authorizing the agency to | 
| 13 | monitor certain grants; removing a provision that | 
| 14 | establishes the Comprehensive Health Information System | 
| 15 | Trust Fund as the repository of certain funds; renaming | 
| 16 | the State Comprehensive Health Information System Advisory | 
| 17 | Council; providing for duties and responsibilities of the | 
| 18 | State Consumer Health Information and Policy Advisory | 
| 19 | Council; providing for membership, terms, officers, and | 
| 20 | meetings; amending s. 408.061, F.S.; providing for health | 
| 21 | care providers to submit additional data to the agency; | 
| 22 | correcting a reference; amending s. 408.062, F.S.; | 
| 23 | revising provisions relating to availability of specified | 
| 24 | information on the agency's Internet website; requiring a | 
| 25 | report; removing an obsolete provision; authorizing the | 
| 26 | agency to develop an electronic health information | 
| 27 | network; amending ss. 20.42, 381.001, 395.602, 395.6025, | 
| 28 | 408.07, and 408.18, F.S.; conforming references to changes | 
| 29 | made by the act; amending ss. 381.026, 395.301, 465.0244, | 
| 30 | 627.6499, and 641.54, F.S.; conforming a cross-reference; | 
| 31 | providing an effective date. | 
| 32 | 
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| 33 | Be It Enacted by the Legislature of the State of Florida: | 
| 34 | 
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| 35 | Section 1.  This act may be cited as the "Coordinated | 
| 36 | Health Care Information and Transparency Act of 2006." | 
| 37 | Section 2.  The purpose of this act is to provide better | 
| 38 | coordination of health information for purposes of public | 
| 39 | health, policy analysis, and transparency of consumer health | 
| 40 | care information. | 
| 41 | Section 3.  Section 408.05, Florida Statutes, is amended to | 
| 42 | read: | 
| 43 | 408.05  Florida StateCenter for Health Information and | 
| 44 | Policy Analysis Statistics.-- | 
| 45 | (1)  ESTABLISHMENT.--The agency shall establish a Florida | 
| 46 | StateCenter for Health Information and Policy Analysis | 
| 47 | Statistics. The center shall establish a comprehensive health | 
| 48 | information system to provide for the collection, compilation, | 
| 49 | coordination, analysis, indexing, dissemination, and utilization | 
| 50 | of both purposefully collected and extant health-related data | 
| 51 | and statistics. The center shall be staffed with public health | 
| 52 | experts, biostatisticians, information system analysts, health | 
| 53 | policy experts, economists, and other staff necessary to carry | 
| 54 | out its functions. | 
| 55 | (2)  HEALTH-RELATED DATA STATISTICS.--The comprehensive | 
| 56 | health information system operated by the Florida StateCenter | 
| 57 | for Health Information and Policy Analysis Statisticsshall | 
| 58 | identify the best available data sources and coordinate the | 
| 59 | compilation of extant health-related data and statistics and | 
| 60 | purposefully collect data on: | 
| 61 | (a)  The extent and nature of illness and disability of the | 
| 62 | state population, including life expectancy, the incidence of | 
| 63 | various acute and chronic illnesses, and infant and maternal | 
| 64 | morbidity and mortality. | 
| 65 | (b)  The impact of illness and disability of the state | 
| 66 | population on the state economy and on other aspects of the | 
| 67 | well-being of the people in this state. | 
| 68 | (c)  Environmental, social, and other health hazards. | 
| 69 | (d)  Health knowledge and practices of the people in this | 
| 70 | state and determinants of health and nutritional practices and | 
| 71 | status. | 
| 72 | (e)  Health resources, including physicians, dentists, | 
| 73 | nurses, and other health professionals, by specialty and type of | 
| 74 | practice and acute, long-term care and other institutional care | 
| 75 | facility supplies and specific services provided by hospitals, | 
| 76 | nursing homes, home health agencies, and other health care | 
| 77 | facilities. | 
| 78 | (f)  Utilization of health care by type of provider. | 
| 79 | (g)  Health care costs and financing, including trends in | 
| 80 | health care prices and costs, the sources of payment for health | 
| 81 | care services, and federal, state, and local expenditures for | 
| 82 | health care. | 
| 83 | (h)  Family formation, growth, and dissolution. | 
| 84 | (i)  The extent of public and private health insurance | 
| 85 | coverage in this state. | 
| 86 | (j)  The quality of care provided by various health care | 
| 87 | providers. | 
| 88 | (3)  COMPREHENSIVE HEALTH INFORMATION SYSTEM.--In order to | 
| 89 | produce comparable and uniform health information and statistics | 
| 90 | for the development of policy recommendations, the agency shall | 
| 91 | perform the following functions: | 
| 92 | (a)  Coordinate the activities of state agencies involved | 
| 93 | in the design and implementation of the comprehensive health | 
| 94 | information system. | 
| 95 | (b)  Undertake research, development, and evaluation | 
| 96 | respecting the comprehensive health information system. | 
| 97 | (c)  Review the statistical activities of state agencies to | 
| 98 | ensure the Department of Health to assurethat they are | 
| 99 | consistent with the comprehensive health information system. | 
| 100 | (d)  Develop written agreements with local, state, and | 
| 101 | federal agencies for the sharing of health-care-related data or | 
| 102 | using the facilities and services of such agencies. State | 
| 103 | agencies, local health councils, and other agencies under state | 
| 104 | contract with the Department of Healthshall assist the center | 
| 105 | in obtaining, compiling, and transferring health-care-related | 
| 106 | data maintained by state and local agencies. Written agreements | 
| 107 | must specify the types, methods, and periodicity of data | 
| 108 | exchanges and specify the types of data that will be transferred | 
| 109 | to the center. | 
| 110 | (e) The agency shallEstablish by rule the types of data | 
| 111 | collected, compiled, processed, used, or shared. Decisions | 
| 112 | regarding center data sets should be made based on consultation | 
