Florida Senate - 2024                                     SB 668
       
       
        
       By Senator Rodriguez
       
       
       
       
       
       40-00695-24                                            2024668__
    1                        A bill to be entitled                      
    2         An act relating to electronic health records; amending
    3         s. 408.051, F.S.; requiring certain hospitals to make
    4         patients’ electronic health records available through
    5         a nationally recognized trusted exchange framework;
    6         providing that hospitals may maintain national network
    7         connectivity directly or through a third-party vendor;
    8         providing an exemption; requiring the Agency for
    9         Health Care Administration to adopt rules; amending s.
   10         408.0611, F.S.; requiring certain hospitals to make
   11         specified patient data available to the agency’s
   12         Florida Health Information Exchange program for
   13         specified purposes; requiring certain community
   14         pharmacies to participate in the agency’s Emergency
   15         Patient Look-Up System for a specified purpose;
   16         providing an exemption; requiring the agency to adopt
   17         rules; amending s. 408.821, F.S.; requiring certain
   18         licensees to report certain information in a manner,
   19         timeframe, and frequency prescribed by agency rule;
   20         providing an effective date.
   21          
   22  Be It Enacted by the Legislature of the State of Florida:
   23  
   24         Section 1. Present subsections (5) and (6) of section
   25  408.051, Florida Statutes, are redesignated as subsections (6)
   26  and (7), respectively, and a new subsection (5) is added to that
   27  section, to read:
   28         408.051 Florida Electronic Health Records Exchange Act.—
   29         (5) TRUSTED EXCHANGE FRAMEWORK REQUIREMENT.—Hospitals as
   30  defined in s. 395.002 which maintain certified electronic health
   31  record technology shall make patients’ electronic health records
   32  available through a nationally recognized trusted exchange
   33  framework.
   34         (a) Hospitals may maintain national network connectivity
   35  directly or through a third-party vendor.
   36         (b) Hospitals with 25 or fewer beds are exempt from this
   37  subsection.
   38         (c) The agency shall adopt rules necessary to implement
   39  this subsection.
   40         Section 2. Subsections (5) and (6) are added to section
   41  408.0611, Florida Statutes, to read:
   42         408.0611 Electronic prescribing clearinghouse.—
   43         (5) Hospitals as defined in s. 395.002 which maintain
   44  certified electronic health record technology must make patient
   45  admission, transfer, and discharge data available to the
   46  agency’s Florida Health Information Exchange program for the
   47  purpose of supporting public health data registries and patient
   48  care coordination.
   49         (6) Beginning January 1, 2025, a community pharmacy as
   50  defined in s. 465.003(20)(a)1. which maintains a system for
   51  electronic prescribing as defined in s. 408.0611(2) shall
   52  participate in the agency’s Emergency Patient Look-Up System for
   53  the purpose of supporting emergency response during a declared
   54  state of emergency.
   55         (a) Internet pharmacies as defined in s. 465.003 are exempt
   56  from this subsection until their electronic prescribing vendor
   57  is connected to the agency’s Emergency Patient Look-Up System.
   58         (b) The agency shall adopt rules necessary to administer
   59  this subsection.
   60         Section 3. Subsection (5) is added to section 408.821,
   61  Florida Statutes, to read:
   62         408.821 Emergency management planning; emergency
   63  operations; inactive license.—
   64         (5) Licensees required to report information under
   65  subsection (4) must do so in a manner, timeframe, and frequency
   66  prescribed by agency rule.
   67         Section 4. This act shall take effect July 1, 2024.