| 1 | The Committee on Insurance recommends the following: |
| 2 |
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| 3 | Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to health care; amending s. 381.026, F.S.; |
| 7 | requiring certain licensed facilities to provide certain |
| 8 | financial information on its website; amending s. 395.301, |
| 9 | F.S.; requiring certain licensed facilities to provide |
| 10 | prospective patients with certain estimates of charges for |
| 11 | services; requiring such facilities to provide patients |
| 12 | with certain bill verification information; providing for |
| 13 | a fine for failure to provide such information; providing |
| 14 | charge limitations; requiring such facilities to establish |
| 15 | a patient question review and response methodology; |
| 16 | providing requirements; requiring certain licensed |
| 17 | facilities to provide to certain financial information on |
| 18 | its website; providing an exception for specified rural |
| 19 | hospitals; requiring a report; amending s. 408.061, F.S.; |
| 20 | requiring the Agency for Health Care Administration to |
| 21 | require health care facilities, health care providers, and |
| 22 | health insurers to submit certain information; providing |
| 23 | requirements; requiring the agency to adopt certain risk |
| 24 | adjustment methodologies or software; requiring the agency |
| 25 | to adopt certain rules; requiring certain information to |
| 26 | be certified; amending s. 408.062, F.S.; requiring the |
| 27 | agency to conduct certain health care costs and access |
| 28 | research, analyses, and studies; expanding the scope of |
| 29 | such studies to include collection of pharmacy retail |
| 30 | price data, use of emergency departments, physician |
| 31 | information, and Internet patient charge information |
| 32 | availability; requiring publication of information |
| 33 | collected on the Internet; requiring a report; requiring |
| 34 | the agency to conduct additional data-based studies and |
| 35 | make recommendations to the Legislature; requiring the |
| 36 | agency to develop and implement a strategy to adopt and |
| 37 | use electronic health records; authorizing the agency to |
| 38 | develop rules to protect electronic records |
| 39 | confidentiality; requiring a report to the Governor and |
| 40 | Legislature; amending s. 408.05, F.S.; requiring the |
| 41 | agency to develop a plan to make performance outcome and |
| 42 | financial data available to consumers for health care |
| 43 | services comparison purposes; requiring submittal of the |
| 44 | plan to the Governor and Legislature; requiring the agency |
| 45 | to update the plan; requiring the agency to make the plan |
| 46 | available electronically; providing plan requirements; |
| 47 | amending s. 409.9066, F.S.; requiring the agency to |
| 48 | provide certain information relating to the Medicare |
| 49 | prescription discount program; creating s. 465.0244, F.S.; |
| 50 | requiring each pharmacy to make available on its Internet |
| 51 | website a link to certain performance outcome and |
| 52 | financial data of the Agency for Health Care |
| 53 | Administration and a notice of the availability of such |
| 54 | information; amending s. 627.6499, F.S.; requiring each |
| 55 | health insurer to make available on its Internet website a |
| 56 | link to certain performance outcome and financial data of |
| 57 | the Agency for Health Care Administration and a notice in |
| 58 | policies of the availability of such information; amending |
| 59 | s. 641.54, F.S.; requiring health maintenance |
| 60 | organizations to make certain insurance financial |
| 61 | information available to subscribers; requiring health |
| 62 | maintenance organizations to make available on its |
| 63 | Internet website a link to certain performance outcome and |
| 64 | financial data of the Agency for Health Care |
| 65 | Administration and a notice in policies of the |
| 66 | availability of such information; authorizing rule |
| 67 | adoption; providing an effective date. |
| 68 |
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| 69 | Be It Enacted by the Legislature of the State of Florida: |
| 70 |
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| 71 | Section 1. Paragraph (c) of subsection (4) of section |
| 72 | 381.026, Florida Statutes, is amended to read: |
| 73 | 381.026 Florida Patient's Bill of Rights and |
| 74 | Responsibilities.-- |
| 75 | (4) RIGHTS OF PATIENTS.--Each health care facility or |
| 76 | provider shall observe the following standards: |