| 113 | with the State Consumer ComprehensiveHealth Information and | 
| 114 | Policy SystemAdvisory Council and other public and private | 
| 115 | users regarding the types of data which should be collected and | 
| 116 | their uses. | 
| 117 | (f)The center shall establish standardized means for | 
| 118 | collecting health information and statistics under laws and | 
| 119 | rules administered by the agency. | 
| 120 | (f) (g)Establish minimum health-care-related data sets | 
| 121 | which are necessary on a continuing basis to fulfill the | 
| 122 | collection requirements of the center and which shall be used by | 
| 123 | state agencies in collecting and compiling health-care-related | 
| 124 | data. The agency shall periodically review ongoing health care | 
| 125 | data collections of the Department of Health and other state | 
| 126 | agencies to determine if the collections are being conducted in | 
| 127 | accordance with the established minimum sets of data. | 
| 128 | (g) (h)Establish advisory standards to ensureassurethe | 
| 129 | quality of health statistical and epidemiological data | 
| 130 | collection, processing, and analysis by local, state, and | 
| 131 | private organizations. | 
| 132 | (h) (i)Prescribe standards for the publication of health- | 
| 133 | care-related data reported pursuant to this section which ensure | 
| 134 | the reporting of accurate, valid, reliable, complete, and | 
| 135 | comparable data. Such standards should include advisory warnings | 
| 136 | to users of the data regarding the status and quality of any | 
| 137 | data reported by or available from the center. | 
| 138 | (i) (j)Prescribe standards for the maintenance and | 
| 139 | preservation of the center's data. This should include methods | 
| 140 | for archiving data, retrieval of archived data, and data editing | 
| 141 | and verification. | 
| 142 | (j) (k)Ensure that strict quality control measures are | 
| 143 | maintained for the dissemination of data through publications, | 
| 144 | studies, or user requests. | 
| 145 | (k) (l)Develop, in conjunction with the State Consumer | 
| 146 | ComprehensiveHealth Information and PolicySystemAdvisory | 
| 147 | Council, and implement a long-range plan for making available | 
| 148 | health care quality measures performance outcomeand financial | 
| 149 | data that will allow consumers to compare health care services. | 
| 150 | The health care quality measures performance outcomesand | 
| 151 | financial data the agency must make available shall include, but | 
| 152 | is not limited to, pharmaceuticals, physicians, health care | 
| 153 | facilities, and health plans and managed care entities. The | 
| 154 | agency shall submit the initial plan to the Governor, the | 
| 155 | President of the Senate, and the Speaker of the House of | 
| 156 | Representatives by January 1, 2006, and shall update the plan | 
| 157 | and report on the status of its implementation annually | 
| 158 | thereafter. The agency shall also make the plan and status | 
| 159 | report available to the public on its Internet website. As part | 
| 160 | of the plan, the agency shall identify the process and | 
| 161 | timeframes for implementation, any barriers to implementation, | 
| 162 | and recommendations of changes in the law that may be enacted by | 
| 163 | the Legislature to eliminate the barriers. As preliminary | 
| 164 | elements of the plan, the agency shall: | 
| 165 | 1.  Make available health care quality measures that | 
| 166 | include, but are not limited to, process measures, patient | 
| 167 | safety measures, inpatient quality indicators, performance | 
| 168 | measures, outcomeand patient charge data collected from health | 
| 169 | care facilities pursuant to s. 408.061(1)(a) and (2). The agency | 
| 170 | shall determine which conditions, andprocedures, health care | 
| 171 | quality measures performance outcomes, and patient charge data | 
| 172 | to disclose based upon input from the council. When determining | 
| 173 | which conditions and procedures are to be disclosed, the council | 
| 174 | and the agency shall consider variation in costs, variation in | 
| 175 | outcomes, and magnitude of variations and other relevant | 
| 176 | information. When determining which health care quality measures | 
| 177 | performance outcomesto disclose, the agency: | 
| 178 | a.  Shall consider such factors as volume of cases; average | 
| 179 | patient charges; average length of stay; complication rates; | 
| 180 | mortality rates; and infection rates, among others, which shall | 
| 181 | be adjusted for case mix and severity, if applicable. | 
| 182 | b.  May consider such additional measures that are adopted | 
| 183 | by the Centers for Medicare and Medicaid Studies, National | 
| 184 | Quality Forum, the Joint Commission on Accreditation of | 
| 185 | Healthcare Organizations, the Agency for Healthcare Research and | 
| 186 | Quality, Centers for Disease Control and Prevention, or a | 
| 187 | similar national entity that establishes standards to measure | 
| 188 | the performance of health care providers, or by other states. | 
| 189 | 
 | 
| 190 | When determining which patient charge data to disclose, the | 
| 191 | agency shall consider such measures as average charge, average | 
| 192 | net revenue per adjusted patient day, average cost per adjusted | 
| 193 | patient day, and average cost per admission, among others. | 
| 194 | 2.  Make available performance measures, benefit design, | 
| 195 | and premium cost data from health plans licensed pursuant to | 
| 196 | chapter 627 or chapter 641. The agency shall determine which | 
| 197 | health care quality measures performance outcomeand member and | 
| 198 | subscriber cost data to disclose, based upon input from the | 
| 199 | council. When determining which data to disclose, the agency | 
| 200 | shall consider information that may be required by either | 
| 201 | individual or group purchasers to assess the value of the | 
| 202 | product, which may include membership satisfaction, quality of | 
| 203 | care, current enrollment or membership, coverage areas, | 
| 204 | accreditation status, premium costs, plan costs, premium | 
