Florida Senate - 2014                       CS for CS for SB 782
       
       
        
       By the Committees on Appropriations; and Governmental Oversight
       and Accountability; and Senators Brandes and Sobel
       
       
       
       
       576-04202-14                                           2014782c2
    1                        A bill to be entitled                      
    2         An act relating to government data practices; amending
    3         s. 257.36, F.S.; requiring the Division of Library and
    4         Information Services of the Department of State to
    5         adopt rules providing procedures for an agency to
    6         establish schedules for the physical destruction or
    7         other disposal of records containing personal
    8         identification information; creating part IV of ch.
    9         282, F.S., consisting of s. 282.801, F.S.; providing
   10         definitions; requiring an agency that collects and
   11         maintains personal identification information to post
   12         a privacy policy on the agency’s website; prescribing
   13         minimum requirements for a privacy policy; requiring
   14         an agency to provide notice of the installation of
   15         cookies on an individual’s computer; requiring that an
   16         individual who would otherwise be granted access to an
   17         agency’s website be granted access even if he or she
   18         declines to have the cookie installed; providing an
   19         exception; requiring that privacy policy requirements
   20         be specified in a contract between a public agency and
   21         a contractor; providing exceptions; specifying that a
   22         violation does not create a civil cause of action;
   23         requiring the Office of Program Policy Analysis and
   24         Government Accountability to submit a report to the
   25         Legislature by a specified date; providing report
   26         requirements; creating s. 429.55, F.S.; requiring the
   27         Agency for Health Care Administration to provide
   28         specified data on assisted living facilities by a
   29         certain date; providing minimum requirements for such
   30         data; authorizing the agency to create a comment
   31         webpage regarding assisted living facilities;
   32         providing minimum requirements; authorizing the agency
   33         to provide links to certain third-party websites;
   34         authorizing the agency to adopt rules; amending s.
   35         408.05, F.S.; dissolving the Center for Health
   36         Information and Policy Analysis within the Agency for
   37         Health Care Administration; requiring the agency to
   38         coordinate a system to promote access to certain data
   39         and information; requiring that certain health-related
   40         data be included within the system; assigning duties
   41         to the agency relating to the collection and
   42         dissemination of data; establishing conditions for the
   43         funding of the system; requiring the Office of Program
   44         Policy Analysis and Government Accountability to
   45         monitor the agency’s implementation of the health
   46         information system; requiring the Office of Program
   47         Policy Analysis and Government Accountability to
   48         submit a report to the Legislature after completion of
   49         the implementation; providing report requirements;
   50         reenacting s. 120.54(8), F.S., relating to rulemaking,
   51         to incorporate the amendment made to s. 257.36, F.S.,
   52         in a reference thereto; amending ss. 20.42, 381.026,
   53         395.301, 395.602, 395.6025, 408.07, 408.18, 465.0244,
   54         627.6499, and 641.54, F.S.; conforming provisions to
   55         changes made by the act; providing appropriations;
   56         providing an effective date.
   57          
   58  Be It Enacted by the Legislature of the State of Florida:
   59  
   60         Section 1. Subsection (6) of section 257.36, Florida
   61  Statutes, is amended to read:
   62         257.36 Records and information management.—
   63         (6) A public record may be destroyed or otherwise disposed
   64  of only in accordance with retention schedules established by
   65  the division. The division shall adopt reasonable rules
   66  consistent not inconsistent with this chapter which are shall be
   67  binding on all agencies relating to the destruction and
   68  disposition of records. Such rules must shall provide, but need
   69  not be limited to:
   70         (a) Procedures for complying and submitting to the division
   71  records-retention schedules.
   72         (b) Procedures for the physical destruction or other
   73  disposal of records.
   74         (c) Procedures for an agency to establish schedules for the
   75  physical destruction or other disposal of records held by the
   76  agency which contain personal identification information, as
   77  defined in s. 282.801, after meeting retention requirements.
   78  Unless otherwise required by law, an agency may indefinitely
   79  retain records containing information that is not identifiable
   80  as related to a unique individual.
   81         (d)(c) Standards for the reproduction of records for
   82  security or with a view to the disposal of the original record.
   83         Section 2. Part IV of chapter 282, Florida Statutes,
   84  consisting of section 282.801, Florida Statutes, is created to
   85  read:
   86                               PART IV                             
   87                GOVERNMENT DATA COLLECTION PRACTICES               
   88         282.801 Government data practices.—
   89         (1) For purposes of this part, the term:
   90         (a) “Agency” has the same meaning as in s. 119.011.
   91         (b) “Cookie” means data sent from a website which is
   92  electronically installed on a computer or electronic device of
   93  an individual who has accessed the website and transmits certain
   94  information to the server of that website.
   95         (c) “Individual” means a human being and does not include a
   96  corporation, a partnership, or any other business entity.
   97         (d) “Personal identification information” means an item,
   98  collection, or grouping of information that may be used, alone
   99  or in conjunction with other information, to identify a unique
  100  individual, including, but not limited to, his or her:
  101         1. Name;
  102         2. Postal or e-mail address;
  103         3. Telephone number;
  104         4. Social security number;
  105         5. Date of birth;
  106         6. Mother’s maiden name;
  107         7. Official state-issued or United States-issued driver
  108  license or identification number, alien registration number,
  109  government passport number, employer or taxpayer identification
  110  number, or Medicaid or food assistance account number;
  111         8. Bank account number, credit or debit card number, or
  112  other number or information that can be used to access an
  113  individual’s financial resources;
  114         9. Educational records;
  115         10. Medical records;
  116         11. License plate number of a registered motor vehicle;
  117         12. Images, including facial images;
  118         13. Biometric identification information;
  119         14. Criminal history; or
  120         15. Employment history.
  121         (2) An agency that collects personal identification
  122  information through a website and retains such information shall
  123  maintain and conspicuously post a privacy policy on such
  124  website. At a minimum, the privacy policy must provide:
  125         (a) A description of the services the website provides.