| 77 | (c) Financial information and disclosure.-- |
| 78 | 1. A patient has the right to be given, upon request, by |
| 79 | the responsible provider, his or her designee, or a |
| 80 | representative of the health care facility full information and |
| 81 | necessary counseling on the availability of known financial |
| 82 | resources for the patient's health care. |
| 83 | 2. A health care provider or a health care facility shall, |
| 84 | upon request, disclose to each patient who is eligible for |
| 85 | Medicare, in advance of treatment, whether the health care |
| 86 | provider or the health care facility in which the patient is |
| 87 | receiving medical services accepts assignment under Medicare |
| 88 | reimbursement as payment in full for medical services and |
| 89 | treatment rendered in the health care provider's office or |
| 90 | health care facility. |
| 91 | 3. A health care provider or a health care facility shall, |
| 92 | upon request, furnish a patient, prior to provision of medical |
| 93 | services, a reasonable estimate of charges for such services. |
| 94 | Such reasonable estimate shall not preclude the health care |
| 95 | provider or health care facility from exceeding the estimate or |
| 96 | making additional charges based on changes in the patient's |
| 97 | condition or treatment needs. |
| 98 | 4. Each licensed facility not operated by the state shall |
| 99 | make available to the public on its Internet website or by other |
| 100 | electronic means a description of, and a link to, the |
| 101 | performance outcome and financial data that is published by the |
| 102 | agency pursuant to s. 408.05. The facility shall place a notice |
| 103 | in reception areas that such information is available |
| 104 | electronically and provide the Internet address. The licensed |
| 105 | facility may indicate that the pricing information is based on a |
| 106 | compilation of charges for the average patient and that each |
| 107 | patient's bill may vary from the average, depending upon the |
| 108 | severity of illness and individual resources consumed. The |
| 109 | licensed facility may also indicate that the price of service is |
| 110 | negotiable for eligible patients based upon the patient's |
| 111 | ability to pay. |
| 112 | 5.4. A patient has the right to receive a copy of an |
| 113 | itemized bill upon request. A patient has a right to be given an |
| 114 | explanation of charges upon request. |
| 115 | Section 2. Subsections (1), (2), and (3) of section |
| 116 | 395.301, Florida Statutes, are amended, and subsections (7), |
| 117 | (8), (9), (10), and (11) are added to said section, to read: |
| 118 | 395.301 Itemized patient bill; form and content prescribed |
| 119 | by the agency.-- |
| 120 | (1) A licensed facility not operated by the state shall |
| 121 | notify each patient during admission and at discharge of his or |
| 122 | her right to receive an itemized bill upon request. Within 7 |
| 123 | days following the patient's discharge or release from a |
| 124 | licensed facility not operated by the state, or within 7 days |
| 125 | after the earliest date at which the loss or expense from the |
| 126 | service may be determined, the licensed facility providing the |
| 127 | service shall, upon request, submit to the patient, or to the |
| 128 | patient's survivor or legal guardian as may be appropriate, an |
| 129 | itemized statement detailing in language comprehensible to an |
| 130 | ordinary layperson the specific nature of charges or expenses |
| 131 | incurred by the patient, which in the initial billing shall |
| 132 | contain a statement of specific services received and expenses |
| 133 | incurred for such items of service, enumerating in detail the |
| 134 | constituent components of the services received within each |
| 135 | department of the licensed facility and including unit price |
| 136 | data on rates charged by the licensed facility, as prescribed by |
| 137 | the agency. |
| 138 | (2)(a) Each such statement submitted pursuant to this |
| 139 | section: |
| 140 | 1.(a) May not include charges of hospital-based physicians |
| 141 | if billed separately. |
| 142 | 2.(b) May not include any generalized category of expenses |
| 143 | such as "other" or "miscellaneous" or similar categories. |
| 144 | 3.(c) Shall list drugs by brand or generic name and not |
| 145 | refer to drug code numbers when referring to drugs of any sort. |
| 146 | 4.(d) Shall specifically identify therapy treatment as to |
| 147 | the date, type, and length of treatment when therapy treatment |