| 205 | increases, range of benefits, copayments and deductibles, | 
| 206 | accuracy and speed of claims payment, credentials of physicians, | 
| 207 | number of providers, names of network providers, and hospitals | 
| 208 | in the network. Health plans shall make available to the agency | 
| 209 | any such data or information that is not currently reported to | 
| 210 | the agency or the office. | 
| 211 | 3.  Determine the method and format for public disclosure | 
| 212 | of data reported pursuant to this paragraph. The agency shall | 
| 213 | make its determination based upon input from the State Consumer | 
| 214 | ComprehensiveHealth Information and PolicySystemAdvisory | 
| 215 | Council. At a minimum, the data shall be made available on the | 
| 216 | agency's Internet website in a manner that allows consumers to | 
| 217 | conduct an interactive search that allows them to view and | 
| 218 | compare the information for specific providers. The website must | 
| 219 | include such additional information as is determined necessary | 
| 220 | to ensure that the website enhances informed decisionmaking | 
| 221 | among consumers and health care purchasers, which shall include, | 
| 222 | at a minimum, appropriate guidance on how to use the data and an | 
| 223 | explanation of why the data may vary from provider to provider. | 
| 224 | The data specified in subparagraph 1. shall be released no later | 
| 225 | than January 1, 2006, for the reporting of infection rates, and | 
| 226 | no later than October 1, 2005, for mortality rates and | 
| 227 | complication rates. The data specified in subparagraph 2. shall | 
| 228 | be released no later than October 1, 2006. | 
| 229 | (4)  TECHNICAL ASSISTANCE.-- | 
| 230 | (a)  The center shall provide technical assistance to | 
| 231 | persons or organizations engaged in health planning activities | 
| 232 | in the effective use of statistics collected and compiled by the | 
| 233 | center. The center shall also provide the following additional | 
| 234 | technical assistance services: | 
| 235 | 1. (a)Establish procedures identifying the circumstances | 
| 236 | under which, the places at which, the persons from whom, and the | 
| 237 | methods by which a person may secure data from the center, | 
| 238 | including procedures governing requests, the ordering of | 
| 239 | requests, timeframes for handling requests, and other procedures | 
| 240 | necessary to facilitate the use of the center's data. To the | 
| 241 | extent possible, the center should provide current data timely | 
| 242 | in response to requests from public or private agencies. | 
| 243 | 2. (b)Provide assistance to data sources and users in the | 
| 244 | areas of database design, survey design, sampling procedures, | 
| 245 | statistical interpretation, and data access to promote improved | 
| 246 | health-care-related data sets. | 
| 247 | 3. (c)Identify health care data gaps and provide technical | 
| 248 | assistance to seek cooperative agreements withother public or | 
| 249 | private organizations for meeting documented health care data | 
| 250 | needs. | 
| 251 | 4. (d)Assist other organizations in developing statistical | 
| 252 | abstracts of their data sets that could be used by the center. | 
| 253 | 5. (e)Provide statistical support to state agencies with | 
| 254 | regard to the use of databases maintained by the center. | 
| 255 | 6. (f)To the extent possible, respond to multiple requests | 
| 256 | for information not currently collected by the center or | 
| 257 | available from other sources by initiating data collection. | 
| 258 | 7. (g)Maintain detailed information on data maintained by | 
| 259 | other local, state, federal, and private agencies in order to | 
| 260 | advise those who use the center of potential sources of data | 
| 261 | which are requested but which are not available from the center. | 
| 262 | 8. (h)Respond to requests for data which are not available | 
| 263 | in published form by initiating special computer runs on data | 
| 264 | sets available to the center. | 
| 265 | 9.  Monitor innovations in health information technology, | 
| 266 | informatics, and the exchange of health information and maintain | 
| 267 | a repository of technical resources to support the development | 
| 268 | of a health information network. | 
| 269 | (b)  The agency shall administer, manage, and monitor | 
| 270 | grants to not-for-profit organizations, regional health | 
| 271 | information organizations, public health departments, or state | 
| 272 | agencies that submit proposals for planning, implementation, or | 
| 273 | training projects to advance the development of a health | 
| 274 | information network. Any grant contract shall be evaluated to | 
| 275 | ensure the effective outcome of the health information project. | 
| 276 | (c)  The agency shall initiate, oversee, manage, and | 
| 277 | evaluate the integration of health care data from each state | 
| 278 | agency that collects, stores, and reports on health care issues | 
| 279 | and make that data available to any health care practitioner | 
| 280 | through a state health information network. | 
| 281 | (5)  PUBLICATIONS; REPORTS; SPECIAL STUDIES.--The center | 
| 282 | shall provide for the widespread dissemination of data which it | 
| 283 | collects and analyzes. The center shall have the following | 
| 284 | publication, reporting, and special study functions: | 
| 285 | (a)  The center shall publish and make available | 
| 286 | periodically to agencies and individuals health statistics | 
| 287 | publications of general interest, including health plan consumer | 
| 288 | reports and health maintenance organization member satisfaction | 
| 289 | surveys HMO report cards; publications providing health | 
| 290 | statistics on topical health policy issues; publications that | 
| 291 | provide health status profiles of the people in this state; and | 
| 292 | other topical health statistics publications. | 
| 293 | (b)  The center shall publish, make available, and | 
| 294 | disseminate, promptly and as widely as practicable, the results | 
| 295 | of special health surveys, health care research, and health care | 