  126         (b) A description of the personal identification
  127  information that the agency collects and maintains from an
  128  individual accessing or using the website.
  129         (c) An explanation of whether the agency’s data collecting
  130  and sharing practices are mandatory or allow a user to opt out
  131  of those practices.
  132         (d) Any available alternatives to using the website.
  133         (e) A statement as to how the agency uses the personal
  134  identification information, including, but not limited to,
  135  whether and under what circumstances the agency discloses such
  136  information.
  137         (f) Whether any other person, as defined in s. 671.201,
  138  collects personal identification information through the
  139  website.
  140         (g) A general description of the security measures in place
  141  to protect personal identification information; however, such
  142  description must not compromise the integrity of the security
  143  measures.
  144         (h) An explanation of public records requirements relating
  145  to the personal identification information of an individual
  146  using the website and if such information may be disclosed in
  147  response to a public records request.
  148         (3)(a) An agency that uses a website to install a cookie on
  149  an individual’s computer or electronic device shall inform an
  150  individual accessing the website of the use of cookies and
  151  request permission to install a cookie on the individual’s
  152  computer.
  153         (b) If an individual accessing the website of an agency
  154  declines to have cookies installed, such individual shall still
  155  be allowed to access and use the website.
  156         (c) This subsection does not apply to a cookie temporarily
  157  installed on an individual’s computer or electronic device by an
  158  agency if the cookie is installed only in the computer’s or
  159  electronic device’s memory and is deleted from such memory when
  160  the website browser or website application is closed.
  161         (4) Any contract between a public agency and a contractor,
  162  as those terms are defined in s. 119.0701, must specify that the
  163  contractor must comply with the requirements in subsections (2)
  164  and (3) for applicable services the contractor performs for the
  165  public agency, except that subsections (2) and (3) do not apply
  166  to a contractor that provides a service to a public agency which
  167  is limited to administering, facilitating, processing, or
  168  enforcing a financial transaction initiated by an individual
  169  with no direct relationship with the contractor.
  170         (5) The failure of an agency to comply with this section
  171  does not create a civil cause of action.
  172         Section 3. The Office of Program Policy Analysis and
  173  Government Accountability shall submit a report to the President
  174  of the Senate and the Speaker of the House of Representatives by
  175  July 1, 2015, which:
  176         (1)Identifies personal identification information, as
  177  defined in s. 282.801, Florida Statutes, and the records in
  178  which such information is contained, held by a state agency. For
  179  purposes of this section, the term “state agency” has the same
  180  meaning as in s. 216.011(1)(qq), but does not include state
  181  attorneys, public defenders, criminal conflict and civil
  182  regional counsel, capital collateral regional counsel, the
  183  Justice Administrative Commission, the Florida Housing Finance
  184  Corporation, the Florida Public Service Commission, and the
  185  judicial branch.
  186         (2) Describes the processes by which an individual may
  187  currently view and verify his or her personal identification
  188  information held by an agency, including how an individual may
  189  request the correction of incorrect personal identification
  190  information.
  191         (3) Identifies any obstacles that inhibit an individual’s
  192  access to such records.
  193         Section 4. Section 429.55, Florida Statutes, is created to
  194  read:
  195         429.55 Public access to data; comment page.—
  196         (1) By November 1, 2014, the agency shall provide,
  197  maintain, and update at least quarterly, electronically
  198  accessible data on assisted living facilities. Such data must be
  199  searchable, downloadable, and available in generally accepted
  200  formats. At a minimum, such data must include:
  201         (a) Information on each assisted living facility licensed
  202  under this part, including:
  203         1. The name and address of the facility.
  204         2. The number and type of licensed beds in the facility.
  205         3. The types of licenses held by the facility.
  206         4. The facility’s license expiration date and status.
  207         5. Other relevant information that the agency currently
  208  collects.
  209         (b) A list of the facility’s violations, including, for
  210  each violation:
  211         1. A summary of the violation presented in a manner
  212  understandable by the general public;
  213         2. Any sanctions imposed by final order; and
  214         3. The date the corrective action was confirmed by the
  215  agency.
  216         (c) Links to inspection reports on file with the agency.
  217         (2)(a) The agency may provide a monitored comment webpage
  218  that allows members of the public to comment on specific
  219  assisted living facilities licensed to operate in this state. At
  220  a minimum, the comment webpage must allow members of the public
  221  to identify themselves, provide comments on their experiences
  222  with, or observations of, an assisted living facility, and view
  223  others’ comments.
  224         (b) The agency shall review comments for profanities and
  225  redact any profanities before posting the comments to the
  226  webpage. After redacting any profanities, the agency shall post
  227  all comments, and shall retain all comments as they were
  228  originally submitted, which are subject to the requirements of
  229  chapter 119, Florida Statutes, and which shall be retained by
  230  the agency for inspection by the public without further
  231  redaction pursuant to retention schedules and disposal processes
  232  for such records.
  233         (c) A controlling interest, as defined in s. 408.803,
  234  Florida Statutes, in an assisted living facility, or an employee
  235  or owner of an assisted living facility, is prohibited from
  236  posting comments on the page. A controlling interest, employee,
  237  or owner may respond to comments on the page, and the agency
  238  shall ensure that such responses are identified as being from a
  239  representative of the facility.
  240         (3) The agency may provide links to third-party websites
  241  that use the data published pursuant to this section to assist
  242  consumers in evaluating the quality of care and service in
  243  assisted living facilities.
  244         (4) The agency may adopt rules to administer this section.