| 148 | is a part of the statement. |
| 149 | (b) Any person receiving a statement pursuant to this |
| 150 | section shall be fully and accurately informed as to each charge |
| 151 | and service provided by the institution preparing the statement. |
| 152 | (3) On each such itemized statement submitted pursuant to |
| 153 | subsection (1), there shall appear the words "A FOR-PROFIT (or |
| 154 | NOT-FOR-PROFIT or PUBLIC) HOSPITAL (or AMBULATORY SURGICAL |
| 155 | CENTER) LICENSED BY THE STATE OF FLORIDA" or substantially |
| 156 | similar words sufficient to identify clearly and plainly the |
| 157 | ownership status of the licensed facility. Each itemized |
| 158 | statement must prominently display the phone number of the |
| 159 | medical facility's patient liaison who is responsible for |
| 160 | expediting the resolution of any billing dispute between the |
| 161 | patient, or his or her representative, and the billing |
| 162 | department. |
| 163 | (7) Each licensed facility not operated by the state shall |
| 164 | provide, prior to provision of any nonemergency medical |
| 165 | services, a written good faith estimate of reasonably |
| 166 | anticipated charges for the facility to treat the patient's |
| 167 | condition upon written request of a prospective patient. The |
| 168 | estimate shall be provided to the prospective patient within 7 |
| 169 | business days of the receipt of the request. The estimate may be |
| 170 | the average charges for that diagnosis related group or the |
| 171 | average charges for that procedure. Upon request, the facility |
| 172 | shall notify the patient of any revision to the good faith |
| 173 | estimate. Such estimate shall not preclude the actual charges |
| 174 | from exceeding the estimate. The facility shall place a notice |
| 175 | in reception areas that such information is available. Failure |
| 176 | to provide the estimate within the provisions established |
| 177 | pursuant to this section shall result in a fine of $500 for each |
| 178 | instance of the facility's failure to provide the requested |
| 179 | information. |
| 180 | (8) A licensed facility shall make available to a patient |
| 181 | all records necessary for verification of the accuracy of the |
| 182 | patient's bill within 30 business days after the request for |
| 183 | such records. The verification information must be made |
| 184 | available in the facility's offices. Such records shall be |
| 185 | available to the patient prior to and after payment of the bill |
| 186 | or claim. The facility may not charge the patient for making |
| 187 | such verification records available; however, the facility may |
| 188 | charge its usual fee for providing copies of records as |
| 189 | specified in s. 395.3025. |
| 190 | (9) Each facility shall establish a method for reviewing |
| 191 | and responding to questions from patients concerning the |
| 192 | patient's itemized bill. Such response shall be provided within |
| 193 | 30 days after the date a question is received. If the patient is |
| 194 | not satisfied with the response, the facility must provide the |
| 195 | patient with the address of the agency to which the issue may be |
| 196 | sent for review. |
| 197 | (10) Each licensed facility shall make available on its |
| 198 | Internet website a link to the performance outcome and financial |
| 199 | data that is published by the Agency for Health Care |
| 200 | Administration pursuant to s. 408.05. The facility shall place a |
| 201 | notice in the reception area that the information is available |
| 202 | electronically and the Internet address. |
| 203 | (11) Each rural hospital, as defined in s. 395.602, which |
| 204 | has fewer than 50 beds is exempt from subsection (10). The |
| 205 | agency shall evaluate the most cost-efficient method for |
| 206 | collecting and reporting data for these qualifying rural |
| 207 | hospitals and shall, by December 1, 2005, submit a report to the |
| 208 | Governor, the President of the Senate, and the Speaker of the |
| 209 | House of Representatives. |
| 210 | Section 3. Subsection (1) of section 408.061, Florida |
| 211 | Statutes, is amended to read: |
| 212 | 408.061 Data collection; uniform systems of financial |
| 213 | reporting; information relating to physician charges; |
| 214 | confidential information; immunity.-- |
| 215 | (1) The agency shall may require the submission by health |
| 216 | care facilities, health care providers, and health insurers of |
| 217 | data necessary to carry out the agency's duties. Specifications |
| 218 | for data to be collected under this section shall be developed |