| 296 | evaluations conducted or supported under this section. Any | 
| 297 | publication by the center must include a statement of the | 
| 298 | limitations on the quality, accuracy, and completeness of the | 
| 299 | data. | 
| 300 | (c)  The center shall provide indexing, abstracting, | 
| 301 | translation, publication, and other services leading to a more | 
| 302 | effective and timely dissemination of health care statistics. | 
| 303 | (d)  The center shall be responsible for publishing and | 
| 304 | disseminating an annual report on the center's activities. | 
| 305 | (e)  The center shall be responsible, to the extent | 
| 306 | resources are available, for conducting a variety of special | 
| 307 | studies and surveys to expand the health care information and | 
| 308 | statistics available for health policy analyses, particularly | 
| 309 | for the review of public policy issues. The center shall develop | 
| 310 | a process by which users of the center's data are periodically | 
| 311 | surveyed regarding critical data needs and the results of the | 
| 312 | survey considered in determining which special surveys or | 
| 313 | studies will be conducted. The center shall select problems in | 
| 314 | health care for research, policy analyses, or special data | 
| 315 | collections on the basis of their local, regional, or state | 
| 316 | importance; the unique potential for definitive research on the | 
| 317 | problem; and opportunities for application of the study | 
| 318 | findings. | 
| 319 | (6)  PROVIDER DATA REPORTING.--This section does not confer | 
| 320 | on the agency the power to demand or require that a health care | 
| 321 | provider or professional furnish information, records of | 
| 322 | interviews, written reports, statements, notes, memoranda, or | 
| 323 | data other than as expressly required by law. | 
| 324 | (7)  BUDGET; FEES ; TRUST FUND.-- | 
| 325 | (a)  The Legislature intends that funding for the Florida | 
| 326 | StateCenter for Health Information and Policy Analysis | 
| 327 | Statisticsbe appropriated from the General Revenue Fund. | 
| 328 | (b)  The Florida StateCenter for Health Information and | 
| 329 | Policy Analysis Statisticsmay apply for and receive and accept | 
| 330 | grants, gifts, and other payments, including property and | 
| 331 | services, from any governmental or other public or private | 
| 332 | entity or person and make arrangements as to the use of same, | 
| 333 | including the undertaking of special studies and other projects | 
| 334 | relating to health-care-related topics. Funds obtained pursuant | 
| 335 | to this paragraph may not be used to offset annual | 
| 336 | appropriations from the General Revenue Fund. | 
| 337 | (c)  The center may charge such reasonable fees for | 
| 338 | services as the agency prescribes by rule. The established fees | 
| 339 | may not exceed the reasonable cost for such services. Fees | 
| 340 | collected may not be used to offset annual appropriations from | 
| 341 | the General Revenue Fund. | 
| 342 | (d)  The agency shall establish a Comprehensive Health | 
| 343 | Information System Trust Fund as the repository of all funds | 
| 344 | appropriated to, and fees and grants collected for, services of | 
| 345 | the State Center for Health Statistics. Any funds, other than | 
| 346 | funds appropriated to the center from the General Revenue Fund, | 
| 347 | which are raised or collected by the agency for the operation of | 
| 348 | the center and which are not needed to meet the expenses of the | 
| 349 | center for its current fiscal year shall be available to the | 
| 350 | agency in succeeding years. | 
| 351 | (8)  STATE CONSUMER COMPREHENSIVEHEALTH INFORMATION AND | 
| 352 | POLICY SYSTEMADVISORY COUNCIL.-- | 
| 353 | (a)  There is established in the agency the State Consumer | 
| 354 | ComprehensiveHealth Information and PolicySystemAdvisory | 
| 355 | Council to assist the center in reviewing the comprehensive | 
| 356 | health information system, including the identification, | 
| 357 | collection, standardization, sharing, and coordination of | 
| 358 | health-related data, fraud and abuse data, and professional and | 
| 359 | facility licensing data among federal, state, local, and private | 
| 360 | entities and to recommend improvements for purposes of public | 
| 361 | health, policy analysis, and transparency of consumer health | 
| 362 | care information such system. The council shall consist of the | 
| 363 | following members: | 
| 364 | 1.  An employee of the Executive Office of the Governor, to | 
| 365 | be appointed by the Governor. | 
| 366 | 2.  An employee of the Office of Insurance Regulation, to | 
| 367 | be appointed by the director of the office. | 
| 368 | 3.  An employee of the Department of Education, to be | 
| 369 | appointed by the Commissioner of Education. | 
| 370 | 4.  Ten persons, to be appointed by the Secretary of Health | 
| 371 | Care Administration, representing other state and local | 
| 372 | agencies, state universities, business and health the Florida | 
| 373 | Association of Business/Healthcoalitions, local health | 
| 374 | councils, professional health-care-related associations, | 
| 375 | consumers, and purchasers. | 
| 376 | (b)  Each member of the council shall be appointed to serve | 
| 377 | for a term of 2 4years followingfromthe date of appointment, | 
| 378 | except the term of appointment shall end 3 years following the | 
| 379 | date of appointment for members appointed in 2003, 2004, and | 
| 380 | 2005. thatA vacancy shall be filled by appointment for the | 
| 381 | remainder of the term, and each appointing authority retains the | 
| 382 | right to reappoint members whose terms of appointment have | 
| 383 | expired. and except that: | 
| 384 | 1.  Three of the members initially appointed by the | 
| 385 | Director of Health Care Administration shall each be appointed | 
| 386 | for a term of 3 years. | 
| 387 | 2.  Two of the members initially appointed by the Director | 
| 388 | of Health Care Administration shall each be appointed for a term | 
| 389 | of 2 years. | 
| 390 | 3.  Two of the members initially appointed by the Director | 
| 391 | of Health Care Administration shall each be appointed for a term | 