  245         Section 5. Section 408.05, Florida Statutes, is amended to
  246  read:
  247         408.05 Florida Health Information Transparency Initiative
  248  Center for Health Information and Policy Analysis.—
  249         (1) CREATION AND PURPOSE ESTABLISHMENT.—The agency shall
  250  create a comprehensive health information system to promote
  251  accessibility, transparency, and utility of state-collected data
  252  and information about health providers, facilities, services,
  253  and payment sources. The agency is responsible for making state
  254  collected health data available in a manner that allows for and
  255  encourages multiple and innovative uses of data sets. Subject to
  256  funding by the General Appropriations Act, the agency shall
  257  develop and deploy, through a contract award with one or more
  258  vendors or internal development, new methods of dissemination
  259  and ways to convert data into easily usable electronic formats
  260  establish a Florida Center for Health Information and Policy
  261  Analysis. The center shall establish a comprehensive health
  262  information system to provide for the collection, compilation,
  263  coordination, analysis, indexing, dissemination, and utilization
  264  of both purposefully collected and extant health-related data
  265  and statistics. The center shall be staffed with public health
  266  experts, biostatisticians, information system analysts, health
  267  policy experts, economists, and other staff necessary to carry
  268  out its functions.
  269         (2) HEALTH-RELATED DATA.—The comprehensive health
  270  information system must include the following data and
  271  information operated by the Florida Center for Health
  272  Information and Policy Analysis shall identify the best
  273  available data sources and coordinate the compilation of extant
  274  health-related data and statistics and purposefully collect data
  275  on:
  276         (a) The extent and nature of illness and disability of the
  277  state population, including life expectancy, the incidence of
  278  various acute and chronic illnesses, and infant and maternal
  279  morbidity and mortality.
  280         (b) The impact of illness and disability of the state
  281  population on the state economy and on other aspects of the
  282  well-being of the people in this state.
  283         (c) Environmental, social, and other health hazards.
  284         (d) Health knowledge and practices of the people in this
  285  state and determinants of health and nutritional practices and
  286  status.
  287         (a)(e) Health resources, including licensed health
  288  professionals, licensed health care facilities, managed care
  289  organizations, and other health services regulated or funded by
  290  the state physicians, dentists, nurses, and other health
  291  professionals, by specialty and type of practice and acute,
  292  long-term care and other institutional care facility supplies
  293  and specific services provided by hospitals, nursing homes, home
  294  health agencies, and other health care facilities.
  295         (b)(f) Utilization of health resources care by type of
  296  provider.
  297         (c)(g) Health care costs and financing, including Medicaid
  298  claims and encounter data and data from other public and private
  299  payors trends in health care prices and costs, the sources of
  300  payment for health care services, and federal, state, and local
  301  expenditures for health care.
  302         (h) Family formation, growth, and dissolution.
  303         (d)(i) The extent, source, and type of public and private
  304  health insurance coverage in this state.
  305         (e)(j) The data necessary for measuring value and quality
  306  of care provided by various health care providers, including
  307  applicable credentials, accreditation status, use, revenues and
  308  expenses, outcomes, site visits, and other regulatory reports,
  309  and the results of administrative and civil litigation related
  310  to health care.
  311         (3) COORDINATION COMPREHENSIVE HEALTH INFORMATION SYSTEM.
  312  In order to collect comprehensive produce comparable and uniform
  313  health information and statistics and to disseminate such
  314  information to for the public, as well as for the development of
  315  policy recommendations, the agency shall perform the following
  316  functions:
  317         (a) Collect and compile data from all agencies and programs
  318  that provide, regulate, and pay for health services Coordinate
  319  the activities of state agencies involved in the design and
  320  implementation of the comprehensive health information system.
  321         (b) Promote data sharing through the Undertake research,
  322  development, dissemination, and evaluation of state-collected
  323  health data and by making such data available, transferable, and
  324  readily usable respecting the comprehensive health information
  325  system.
  326         (c) Review the statistical activities of state agencies to
  327  ensure that they are consistent with the comprehensive health
  328  information system.
  329         (c)(d) Develop written agreements with local, state, and
  330  federal agencies for the sharing of health-care-related data or
  331  using the facilities and services of such agencies. State
  332  agencies, local health councils, and other agencies under state
  333  contract shall assist the agency center in obtaining, compiling,
  334  and transferring health-care-related data maintained by state
  335  and local agencies. Written agreements must specify the types,
  336  methods, and periodicity of data exchanges and specify the types
  337  of data that will be transferred to the center.
  338         (d)(e)Enable and facilitate the sharing and use of all
  339  state-collected health data to the maximum extent allowed by law
  340  Establish by rule the types of data collected, compiled,
  341  processed, used, or shared. Decisions regarding center data sets
  342  should be made based on consultation with the State Consumer
  343  Health Information and Policy Advisory Council and other public
  344  and private users regarding the types of data which should be
  345  collected and their uses. The center shall establish
  346  standardized means for collecting health information and
  347  statistics under laws and rules administered by the agency.
  348         (f) Establish minimum health-care-related data sets which
  349  are necessary on a continuing basis to fulfill the collection
  350  requirements of the center and which shall be used by state
  351  agencies in collecting and compiling health-care-related data.
  352  The agency shall periodically review ongoing health care data
  353  collections of the Department of Health and other state agencies
  354  to determine if the collections are being conducted in
  355  accordance with the established minimum sets of data.
  356         (g) Establish advisory standards to ensure the quality of
  357  health statistical and epidemiological data collection,
  358  processing, and analysis by local, state, and private
  359  organizations.
  360         (e)(h)Monitor data collection procedures, test data
  361  quality, and take such corrective actions as are necessary to
  362  ensure that data and information disseminated under the
  363  initiative are accurate, valid, reliable, and complete Prescribe
  364  standards for the publication of health-care-related data
  365  reported pursuant to this section which ensure the reporting of
  366  accurate, valid, reliable, complete, and comparable data. Such
  367  standards should include advisory warnings to users of the data
  368  regarding the status and quality of any data reported by or
  369  available from the center.
  370         (f)(i)Initiate and maintain activities necessary to
  371  collect, edit, verify, archive, and retrieve data compiled
  372  pursuant to this section Prescribe standards for the maintenance
  373  and preservation of the center’s data. This should include
  374  methods for archiving data, retrieval of archived data, and data
  375  editing and verification.