| 219 | by the agency with the assistance of technical advisory panels |
| 220 | including representatives of affected entities, consumers, |
| 221 | purchasers, and such other interested parties as may be |
| 222 | determined by the agency. |
| 223 | (a) Data to be submitted by health care facilities, |
| 224 | including the facilities as defined in chapter 395, shall may |
| 225 | include, but are not limited to: case-mix data, patient |
| 226 | admission and or discharge data, data on hospital-acquired |
| 227 | infections as specified by rule, data on complications as |
| 228 | specified by rule, data on readmissions as specified by rule, |
| 229 | with patient and provider-specific identifiers included, actual |
| 230 | charge data by diagnostic groups, financial data, accounting |
| 231 | data, operating expenses, expenses incurred for rendering |
| 232 | services to patients who cannot or do not pay, interest charges, |
| 233 | depreciation expenses based on the expected useful life of the |
| 234 | property and equipment involved, and demographic data. Hospital |
| 235 | emergency data shall include the number of the patients treated |
| 236 | in the emergency department of a licensed hospital reported by |
| 237 | patient acuity level. The agency shall adopt nationally |
| 238 | recognized risk adjustment methodologies or software consistent |
| 239 | with the standards of the Agency for Healthcare Research and |
| 240 | Quality for all data submitted as required by this section. Data |
| 241 | may be obtained from documents such as, but not limited to: |
| 242 | leases, contracts, debt instruments, itemized patient bills, |
| 243 | medical record abstracts, and related diagnostic information. |
| 244 | Reported data elements shall be reported electronically in |
| 245 | accordance with applicable department rules. Data submitted |
| 246 | shall be certified by the chief executive officer or an |
| 247 | appropriate and duly authorized representative or employee of |
| 248 | the licensed facility that the information is accurate. |
| 249 | (b) Data to be submitted by health care providers may |
| 250 | include, but are not limited to: Medicare and Medicaid |
| 251 | participation, types of services offered to patients, amount of |
| 252 | revenue and expenses of the health care provider, and such other |
| 253 | data which are reasonably necessary to study utilization |
| 254 | patterns. Data submitted shall be certified as true and accurate |
| 255 | by the health care provider or by an appropriate and duly |
| 256 | authorized representative or employee of the health care |
| 257 | provider. |
| 258 | (c) Data to be submitted by health insurers may include, |
| 259 | but are not limited to: claims, premium, administration, and |
| 260 | financial information. Data submitted shall be certified as by |
| 261 | the appropriate and duly authorized representative or employee |
| 262 | of the insurer that the information submitted is true and |
| 263 | accurate. |
| 264 | (d) Data required to be submitted by health care |
| 265 | facilities, health care providers, or health insurers shall not |
| 266 | include specific provider contract reimbursement information. |
| 267 | However, such specific provider reimbursement data shall be |
| 268 | reasonably available for onsite inspection by the agency as is |
| 269 | necessary to carry out the agency's regulatory duties. Any such |
| 270 | data obtained by the agency as a result of onsite inspections |
| 271 | may not be used by the state for purposes of direct provider |
| 272 | contracting and are confidential and exempt from the provisions |
| 273 | of s. 119.07(1) and s. 24(a), Art. I of the State Constitution. |
| 274 | (e) A requirement to submit data shall be adopted by rule |
| 275 | if the submission of data is being required of all members of |
| 276 | any type of health care facility, health care provider, or |
| 277 | health insurer. Rules are not required, however, for the |
| 278 | submission of data for a special study mandated by the |
| 279 | Legislature or when information is being requested for a single |
| 280 | health care facility, health care provider, or health insurer. |
| 281 | Section 4. Subsections (1) and (4) of section 408.062, |
| 282 | Florida Statutes, are amended, and subsection (5) is added to |
| 283 | said section, to read: |
| 284 | 408.062 Research, analyses, studies, and reports.-- |
| 285 | (1) The agency shall have the authority to conduct |
| 286 | research, analyses, and studies relating to health care costs |