| 392 | of 1 year. | 
| 393 | (c)  The council may meet at the call of its chair, at the | 
| 394 | request of the agency department, or at the request of a | 
| 395 | majority of its membership, but the council must meet at least | 
| 396 | quarterly. | 
| 397 | (d)  Members shall elect a chair and vice chair annually. | 
| 398 | (e)  A majority of the members constitutes a quorum, and | 
| 399 | the affirmative vote of a majority of a quorum is necessary to | 
| 400 | take action. | 
| 401 | (f)  The council shall maintain minutes of each meeting and | 
| 402 | shall make such minutes available to any person. | 
| 403 | (g)  Members of the council shall serve without | 
| 404 | compensation but shall be entitled to receive reimbursement for | 
| 405 | per diem and travel expenses as provided in s. 112.061. | 
| 406 | (h)  The council's duties and responsibilities include, but | 
| 407 | are not limited to, the following: | 
| 408 | 1.  To develop a mission statement, goals, and a plan of | 
| 409 | action based on the guiding principles specified in s. 282.3032 | 
| 410 | for the identification, collection, standardization, sharing, | 
| 411 | and coordination of health-related data across federal, state, | 
| 412 | and local government and private-sector entities. | 
| 413 | 2.  To develop a review process to ensure cooperative | 
| 414 | planning among agencies that collect or maintain health-related | 
| 415 | data. | 
| 416 | 3.  To create ad hoc issue-oriented technical workgroups on | 
| 417 | an as-needed basis to make recommendations to the council. | 
| 418 | (9)  APPLICATION TO OTHER AGENCIES.--Nothing in this | 
| 419 | section shall limit, restrict, affect, or control the | 
| 420 | collection, analysis, release, or publication of data by any | 
| 421 | state agency pursuant to its statutory authority, duties, or | 
| 422 | responsibilities. | 
| 423 | Section 4.  Paragraph (b) of subsection (1) and subsection | 
| 424 | (10) of section 408.061, Florida Statutes, are amended to read: | 
| 425 | 408.061  Data collection; uniform systems of financial | 
| 426 | reporting; information relating to physician charges; | 
| 427 | confidential information; immunity.-- | 
| 428 | (1)  The agency shall require the submission by health care | 
| 429 | facilities, health care providers, and health insurers of data | 
| 430 | necessary to carry out the agency's duties. Specifications for | 
| 431 | data to be collected under this section shall be developed by | 
| 432 | the agency with the assistance of technical advisory panels | 
| 433 | including representatives of affected entities, consumers, | 
| 434 | purchasers, and such other interested parties as may be | 
| 435 | determined by the agency. | 
| 436 | (b)  Data to be submitted by health care providers may | 
| 437 | include, but are not limited to: professional organization and | 
| 438 | specialty board affiliations, Medicare and Medicaid | 
| 439 | participation, types of services offered to patients, amount of | 
| 440 | revenue and expenses of the health care provider, and such other | 
| 441 | data which are reasonably necessary to study utilization | 
| 442 | patterns. Data submitted shall be certified by the appropriate | 
| 443 | duly authorized representative or employee of the health care | 
| 444 | provider that the information submitted is true and accurate. | 
| 445 | (10)  The agency shall be the primary source for collection | 
| 446 | and dissemination of health care data. No other agency of state | 
| 447 | government may gather data from a health care provider licensed | 
| 448 | or regulated under this chapter without first determining if the | 
| 449 | data is currently being collected by the agency and | 
| 450 | affirmatively demonstrating that it would be more cost-effective | 
| 451 | for an agency of state government other than the agency to | 
| 452 | gather the health care data. The secretary directorshall ensure | 
| 453 | that health care data collected by the divisions within the | 
| 454 | agency is coordinated. It is the express intent of the | 
| 455 | Legislature that all health care data be collected by a single | 
| 456 | source within the agency and that other divisions within the | 
| 457 | agency, and all other agencies of state government, obtain data | 
| 458 | for analysis, regulation, and public dissemination purposes from | 
| 459 | that single source. Confidential information may be released to | 
| 460 | other governmental entities or to parties contracting with the | 
| 461 | agency to perform agency duties or functions as needed in | 
| 462 | connection with the performance of the duties of the receiving | 
| 463 | entity. The receiving entity or party shall retain the | 
| 464 | confidentiality of such information as provided for herein. | 
| 465 | Section 5.  Paragraphs (h) and (j) of subsection (1) and | 
| 466 | subsections (2) and (5) of section 408.062, Florida Statutes, | 
| 467 | are amended to read: | 
| 468 | 408.062  Research, analyses, studies, and reports.-- | 
| 469 | (1)  The agency shall conduct research, analyses, and | 
| 470 | studies relating to health care costs and access to and quality | 
| 471 | of health care services as access and quality are affected by | 
| 472 | changes in health care costs. Such research, analyses, and | 
| 473 | studies shall include, but not be limited to: | 
| 474 | (h)  The collection of a statistically valid sample of data | 
| 475 | on the retail prices charged by pharmacies for the 100 50most | 
| 476 | frequently prescribed medicines from any pharmacy licensed by | 
| 477 | this state as a special study authorized by the Legislature to | 
| 478 | be performed by the agency quarterly. If the drug is available | 
| 479 | generically, price data shall be reported for the generic drug | 
| 480 | and price data of a brand-named drug for which the generic drug | 
| 481 | is the equivalent shall be reported. The agency shall make | 
| 482 | available on its Internet website for each pharmacy, no later | 
| 483 | than October 1, 2006 2005, drug prices for a 30-day supply at a | 
| 484 | standard dose. The data collected shall be reported for each | 