  376         (j) Ensure that strict quality control measures are
  377  maintained for the dissemination of data through publications,
  378  studies, or user requests.
  379         (k) Develop, in conjunction with the State Consumer Health
  380  Information and Policy Advisory Council, and implement a long
  381  range plan for making available health care quality measures and
  382  financial data that will allow consumers to compare health care
  383  services. The health care quality measures and financial data
  384  the agency must make available include, but are not limited to,
  385  pharmaceuticals, physicians, health care facilities, and health
  386  plans and managed care entities. The agency shall update the
  387  plan and report on the status of its implementation annually.
  388  The agency shall also make the plan and status report available
  389  to the public on its Internet website. As part of the plan, the
  390  agency shall identify the process and timeframes for
  391  implementation, barriers to implementation, and recommendations
  392  of changes in the law that may be enacted by the Legislature to
  393  eliminate the barriers. As preliminary elements of the plan, the
  394  agency shall:
  395         1. Make available patient-safety indicators, inpatient
  396  quality indicators, and performance outcome and patient charge
  397  data collected from health care facilities pursuant to s.
  398  408.061(1)(a) and (2). The terms “patient-safety indicators” and
  399  “inpatient quality indicators” have the same meaning as that
  400  ascribed by the Centers for Medicare and Medicaid Services, an
  401  accrediting organization whose standards incorporate comparable
  402  regulations required by this state, or a national entity that
  403  establishes standards to measure the performance of health care
  404  providers, or by other states. The agency shall determine which
  405  conditions, procedures, health care quality measures, and
  406  patient charge data to disclose based upon input from the
  407  council. When determining which conditions and procedures are to
  408  be disclosed, the council and the agency shall consider
  409  variation in costs, variation in outcomes, and magnitude of
  410  variations and other relevant information. When determining
  411  which health care quality measures to disclose, the agency:
  412         a. Shall consider such factors as volume of cases; average
  413  patient charges; average length of stay; complication rates;
  414  mortality rates; and infection rates, among others, which shall
  415  be adjusted for case mix and severity, if applicable.
  416         b. May consider such additional measures that are adopted
  417  by the Centers for Medicare and Medicaid Studies, an accrediting
  418  organization whose standards incorporate comparable regulations
  419  required by this state, the National Quality Forum, the Joint
  420  Commission on Accreditation of Healthcare Organizations, the
  421  Agency for Healthcare Research and Quality, the Centers for
  422  Disease Control and Prevention, or a similar national entity
  423  that establishes standards to measure the performance of health
  424  care providers, or by other states.
  425  
  426  When determining which patient charge data to disclose, the
  427  agency shall include such measures as the average of
  428  undiscounted charges on frequently performed procedures and
  429  preventive diagnostic procedures, the range of procedure charges
  430  from highest to lowest, average net revenue per adjusted patient
  431  day, average cost per adjusted patient day, and average cost per
  432  admission, among others.
  433         2. Make available performance measures, benefit design, and
  434  premium cost data from health plans licensed pursuant to chapter
  435  627 or chapter 641. The agency shall determine which health care
  436  quality measures and member and subscriber cost data to
  437  disclose, based upon input from the council. When determining
  438  which data to disclose, the agency shall consider information
  439  that may be required by either individual or group purchasers to
  440  assess the value of the product, which may include membership
  441  satisfaction, quality of care, current enrollment or membership,
  442  coverage areas, accreditation status, premium costs, plan costs,
  443  premium increases, range of benefits, copayments and
  444  deductibles, accuracy and speed of claims payment, credentials
  445  of physicians, number of providers, names of network providers,
  446  and hospitals in the network. Health plans shall make available
  447  to the agency such data or information that is not currently
  448  reported to the agency or the office.
  449         3. Determine the method and format for public disclosure of
  450  data reported pursuant to this paragraph. The agency shall make
  451  its determination based upon input from the State Consumer
  452  Health Information and Policy Advisory Council. At a minimum,
  453  the data shall be made available on the agency’s Internet
  454  website in a manner that allows consumers to conduct an
  455  interactive search that allows them to view and compare the
  456  information for specific providers. The website must include
  457  such additional information as is determined necessary to ensure
  458  that the website enhances informed decisionmaking among
  459  consumers and health care purchasers, which shall include, at a
  460  minimum, appropriate guidance on how to use the data and an
  461  explanation of why the data may vary from provider to provider.
  462         4. Publish on its website undiscounted charges for no fewer
  463  than 150 of the most commonly performed adult and pediatric
  464  procedures, including outpatient, inpatient, diagnostic, and
  465  preventative procedures.
  466         (4) TECHNICAL ASSISTANCE.—
  467         (a) The center shall provide technical assistance to
  468  persons or organizations engaged in health planning activities
  469  in the effective use of statistics collected and compiled by the
  470  center. The center shall also provide the following additional
  471  technical assistance services:
  472         1. Establish procedures identifying the circumstances under
  473  which, the places at which, the persons from whom, and the
  474  methods by which a person may secure data from the center,
  475  including procedures governing requests, the ordering of
  476  requests, timeframes for handling requests, and other procedures
  477  necessary to facilitate the use of the center’s data. To the
  478  extent possible, the center should provide current data timely
  479  in response to requests from public or private agencies.
  480         2. Provide assistance to data sources and users in the
  481  areas of database design, survey design, sampling procedures,
  482  statistical interpretation, and data access to promote improved
  483  health-care-related data sets.
  484         3. Identify health care data gaps and provide technical
  485  assistance to other public or private organizations for meeting
  486  documented health care data needs.
  487         4. Assist other organizations in developing statistical
  488  abstracts of their data sets that could be used by the center.
  489         5. Provide statistical support to state agencies with
  490  regard to the use of databases maintained by the center.
  491         6. To the extent possible, respond to multiple requests for
  492  information not currently collected by the center or available
  493  from other sources by initiating data collection.