| 287 | and access to and quality of health care services as access and |
| 288 | quality are affected by changes in health care costs. Such |
| 289 | research, analyses, and studies shall include, but not be |
| 290 | limited to, research and analysis relating to: |
| 291 | (a) The financial status of any health care facility or |
| 292 | facilities subject to the provisions of this chapter. |
| 293 | (b) The impact of uncompensated charity care on health |
| 294 | care facilities and health care providers. |
| 295 | (c) The state's role in assisting to fund indigent care. |
| 296 | (d) In conjunction with the Office of Insurance |
| 297 | Regulation, the availability and affordability of health |
| 298 | insurance for small businesses. |
| 299 | (e) Total health care expenditures in the state according |
| 300 | to the sources of payment and the type of expenditure. |
| 301 | (f) The quality of health services, using techniques such |
| 302 | as small area analysis, severity adjustments, and risk-adjusted |
| 303 | mortality rates. |
| 304 | (g) The development of physician information payment |
| 305 | systems which are capable of providing data for health care |
| 306 | consumers, taking into account the amount of resources consumed, |
| 307 | including licensed facilities as defined in chapter 395, and the |
| 308 | outcomes produced in the delivery of care. |
| 309 | (h) The collection of a statistically valid sample of data |
| 310 | on the retail prices charged by pharmacies for the 50 most |
| 311 | frequently prescribed medicines from any pharmacy licensed by |
| 312 | this state as a special study authorized by the Legislature to |
| 313 | be performed by the agency quarterly. If a drug is available |
| 314 | generically, price data shall be reported for the generic drug |
| 315 | and price data of a brand name drug for which the generic drug |
| 316 | is the equivalent shall be reported. The agency shall make |
| 317 | available on its Internet website for each pharmacy, no later |
| 318 | than October 1, 2005, drug prices for a 30-day supply at a |
| 319 | standard dose. The data collected shall be reported for each |
| 320 | drug by pharmacy and by metropolitan statistical area or region |
| 321 | and updated quarterly The impact of subacute admissions on |
| 322 | hospital revenues and expenses for purposes of calculating |
| 323 | adjusted admissions as defined in s. 408.07. |
| 324 | (i) The use of emergency department services by patient |
| 325 | acuity level and the implication of increasing hospital cost by |
| 326 | providing nonurgent care in emergency departments. The agency |
| 327 | shall submit an annual report based on this monitoring and |
| 328 | assessment to the Governor, the President of the Senate, the |
| 329 | Speaker of the House of Representatives, and the substantive |
| 330 | legislative committees with the first report due January 1, |
| 331 | 2006. |
| 332 | (j) The making available on its Internet website no later |
| 333 | than October 1, 2004, and in a hard copy format upon request, of |
| 334 | patient charge, volumes, length of stay, and performance outcome |
| 335 | indicators collected from health care facilities pursuant to s. |
| 336 | 408.061 for specific medical conditions, surgeries, and |
| 337 | procedures provided in inpatient and outpatient facilities as |
| 338 | determined by the agency. In making the determination of |
| 339 | specific medical conditions, surgeries, and procedures to |
| 340 | include, the agency shall consider such factors as volume, |
| 341 | severity of the illness, urgency of admission, individual and |
| 342 | societal costs, and whether the condition is acute or chronic. |
| 343 | Performance outcome indicators shall be risk adjusted or |
| 344 | severity adjusted, as applicable, using nationally recognized |
| 345 | risk adjustment methodologies or software consistent with the |
| 346 | standards of the Agency for Healthcare Research and Quality and |
| 347 | as selected by the agency. The Internet website shall also |
| 348 | provide an interactive search that allows consumers to view and |
| 349 | compare the information for specific facilities, a map that |
| 350 | allows consumers to select a county or region, definitions of |
| 351 | all of the data, descriptions of each procedure, and an |
| 352 | explanation about why the data may differ from facility to |
| 353 | facility. Such public data shall be updated quarterly. The |
| 354 | agency shall submit an annual status report on the collection of |
| 355 | data and publication of performance outcome indicators to the |