| 485 | drug by pharmacy and by metropolitan statistical area or region | 
| 486 | and updated quarterly. | 
| 487 | (j)  The making available on its Internet website beginning | 
| 488 | no later than October 1, 2004, and in a hard-copy format upon | 
| 489 | request, of patient charge, volumes, length of stay, and | 
| 490 | performance outcomeindicators collected from health care | 
| 491 | facilities pursuant to s. 408.061(1)(a) for specific medical | 
| 492 | conditions, surgeries, and procedures provided in inpatient and | 
| 493 | outpatient facilities as determined by the agency. In making the | 
| 494 | determination of specific medical conditions, surgeries, and | 
| 495 | procedures to include, the agency shall consider such factors as | 
| 496 | volume, severity of the illness, urgency of admission, | 
| 497 | individual and societal costs, and whether the condition is | 
| 498 | acute or chronic. Performance outcomeindicators shall be risk | 
| 499 | adjusted or severity adjusted, as applicable, using nationally | 
| 500 | recognized risk adjustment methodologies or software consistent | 
| 501 | with the standards of the Agency for Healthcare Research and | 
| 502 | Quality and as selected by the agency. The website shall also | 
| 503 | provide an interactive search that allows consumers to view and | 
| 504 | compare the information for specific facilities, a map that | 
| 505 | allows consumers to select a county or region, definitions of | 
| 506 | all of the data, descriptions of each procedure, and an | 
| 507 | explanation about why the data may differ from facility to | 
| 508 | facility. Such public data shall be updated quarterly. The | 
| 509 | agency shall submit an annual status report on the collection of | 
| 510 | data and publication of health care quality measures performance | 
| 511 | outcome indicatorsto the Governor, the Speaker of the House of | 
| 512 | Representatives, the President of the Senate, and the | 
| 513 | substantive legislative committees with the first status report | 
| 514 | due January 1, 2005. | 
| 515 | (2)  The agency may assess annually the caesarean section | 
| 516 | rate in Florida hospitals using the analysis methodology that | 
| 517 | the agency determines most appropriate. The data from this | 
| 518 | assessment shall be published periodically on the agency's | 
| 519 | Internet website. To assist the agency in determining the impact | 
| 520 | of this chapter on Florida hospitals' caesarean section rates, | 
| 521 | each provider hospital, as defined in s. 383.336, shall notify | 
| 522 | the agency of the date of implementation of the practice | 
| 523 | parameters and the date of the first meeting of the hospital | 
| 524 | peer review board created pursuant to this chapter. The agency | 
| 525 | shall use these dates in monitoring any change in provider | 
| 526 | hospital caesarean section rates. An annual report based on this | 
| 527 | monitoring and assessment shall be submitted to the Governor, | 
| 528 | the Speaker of the House of Representatives, and the President | 
| 529 | of the Senate by the agency, with the first annual report due | 
| 530 | January 1, 1993. | 
| 531 | (5)  The agency shall develop and implement a strategy for | 
| 532 | the adoption and use of electronic health records, including the | 
| 533 | development of an electronic health information network for the | 
| 534 | sharing of electronic health records among health care | 
| 535 | facilities, health care providers, and health insurers. The | 
| 536 | agency may develop rules to facilitate the functionality and | 
| 537 | protect the confidentiality of electronic health records. The | 
| 538 | agency shall report to the Governor, the Speaker of the House of | 
| 539 | Representatives, and the President of the Senate on legislative | 
| 540 | recommendations to protect the confidentiality of electronic | 
| 541 | health records. | 
| 542 | Section 6.  Subsection (3) of section 20.42, Florida | 
| 543 | Statutes, is amended to read: | 
| 544 | 20.42  Agency for Health Care Administration.-- | 
| 545 | (3)  The department shall be the chief health policy and | 
| 546 | planning entity for the state. The department is responsible for | 
| 547 | health facility licensure, inspection, and regulatory | 
| 548 | enforcement; investigation of consumer complaints related to | 
| 549 | health care facilities and managed care plans; the | 
| 550 | implementation of the certificate of need program; the operation | 
| 551 | of the Florida StateCenter for Health Information and Policy | 
| 552 | Analysis Statistics; the administration of the Medicaid program; | 
| 553 | the administration of the contracts with the Florida Healthy | 
| 554 | Kids Corporation; the certification of health maintenance | 
| 555 | organizations and prepaid health clinics as set forth in part | 
| 556 | III of chapter 641; and any other duties prescribed by statute | 
| 557 | or agreement. | 
| 558 | Section 7.  Subsection (3) of section 381.001, Florida | 
| 559 | Statutes, is amended to read: | 
| 560 | 381.001  Legislative intent; public health system.-- | 
| 561 | (3)  It is, furthermore, the intent of the Legislature that | 
| 562 | the public health system include comprehensive planning, data | 
| 563 | collection, technical support, and health resource development | 
| 564 | functions. These functions include, but are not limited to, | 
| 565 | state laboratory and pharmacy services, the state vital | 
| 566 | statistics system, the Florida StateCenter for Health | 
| 567 | Information and Policy Analysis Statistics, emergency medical | 
| 568 | services coordination and support, and recruitment, retention, | 
| 569 | and development of preventive and primary health care | 
| 570 | professionals and managers. | 
| 571 | Section 8.  Paragraph (e) of subsection (2) of section | 
| 572 | 395.602, Florida Statutes, is amended to read: | 
| 573 | 395.602  Rural hospitals.-- | 
| 574 | (2)  DEFINITIONS.--As used in this part: | 
| 575 | (e)  "Rural hospital" means an acute care hospital licensed | 
| 576 | under this chapter, having 100 or fewer licensed beds and an | 
| 577 | emergency room, which is: | 