  494         7. Maintain detailed information on data maintained by
  495  other local, state, federal, and private agencies in order to
  496  advise those who use the center of potential sources of data
  497  which are requested but which are not available from the center.
  498         8. Respond to requests for data which are not available in
  499  published form by initiating special computer runs on data sets
  500  available to the center.
  501         9. Monitor innovations in health information technology,
  502  informatics, and the exchange of health information and maintain
  503  a repository of technical resources to support the development
  504  of a health information network.
  505         (b) The agency shall administer, manage, and monitor grants
  506  to not-for-profit organizations, regional health information
  507  organizations, public health departments, or state agencies that
  508  submit proposals for planning, implementation, or training
  509  projects to advance the development of a health information
  510  network. Any grant contract shall be evaluated to ensure the
  511  effective outcome of the health information project.
  512         (c) The agency shall initiate, oversee, manage, and
  513  evaluate the integration of health care data from each state
  514  agency that collects, stores, and reports on health care issues
  515  and make that data available to any health care practitioner
  516  through a state health information network.
  517         (5) PUBLICATIONS; REPORTS; SPECIAL STUDIES.—The center
  518  shall provide for the widespread dissemination of data which it
  519  collects and analyzes. The center shall have the following
  520  publication, reporting, and special study functions:
  521         (a) The center shall publish and make available
  522  periodically to agencies and individuals health statistics
  523  publications of general interest, including health plan consumer
  524  reports and health maintenance organization member satisfaction
  525  surveys; publications providing health statistics on topical
  526  health policy issues; publications that provide health status
  527  profiles of the people in this state; and other topical health
  528  statistics publications.
  529         (b) The center shall publish, make available, and
  530  disseminate, promptly and as widely as practicable, the results
  531  of special health surveys, health care research, and health care
  532  evaluations conducted or supported under this section. Any
  533  publication by the center must include a statement of the
  534  limitations on the quality, accuracy, and completeness of the
  535  data.
  536         (c) The center shall provide indexing, abstracting,
  537  translation, publication, and other services leading to a more
  538  effective and timely dissemination of health care statistics.
  539         (d) The center shall be responsible for publishing and
  540  disseminating an annual report on the center’s activities.
  541         (e) The center shall be responsible, to the extent
  542  resources are available, for conducting a variety of special
  543  studies and surveys to expand the health care information and
  544  statistics available for health policy analyses, particularly
  545  for the review of public policy issues. The center shall develop
  546  a process by which users of the center’s data are periodically
  547  surveyed regarding critical data needs and the results of the
  548  survey considered in determining which special surveys or
  549  studies will be conducted. The center shall select problems in
  550  health care for research, policy analyses, or special data
  551  collections on the basis of their local, regional, or state
  552  importance; the unique potential for definitive research on the
  553  problem; and opportunities for application of the study
  554  findings.
  555         (4)(6) PROVIDER DATA REPORTING.—This section does not
  556  confer on the agency the power to demand or require that a
  557  health care provider or professional furnish information,
  558  records of interviews, written reports, statements, notes,
  559  memoranda, or data other than as expressly required by law.
  560         (5)(7)HEALTH INFORMATION ENTERPRISE BUDGET; FEES.—
  561         (a) The agency shall implement the comprehensive health
  562  information system in a manner that recognizes state-collected
  563  data as an asset and rewards taxpayer investment in information
  564  collection and management Legislature intends that funding for
  565  the Florida Center for Health Information and Policy Analysis be
  566  appropriated from the General Revenue Fund.
  567         (b) The agency Florida Center for Health Information and
  568  Policy Analysis may apply for, and receive, and accept grants,
  569  gifts, and other payments, including property and services, from
  570  a any governmental or other public or private entity or person
  571  and make arrangements for as to the use of such funds same,
  572  including the undertaking of special studies and other projects
  573  relating to health-care-related topics. Funds obtained pursuant
  574  to this paragraph may not be used to offset annual
  575  appropriations from the General Revenue Fund.
  576         (c) The agency shall ensure that a vendor who enters into a
  577  contract with the state under this section does not inhibit or
  578  impede public access to state-collected health data and
  579  information center may charge such reasonable fees for services
  580  as the agency prescribes by rule. The established fees may not
  581  exceed the reasonable cost for such services. Fees collected may
  582  not be used to offset annual appropriations from the General
  583  Revenue Fund.
  584         (8) STATE CONSUMER HEALTH INFORMATION AND POLICY ADVISORY
  585  COUNCIL.—
  586         (a) There is established in the agency the State Consumer
  587  Health Information and Policy Advisory Council to assist the
  588  center in reviewing the comprehensive health information system,
  589  including the identification, collection, standardization,
  590  sharing, and coordination of health-related data, fraud and
  591  abuse data, and professional and facility licensing data among
  592  federal, state, local, and private entities and to recommend
  593  improvements for purposes of public health, policy analysis, and
  594  transparency of consumer health care information. The council
  595  shall consist of the following members:
  596         1. An employee of the Executive Office of the Governor, to
  597  be appointed by the Governor.
  598         2. An employee of the Office of Insurance Regulation, to be
  599  appointed by the director of the office.
  600         3. An employee of the Department of Education, to be
  601  appointed by the Commissioner of Education.
  602         4. Ten persons, to be appointed by the Secretary of Health
  603  Care Administration, representing other state and local
  604  agencies, state universities, business and health coalitions,
  605  local health councils, professional health-care-related
  606  associations, consumers, and purchasers.
  607         (b) Each member of the council shall be appointed to serve
  608  for a term of 2 years following the date of appointment, except
  609  the term of appointment shall end 3 years following the date of
  610  appointment for members appointed in 2003, 2004, and 2005. A
  611  vacancy shall be filled by appointment for the remainder of the
  612  term, and each appointing authority retains the right to
  613  reappoint members whose terms of appointment have expired.
  614         (c) The council may meet at the call of its chair, at the
  615  request of the agency, or at the request of a majority of its
  616  membership, but the council must meet at least quarterly.
