Florida Senate - 2019                                     SB 260
       By Senator Baxley
       12-00601A-19                                           2019260__
    1                        A bill to be entitled                      
    2         An act relating to a STEMI registry; creating s.
    3         381.8175, F.S.; directing the Agency for Health Care
    4         Administration to establish a statewide, centralized
    5         registry of persons who have symptoms associated with
    6         ST-elevation myocardial infarctions (STEMI); requiring
    7         certain health care facilities to report to the
    8         registry specified data on the treatment of STEMI
    9         patients; defining the term “PCI-capable”; requiring
   10         the agency to contract with an entity to maintain the
   11         registry, subject to a specific appropriation;
   12         requiring the contracted entity to collect certain
   13         data using a nationally recognized platform; requiring
   14         the contracted entity to provide annual reports to the
   15         agency; providing immunity from liability and
   16         disciplinary action; requiring the agency to adopt
   17         rules; amending s. 401.30, F.S.; authorizing the
   18         appropriate limited disclosure of records of emergency
   19         calls containing patient information to the agency and
   20         the contracted entity; requiring the Department of
   21         Health, the agency, and the contracted entity to share
   22         information related to the transport of specified
   23         patients; providing an effective date.
   25  Be It Enacted by the Legislature of the State of Florida:
   27         Section 1. Section 381.8175, Florida Statutes, is created
   28  to read:
   29         381.8175STEMI registry.—The Agency for Health Care
   30  Administration shall establish a statewide, centralized registry
   31  of persons who have symptoms associated with ST-elevation
   32  myocardial infarctions (STEMI).
   33         (1)(a)All percutaneous coronary intervention capable (PCI
   34  capable) health care facilities in this state shall report data
   35  consistent with nationally recognized guidelines on the
   36  treatment of STEMI patients to the registry as required by the
   37  agency. All other trauma centers, acute care hospitals, and
   38  health care facilities that are not PCI-capable are encouraged
   39  to and may report such data, as applicable. For purposes of this
   40  paragraph, the term “PCI-capable” means that a health care
   41  facility has the equipment, expertise, and facilities to
   42  administer percutaneous coronary intervention (PCI), a
   43  mechanical means of treating heart attack patients.
   44         (b)The statewide STEMI registry shall collect and maintain
   45  data consistent with nationally recognized guidelines and
   46  measures for STEMI patients.
   47         (2)Subject to a specific legislative appropriation, the
   48  agency shall contract with a public or private entity to
   49  maintain the statewide STEMI registry to ensure that the
   50  information required under subsection (1) is maintained and
   51  available for use to improve or modify the STEMI care system,
   52  ensure compliance with guidelines and standards, and monitor
   53  STEMI patient outcomes.
   54         (3)The agency shall require the contracted entity to use a
   55  nationally recognized platform to collect data on the
   56  information required under subsection (1). Each January 1, the
   57  contracted entity shall provide an annual report to the agency
   58  on the data collected.
   59         (4)A civil, criminal, or administrative action may not be
   60  brought against a person or health care provider participating
   61  in good faith in the reporting of information pursuant to this
   62  section. A person or health care provider reporting information
   63  pursuant to this section is immune from civil or criminal
   64  liability and from any professional disciplinary action that may
   65  arise from reporting such information.
   66         (5)The agency shall adopt rules to administer this
   67  section.
   68         Section 2. Present subsection (5) of section 401.30,
   69  Florida Statutes, is redesignated as subsection (6), subsection
   70  (4) of that section is amended, and a new subsection (5) is
   71  added to that section, to read:
   72         401.30 Records.—
   73         (4) Records of emergency calls which contain patient
   74  examination or treatment information are confidential and exempt
   75  from the provisions of s. 119.07(1) and may not be disclosed
   76  without the consent of the person to whom they pertain, but
   77  appropriate limited disclosure may be made without such consent:
   78         (a) To the person’s guardian, to the next of kin if the
   79  person is deceased, or to a parent if the person is a minor;
   80         (b) To hospital personnel for use in conjunction with the
   81  treatment of the patient;
   82         (c) To the department;
   83         (d) To the service medical director;
   84         (e) For use in a critical incident stress debriefing. Any
   85  such discussions during a critical incident stress debriefing
   86  shall be considered privileged communication under s. 90.503;
   87         (f) In any civil or criminal action, unless otherwise
   88  prohibited by law, upon the issuance of a subpoena from a court
   89  of competent jurisdiction and proper notice by the party seeking
   90  such records, to the patient or his or her legal representative;
   91  or
   92         (g) To a local trauma agency or a regional trauma agency,
   93  or a panel or committee assembled by such an agency to assist
   94  the agency in performing quality assurance activities in
   95  accordance with a plan approved under s. 395.401. Records
   96  obtained under this paragraph are confidential and exempt from
   97  s. 119.07(1) and s. 24(a), Art. I of the State Constitution; or
   98         (h)To the Agency for Health Care Administration and the
   99  entity under contract with the agency to maintain the statewide
  100  STEMI registry pursuant to s. 381.8175.
  102  This subsection does not prohibit the department or a licensee
  103  from providing information to any law enforcement agency or any
  104  other regulatory agency responsible for the regulation or
  105  supervision of emergency medical services and personnel.
  106         (5) To improve patient care and provide for best medical
  107  practices, the department, the agency, and the entity under
  108  contract with the Agency for Health Care Administration to
  109  maintain the statewide STEMI registry pursuant to s. 381.8175
  110  shall, to the maximum extent feasible, share information
  111  relating to the transport of patients suspected of having a
  112  STEMI heart attack.
  113         (6)(5) The department shall adopt and enforce all rules
  114  necessary to administer this section.
  115         Section 3. This act shall take effect July 1, 2019.