| 578 | 1.  The sole provider within a county with a population | 
| 579 | density of no greater than 100 persons per square mile; | 
| 580 | 2.  An acute care hospital, in a county with a population | 
| 581 | density of no greater than 100 persons per square mile, which is | 
| 582 | at least 30 minutes of travel time, on normally traveled roads | 
| 583 | under normal traffic conditions, from any other acute care | 
| 584 | hospital within the same county; | 
| 585 | 3.  A hospital supported by a tax district or subdistrict | 
| 586 | whose boundaries encompass a population of 100 persons or fewer | 
| 587 | per square mile; | 
| 588 | 4.  A hospital in a constitutional charter county with a | 
| 589 | population of over 1 million persons that has imposed a local | 
| 590 | option health service tax pursuant to law and in an area that | 
| 591 | was directly impacted by a catastrophic event on August 24, | 
| 592 | 1992, for which the Governor of Florida declared a state of | 
| 593 | emergency pursuant to chapter 125, and has 120 beds or less that | 
| 594 | serves an agricultural community with an emergency room | 
| 595 | utilization of no less than 20,000 visits and a Medicaid | 
| 596 | inpatient utilization rate greater than 15 percent; | 
| 597 | 5.  A hospital with a service area that has a population of | 
| 598 | 100 persons or fewer per square mile. As used in this | 
| 599 | subparagraph, the term "service area" means the fewest number of | 
| 600 | zip codes that account for 75 percent of the hospital's | 
| 601 | discharges for the most recent 5-year period, based on | 
| 602 | information available from the hospital inpatient discharge | 
| 603 | database in the Florida StateCenter for Health Information and | 
| 604 | Policy Analysis Statisticsat the Agency for Health Care | 
| 605 | Administration; or | 
| 606 | 6.  A hospital designated as a critical access hospital, as | 
| 607 | defined in s. 408.07(15). | 
| 608 | 
 | 
| 609 | Population densities used in this paragraph must be based upon | 
| 610 | the most recently completed United States census. A hospital | 
| 611 | that received funds under s. 409.9116 for a quarter beginning no | 
| 612 | later than July 1, 2002, is deemed to have been and shall | 
| 613 | continue to be a rural hospital from that date through June 30, | 
| 614 | 2012, if the hospital continues to have 100 or fewer licensed | 
| 615 | beds and an emergency room, or meets the criteria of | 
| 616 | subparagraph 4. An acute care hospital that has not previously | 
| 617 | been designated as a rural hospital and that meets the criteria | 
| 618 | of this paragraph shall be granted such designation upon | 
| 619 | application, including supporting documentation to the Agency | 
| 620 | for Health Care Administration. | 
| 621 | Section 9.  Section 395.6025, Florida Statutes, is amended | 
| 622 | to read: | 
| 623 | 395.6025  Rural hospital replacement | 
| 624 | facilities.--Notwithstanding the provisions of s. 408.036, a | 
| 625 | hospital defined as a statutory rural hospital in accordance | 
| 626 | with s. 395.602, or a not-for-profit operator of rural | 
| 627 | hospitals, is not required to obtain a certificate of need for | 
| 628 | the construction of a new hospital located in a county with a | 
| 629 | population of at least 15,000 but no more than 18,000 and a | 
| 630 | density of less than 30 persons per square mile, or a | 
| 631 | replacement facility, provided that the replacement, or new, | 
| 632 | facility is located within 10 miles of the site of the currently | 
| 633 | licensed rural hospital and within the current primary service | 
| 634 | area. As used in this section, the term "service area" means the | 
| 635 | fewest number of zip codes that account for 75 percent of the | 
| 636 | hospital's discharges for the most recent 5-year period, based | 
| 637 | on information available from the hospital inpatient discharge | 
| 638 | database in the Florida StateCenter for Health Information and | 
| 639 | Policy Analysis Statisticsat the Agency for Health Care | 
| 640 | Administration. | 
| 641 | Section 10.  Paragraph (d) of subsection (43) of section | 
| 642 | 408.07, Florida Statutes, is amended to read: | 
| 643 | 408.07  Definitions.--As used in this chapter, with the | 
| 644 | exception of ss. 408.031-408.045, the term: | 
| 645 | (43)  "Rural hospital" means an acute care hospital | 
| 646 | licensed under chapter 395, having 100 or fewer licensed beds | 
| 647 | and an emergency room, and which is: | 
| 648 | (d)  A hospital with a service area that has a population | 
| 649 | of 100 persons or fewer per square mile. As used in this | 
| 650 | paragraph, the term "service area" means the fewest number of | 
| 651 | zip codes that account for 75 percent of the hospital's | 
| 652 | discharges for the most recent 5-year period, based on | 
| 653 | information available from the hospital inpatient discharge | 
| 654 | database in the Florida StateCenter for Health Information and | 
| 655 | Policy Analysis Statisticsat the Agency for Health Care | 
| 656 | Administration; or | 
| 657 | 
 | 
| 658 | Population densities used in this subsection must be based upon | 
| 659 | the most recently completed United States census. A hospital | 
| 660 | that received funds under s. 409.9116 for a quarter beginning no | 
| 661 | later than July 1, 2002, is deemed to have been and shall | 
| 662 | continue to be a rural hospital from that date through June 30, | 
| 663 | 2012, if the hospital continues to have 100 or fewer licensed | 
| 664 | beds and an emergency room, or meets the criteria of s. | 
| 665 | 395.602(2)(e)4. An acute care hospital that has not previously | 
| 666 | been designated as a rural hospital and that meets the criteria | 
| 667 | of this subsection shall be granted such designation upon | 
| 668 | application, including supporting documentation, to the Agency | 
| 669 | for Health Care Administration. | 
| 670 | Section 11.  Paragraph (a) of subsection (4) of section | 
| 671 | 408.18, Florida Statutes, is amended to read: | 
| 672 | 408.18  Health Care Community Antitrust Guidance Act; | 
| 673 | antitrust no-action letter; market-information collection and | 
| 674 | education.-- | 