  617         (d) Members shall elect a chair and vice chair annually.
  618         (e) A majority of the members constitutes a quorum, and the
  619  affirmative vote of a majority of a quorum is necessary to take
  620  action.
  621         (f) The council shall maintain minutes of each meeting and
  622  shall make such minutes available to any person.
  623         (g) Members of the council shall serve without compensation
  624  but shall be entitled to receive reimbursement for per diem and
  625  travel expenses as provided in s. 112.061.
  626         (h) The council’s duties and responsibilities include, but
  627  are not limited to, the following:
  628         1. To develop a mission statement, goals, and a plan of
  629  action for the identification, collection, standardization,
  630  sharing, and coordination of health-related data across federal,
  631  state, and local government and private sector entities.
  632         2. To develop a review process to ensure cooperative
  633  planning among agencies that collect or maintain health-related
  634  data.
  635         3. To create ad hoc issue-oriented technical workgroups on
  636  an as-needed basis to make recommendations to the council.
  637         (9) APPLICATION TO OTHER AGENCIES.—Nothing in this section
  638  shall limit, restrict, affect, or control the collection,
  639  analysis, release, or publication of data by any state agency
  640  pursuant to its statutory authority, duties, or
  641  responsibilities.
  642         Section 6. The Office of Program Policy Analysis and
  643  Government Accountability (OPPAGA) shall monitor the Agency for
  644  Health Care Administration’s implementation of s. 408.05,
  645  Florida Statutes, as amended by this act. No later than 1 year
  646  after the agency completes implementation, OPPAGA shall provide
  647  a report to the President of the Senate and the Speaker of the
  648  House of Representatives containing recommendations regarding
  649  the application of data practices made pursuant to s. 408.05,
  650  Florida Statutes, to other executive branch agencies.
  651         Section 7. For the purpose of incorporating the amendment
  652  made by this act to section 257.36, Florida Statutes, in a
  653  reference thereto, subsection (8) of section 120.54, Florida
  654  Statutes, is reenacted to read:
  655         120.54 Rulemaking.—
  656         (8) RULEMAKING RECORD.—In all rulemaking proceedings the
  657  agency shall compile a rulemaking record. The record shall
  658  include, if applicable, copies of:
  659         (a) All notices given for the proposed rule.
  660         (b) Any statement of estimated regulatory costs for the
  661  rule.
  662         (c) A written summary of hearings on the proposed rule.
  663         (d) The written comments and responses to written comments
  664  as required by this section and s. 120.541.
  665         (e) All notices and findings made under subsection (4).
  666         (f) All materials filed by the agency with the committee
  667  under subsection (3).
  668         (g) All materials filed with the Department of State under
  669  subsection (3).
  670         (h) All written inquiries from standing committees of the
  671  Legislature concerning the rule.
  672  
  673  Each state agency shall retain the record of rulemaking as long
  674  as the rule is in effect. When a rule is no longer in effect,
  675  the record may be destroyed pursuant to the records-retention
  676  schedule developed under s. 257.36(6).
  677         Section 8. Subsection (3) of section 20.42, Florida
  678  Statutes, is amended to read:
  679         20.42 Agency for Health Care Administration.—
  680         (3) The department is shall be the chief health policy and
  681  planning entity for the state. The department is responsible for
  682  health facility licensure, inspection, and regulatory
  683  enforcement; investigation of consumer complaints related to
  684  health care facilities and managed care plans; the
  685  implementation of the certificate of need program; the operation
  686  of the Florida Center for Health Information and Policy
  687  Analysis; the administration of the Medicaid program; the
  688  administration of the contracts with the Florida Healthy Kids
  689  Corporation; the certification of health maintenance
  690  organizations and prepaid health clinics as set forth in part
  691  III of chapter 641; and any other duties prescribed by statute
  692  or agreement.
  693         Section 9. Paragraph (c) of subsection (4) of section
  694  381.026, Florida Statutes, is amended to read:
  695         381.026 Florida Patient’s Bill of Rights and
  696  Responsibilities.—
  697         (4) RIGHTS OF PATIENTS.—Each health care facility or
  698  provider shall observe the following standards:
  699         (c) Financial information and disclosure.—
  700         1. A patient has the right to be given, upon request, by
  701  the responsible provider, his or her designee, or a
  702  representative of the health care facility full information and
  703  necessary counseling on the availability of known financial
  704  resources for the patient’s health care.
  705         2. A health care provider or a health care facility shall,
  706  upon request, disclose to each patient who is eligible for
  707  Medicare, before treatment, whether the health care provider or
  708  the health care facility in which the patient is receiving
  709  medical services accepts assignment under Medicare reimbursement
  710  as payment in full for medical services and treatment rendered
  711  in the health care provider’s office or health care facility.
  712         3. A primary care provider may publish a schedule of
  713  charges for the medical services that the provider offers to
  714  patients. The schedule must include the prices charged to an
  715  uninsured person paying for such services by cash, check, credit
  716  card, or debit card. The schedule must be posted in a
  717  conspicuous place in the reception area of the provider’s office
  718  and must include, but is not limited to, the 50 services most
  719  frequently provided by the primary care provider. The schedule
  720  may group services by three price levels, listing services in
  721  each price level. The posting must be at least 15 square feet in
  722  size. A primary care provider who publishes and maintains a
  723  schedule of charges for medical services is exempt from the
  724  license fee requirements for a single period of renewal of a
  725  professional license under chapter 456 for that licensure term
  726  and is exempt from the continuing education requirements of
  727  chapter 456 and the rules implementing those requirements for a
  728  single 2-year period.
  729         4. If a primary care provider publishes a schedule of
  730  charges pursuant to subparagraph 3., he or she shall must
  731  continually post it at all times for the duration of active
  732  licensure in this state when primary care services are provided
  733  to patients. If a primary care provider fails to post the
  734  schedule of charges in accordance with this subparagraph, the
  735  provider shall be required to pay any license fee and comply
  736  with any continuing education requirements for which an
  737  exemption was received.
  738         5. A health care provider or a health care facility shall,
  739  upon request, furnish a person, before the provision of medical
  740  services, a reasonable estimate of charges for such services.
  741  The health care provider or the health care facility shall
  742  provide an uninsured person, before the provision of a planned
  743  nonemergency medical service, a reasonable estimate of charges
  744  for such service and information regarding the provider’s or
  745  facility’s discount or charity policies for which the uninsured
  746  person may be eligible. Such estimates by a primary care
  747  provider must be consistent with the schedule posted under
  748  subparagraph 3. To the extent possible, estimates shall, to the
  749  extent possible, be written in language comprehensible to an
  750  ordinary layperson. Such reasonable estimate does not preclude
  751  the health care provider or health care facility from exceeding
  752  the estimate or making additional charges based on changes in
  753  the patient’s condition or treatment needs.
  754         6. Each licensed facility not operated by the state shall
  755  make available to the public on its Internet website or by other
  756  electronic means a description of and a link to the performance
  757  outcome and financial data that is published by the agency
  758  pursuant to s. 408.05(3)(k). The facility shall place in its
  759  reception area a notice stating that the in the reception area
  760  that such information is available electronically and providing
  761  the facility’s website address. The licensed facility may
  762  indicate that the pricing information is based on a compilation
  763  of charges for the average patient and that each patient’s bill
  764  may vary from the average depending upon the severity of illness
  765  and individual resources consumed. The licensed facility may
  766  also indicate that the price of service is negotiable for
  767  eligible patients based upon the patient’s ability to pay.
  768         7. A patient has the right to receive a copy of an itemized
  769  bill and upon request. A patient has a right to be given an
  770  explanation of charges upon request.
  771         Section 10. Subsection (11) of section 395.301, Florida
  772  Statutes, is amended to read:
  773         395.301 Itemized patient bill; form and content prescribed
  774  by the agency.—
  775         (11) Each licensed facility shall make available on its
  776  Internet website a link to the performance outcome and financial
  777  data that is published by the Agency for Health Care
  778  Administration pursuant to s. 408.05(3)(k). The facility shall
  779  place in its reception area a notice stating in the reception
  780  area that the information is available electronically and
  781  providing the facility’s Internet website address.
  782         Section 11. Paragraph (e) of subsection (2) of section
  783  395.602, Florida Statutes, is amended to read:
  784         395.602 Rural hospitals.—
  785         (2) DEFINITIONS.—As used in this part:
  786         (e) “Rural hospital” means an acute care hospital licensed
  787  under this chapter, having 100 or fewer licensed beds and an
  788  emergency room, which is:
  789         1. The sole provider within a county with a population
  790  density of no greater than 100 persons per square mile;
  791         2. An acute care hospital, in a county with a population
  792  density of no greater than 100 persons per square mile, which is
  793  at least 30 minutes of travel time, on normally traveled roads
  794  under normal traffic conditions, from any other acute care
  795  hospital within the same county;
  796         3. A hospital supported by a tax district or subdistrict
  797  whose boundaries encompass a population of 100 persons or fewer
  798  per square mile;
  799         4. A hospital in a constitutional charter county with a
  800  population of more than over 1 million persons that has imposed
  801  a local option health service tax pursuant to law and in an area
  802  that was directly impacted by a catastrophic event on August 24,
  803  1992, for which the Governor of Florida declared a state of
  804  emergency pursuant to chapter 125, and has 120 beds or less that
  805  serves an agricultural community with an emergency room
  806  utilization of no less than 20,000 visits and a Medicaid
  807  inpatient utilization rate greater than 15 percent;
  808         5. A hospital with a service area that has a population of
  809  100 persons or fewer per square mile. As used in this
  810  subparagraph, the term “service area” means the fewest number of
  811  zip codes that account for 75 percent of the hospital’s
  812  discharges for the most recent 5-year period, based on
  813  information available from the agency’s hospital inpatient
  814  discharge database in the Florida Center for Health Information
  815  and Policy Analysis at the agency; or
  816         6. A hospital designated as a critical access hospital, as
  817  defined in s. 408.07.
  818  
  819  Population densities used in this paragraph must be based upon
  820  the most recently completed United States census. A hospital
  821  that received funds under s. 409.9116 for a quarter beginning no
  822  later than July 1, 2002, is deemed to have been and shall
  823  continue to be a rural hospital from that date through June 30,
  824  2015, if the hospital continues to have 100 or fewer licensed
  825  beds and an emergency room, or meets the criteria of
  826  subparagraph 4. An acute care hospital that has not previously
  827  been designated as a rural hospital and that meets the criteria
  828  of this paragraph shall be granted such designation upon
  829  application, including supporting documentation, to the agency.
  830  A hospital that was licensed as a rural hospital during the
  831  2010-2011 or 2011-2012 fiscal year shall continue to be a rural
  832  hospital from the date of designation through June 30, 2015, if
  833  the hospital continues to have 100 or fewer licensed beds and an
  834  emergency room.
  835         Section 12. Section 395.6025, Florida Statutes, is amended
  836  to read:
  837         395.6025 Rural hospital replacement facilities.