| 675 | (4)(a)  Members of the health care community who seek | 
| 676 | antitrust guidance may request a review of their proposed | 
| 677 | business activity by the Attorney General's office. In | 
| 678 | conducting its review, the Attorney General's office may seek | 
| 679 | whatever documentation, data, or other material it deems | 
| 680 | necessary from the Agency for Health Care Administration, the | 
| 681 | Florida StateCenter for Health Information and Policy Analysis | 
| 682 | Statistics, and the Office of Insurance Regulation of the | 
| 683 | Financial Services Commission. | 
| 684 | Section 12.  Paragraph (c) of subsection (4) of section | 
| 685 | 381.026, Florida Statutes, is amended to read: | 
| 686 | 381.026  Florida Patient's Bill of Rights and | 
| 687 | Responsibilities.-- | 
| 688 | (4)  RIGHTS OF PATIENTS.--Each health care facility or | 
| 689 | provider shall observe the following standards: | 
| 690 | (c)  Financial information and disclosure.-- | 
| 691 | 1.  A patient has the right to be given, upon request, by | 
| 692 | the responsible provider, his or her designee, or a | 
| 693 | representative of the health care facility full information and | 
| 694 | necessary counseling on the availability of known financial | 
| 695 | resources for the patient's health care. | 
| 696 | 2.  A health care provider or a health care facility shall, | 
| 697 | upon request, disclose to each patient who is eligible for | 
| 698 | Medicare, in advance of treatment, whether the health care | 
| 699 | provider or the health care facility in which the patient is | 
| 700 | receiving medical services accepts assignment under Medicare | 
| 701 | reimbursement as payment in full for medical services and | 
| 702 | treatment rendered in the health care provider's office or | 
| 703 | health care facility. | 
| 704 | 3.  A health care provider or a health care facility shall, | 
| 705 | upon request, furnish a person, prior to provision of medical | 
| 706 | services, a reasonable estimate of charges for such services. | 
| 707 | Such reasonable estimate shall not preclude the health care | 
| 708 | provider or health care facility from exceeding the estimate or | 
| 709 | making additional charges based on changes in the patient's | 
| 710 | condition or treatment needs. | 
| 711 | 4.  Each licensed facility not operated by the state shall | 
| 712 | make available to the public on its Internet website or by other | 
| 713 | electronic means a description of and a link to the performance | 
| 714 | outcome and financial data that is published by the agency | 
| 715 | pursuant to s. 408.05(3)(k) (l). The facility shall place a | 
| 716 | notice in the reception area that such information is available | 
| 717 | electronically and the website address. The licensed facility | 
| 718 | may indicate that the pricing information is based on a | 
| 719 | compilation of charges for the average patient and that each | 
| 720 | patient's bill may vary from the average depending upon the | 
| 721 | severity of illness and individual resources consumed. The | 
| 722 | licensed facility may also indicate that the price of service is | 
| 723 | negotiable for eligible patients based upon the patient's | 
| 724 | ability to pay. | 
| 725 | 5.  A patient has the right to receive a copy of an | 
| 726 | itemized bill upon request. A patient has a right to be given an | 
| 727 | explanation of charges upon request. | 
| 728 | Section 13.  Subsection (10) of section 395.301, Florida | 
| 729 | Statutes, is amended to read: | 
| 730 | 395.301  Itemized patient bill; form and content prescribed | 
| 731 | by the agency.-- | 
| 732 | (10)  Each licensed facility shall make available on its | 
| 733 | Internet website a link to the performance outcome and financial | 
| 734 | data that is published by the Agency for Health Care | 
| 735 | Administration pursuant to s. 408.05(3)(k) (l). The facility | 
| 736 | shall place a notice in the reception area that the information | 
| 737 | is available electronically and the facility's Internet website | 
| 738 | address. | 
| 739 | Section 14.  Section 465.0244, Florida Statutes, is amended | 
| 740 | to read: | 
| 741 | 465.0244  Information disclosure.--Every pharmacy shall | 
| 742 | make available on its Internet website a link to the performance | 
| 743 | outcome and financial data that is published by the Agency for | 
| 744 | Health Care Administration pursuant to s. 408.05(3)(k) (l)and | 
| 745 | shall place in the area where customers receive filled | 
| 746 | prescriptions notice that such information is available | 
| 747 | electronically and the address of its Internet website. | 
| 748 | Section 15.  Subsection (2) of section 627.6499, Florida | 
| 749 | Statutes, is amended to read: | 
| 750 | 627.6499  Reporting by insurers and third-party | 
| 751 | administrators.-- | 
| 752 | (2)  Each health insurance issuer shall make available on | 
| 753 | its Internet website a link to the performance outcome and | 
| 754 | financial data that is published by the Agency for Health Care | 
| 755 | Administration pursuant to s. 408.05(3)(k) (l)and shall include | 
| 756 | in every policy delivered or issued for delivery to any person | 
| 757 | in the state or any materials provided as required by s. | 
| 758 | 627.64725 notice that such information is available | 
| 759 | electronically and the address of its Internet website. | 
| 760 | Section 16.  Subsection (7) of section 641.54, Florida | 
| 761 | Statutes, is amended to read: | 
| 762 | 641.54  Information disclosure.-- | 
| 763 | (7)  Each health maintenance organization shall make | 
| 764 | available on its Internet website a link to the performance | 
| 765 | outcome and financial data that is published by the Agency for | 
| 766 | Health Care Administration pursuant to s. 408.05(3)(k) (l)and | 
| 767 | shall include in every policy delivered or issued for delivery | 
| 768 | to any person in the state or any materials provided as required | 
| 769 | by s. 627.64725 notice that such information is available | 
| 770 | electronically and the address of its Internet website. | 
| 771 | Section 17.  This act shall take effect upon becoming a | 
| 772 | law. |