  838  Notwithstanding the provisions of s. 408.036, a hospital defined
  839  as a statutory rural hospital in accordance with s. 395.602, or
  840  a not-for-profit operator of rural hospitals, is not required to
  841  obtain a certificate of need for the construction of a new
  842  hospital located in a county with a population of at least
  843  15,000 but no more than 18,000 and a density of less than 30
  844  persons per square mile, or a replacement facility, if provided
  845  that the replacement, or new, facility is located within 10
  846  miles of the site of the currently licensed rural hospital and
  847  within the current primary service area. As used in this
  848  section, the term “service area” means the fewest number of zip
  849  codes that account for 75 percent of the hospital’s discharges
  850  for the most recent 5-year period, based on information
  851  available from the Agency for Health Care Administration’s
  852  hospital inpatient discharge database in the Florida Center for
  853  Health Information and Policy Analysis at the Agency for Health
  854  Care Administration.
  855         Section 13. Subsection (43) of section 408.07, Florida
  856  Statutes, is amended to read:
  857         408.07 Definitions.—As used in this chapter, with the
  858  exception of ss. 408.031-408.045, the term:
  859         (43) “Rural hospital” means an acute care hospital licensed
  860  under chapter 395, having 100 or fewer licensed beds and an
  861  emergency room, and which is:
  862         (a) The sole provider within a county with a population
  863  density of no greater than 100 persons per square mile;
  864         (b) An acute care hospital, in a county with a population
  865  density of no greater than 100 persons per square mile, which is
  866  at least 30 minutes of travel time, on normally traveled roads
  867  under normal traffic conditions, from another acute care
  868  hospital within the same county;
  869         (c) A hospital supported by a tax district or subdistrict
  870  whose boundaries encompass a population of 100 persons or fewer
  871  per square mile;
  872         (d) A hospital with a service area that has a population of
  873  100 persons or fewer per square mile. As used in this paragraph,
  874  the term “service area” means the fewest number of zip codes
  875  that account for 75 percent of the hospital’s discharges for the
  876  most recent 5-year period, based on information available from
  877  the Agency for Health Care Administration’s hospital inpatient
  878  discharge database in the Florida Center for Health Information
  879  and Policy Analysis at the Agency for Health Care
  880  Administration; or
  881         (e) A critical access hospital.
  882  
  883  Population densities used in this subsection must be based upon
  884  the most recently completed United States census. A hospital
  885  that received funds under s. 409.9116 for a quarter beginning no
  886  later than July 1, 2002, is deemed to have been and shall
  887  continue to be a rural hospital from that date through June 30,
  888  2015, if the hospital continues to have 100 or fewer licensed
  889  beds and an emergency room, or meets the criteria of s.
  890  395.602(2)(e)4. An acute care hospital that has not previously
  891  been designated as a rural hospital and that meets the criteria
  892  of this subsection shall be granted such designation upon
  893  application, including supporting documentation, to the Agency
  894  for Health Care Administration.
  895         Section 14. Paragraph (a) of subsection (4) of section
  896  408.18, Florida Statutes, is amended to read:
  897         408.18 Health Care Community Antitrust Guidance Act;
  898  antitrust no-action letter; market-information collection and
  899  education.—
  900         (4)(a) Members of the health care community who seek
  901  antitrust guidance may request a review of their proposed
  902  business activity by the Attorney General’s office. In
  903  conducting its review, the Attorney General’s office may seek
  904  whatever documentation, data, or other material it deems
  905  necessary from the Agency for Health Care Administration, the
  906  Florida Center for Health Information and Policy Analysis, and
  907  the Office of Insurance Regulation of the Financial Services
  908  Commission.
  909         Section 15. Section 465.0244, Florida Statutes, is amended
  910  to read:
  911         465.0244 Information disclosure.—Every pharmacy shall make
  912  available on its Internet website a link to the performance
  913  outcome and financial data that is published by the Agency for
  914  Health Care Administration pursuant to s. 408.05(3)(k) and shall
  915  place in the area where customers receive filled prescriptions
  916  notice that such information is available electronically and the
  917  address of its Internet website.
  918         Section 16. Subsection (2) of section 627.6499, Florida
  919  Statutes, is amended to read:
  920         627.6499 Reporting by insurers and third-party
  921  administrators.—
  922         (2) Each health insurance issuer shall make available on
  923  its Internet website a link to the performance outcome and
  924  financial data that is published by the Agency for Health Care
  925  Administration pursuant to s. 408.05(3)(k) and shall include in
  926  every policy delivered or issued for delivery to any person in
  927  the state or any materials provided as required by s. 627.64725
  928  notice that such information is available electronically and the
  929  address of its Internet website.
  930         Section 17. Subsection (7) of section 641.54, Florida
  931  Statutes, is amended to read:
  932         641.54 Information disclosure.—
  933         (7) Each health maintenance organization shall make
  934  available on its Internet website a link to the performance
  935  outcome and financial data that is published by the Agency for
  936  Health Care Administration pursuant to s. 408.05(3)(k) and shall
  937  include in every policy delivered or issued for delivery to any
  938  person in the state or any materials provided as required by s.
  939  627.64725 notice that such information is available
  940  electronically and the address of its Internet website.
  941         Section 18. (1) For the 2014-2015 fiscal year, for the
  942  purpose of implementing and maintaining the public information
  943  website enhancements provided under section 4 of this act:
  944         (a) The sums of $72,435 in recurring funds and $3,773 in
  945  nonrecurring funds from the Health Care Trust Fund and one full
  946  time equivalent health services and facilities consultant
  947  position with associated salary rate of 46,560 are appropriated
  948  to the Agency for Health Care Administration;
  949         (b) The sums of $30,000 in recurring funds and $15,000 in
  950  nonrecurring funds from the Health Care Trust Fund are
  951  appropriated to the Agency for Health Care Administration for
  952  software purchase, installation, and maintenance services; and
  953         (c) The sums of $2,474 in recurring funds and $82,806 in
  954  nonrecurring funds from the Health Care Trust Fund are
  955  appropriated to the Agency for Health Care Administration for
  956  contracted services.
  957         (2) If CS/CS/SB 248 or similar legislation, 2014 Regular
  958  Session, and this bill are both enacted into law during the 2014
  959  Regular Session, or any extension thereof, and both bills
  960  contain provisions authorizing the Agency for Health Care
  961  Administration to create a monitored comment webpage allowing
  962  members of the public to comment on specific assisted living
  963  facilities licensed in this state and if both bills appropriate
  964  funds to the Agency for Health Care Administration, this section
  965  may not take effect.
  966         Section 19. This act shall take effect July 1, 2014.