| 356 | Governor, the President of the Senate, the Speaker of the House |
| 357 | of Representatives, and the substantive legislative committees |
| 358 | with the first status report due January 1, 2005. |
| 359 | (4)(a) The agency shall may conduct data-based studies and |
| 360 | evaluations and make recommendations to the Legislature and the |
| 361 | Governor concerning exemptions, the effectiveness of limitations |
| 362 | of referrals, restrictions on investment interests and |
| 363 | compensation arrangements, and the effectiveness of public |
| 364 | disclosure. Such analysis shall may include, but need not be |
| 365 | limited to, utilization of services, cost of care, quality of |
| 366 | care, and access to care. The agency may require the submission |
| 367 | of data necessary to carry out this duty, which may include, but |
| 368 | need not be limited to, data concerning ownership, Medicare and |
| 369 | Medicaid, charity care, types of services offered to patients, |
| 370 | revenues and expenses, patient-encounter data, and other data |
| 371 | reasonably necessary to study utilization patterns and the |
| 372 | impact of health care provider ownership interests in health- |
| 373 | care-related entities on the cost, quality, and accessibility of |
| 374 | health care. |
| 375 | (b) The agency may collect such data from any health |
| 376 | facility or licensed health care provider as a special study. |
| 377 | (5) The agency shall develop and implement a strategy for |
| 378 | the adoption and use of electronic health records. The agency |
| 379 | may develop rules to facilitate the functionality and protect |
| 380 | the confidentiality of electronic health records. The agency |
| 381 | shall report to the Governor, the President of the Senate, and |
| 382 | the Speaker of the House of Representatives on legislative |
| 383 | recommendations to protect the confidentiality of electronic |
| 384 | health records. |
| 385 | Section 5. Paragraph (l) is added to subsection (3) of |
| 386 | section 408.05, Florida Statutes, and paragraph (a) of |
| 387 | subsection (8) of said section is amended, to read: |
| 388 | 408.05 State Center for Health Statistics.-- |
| 389 | (3) COMPREHENSIVE HEALTH INFORMATION SYSTEM.--In order to |
| 390 | produce comparable and uniform health information and |
| 391 | statistics, the agency shall perform the following functions: |
| 392 | (l) Develop, in conjunction with the State Comprehensive |
| 393 | Health Information System Advisory Council, and implement a |
| 394 | long-range plan for making available performance outcome and |
| 395 | financial data that will allow consumers to compare health care |
| 396 | services. The performance outcomes and financial data the agency |
| 397 | must make available shall include, but are not limited to, |
| 398 | pharmaceuticals, physicians, health care facilities, and health |
| 399 | plans and managed care entities. The agency shall submit the |
| 400 | initial plan to the Governor, the President of the Senate, and |
| 401 | the Speaker of the House of Representatives by March 1, 2005, |
| 402 | and shall update the plan and report on the status of its |
| 403 | implementation annually thereafter. The agency shall also make |
| 404 | the plan and status report available to the public on its |
| 405 | Internet website. As part of the plan, the agency shall identify |
| 406 | the process and timeframes for implementation, any barriers to |
| 407 | implementation, and recommendations of changes in the law that |
| 408 | may be enacted by the Legislature to eliminate the barriers. As |
| 409 | preliminary elements of the plan, the agency shall: |
| 410 | 1. Make available performance outcome and patient charge |
| 411 | data collected from health care facilities pursuant to s. |
| 412 | 408.061. The agency shall determine which conditions and |
| 413 | procedures, performance outcomes, and patient charge data to |
| 414 | disclose based upon input from the council. When determining |
| 415 | which conditions and procedures are to be disclosed, the council |
| 416 | and the agency shall consider variation in costs, variation in |
| 417 | outcomes, and magnitude of variations and other relevant |
| 418 | information. When determining which performance outcomes to |
| 419 | disclose, the agency: |
| 420 | a. Shall consider such factors as volume of cases, average |
| 421 | patient charges, average length of stay, complication rates, |
| 422 | mortality rates, and infection rates, among other factors, which |
| 423 | shall be adjusted for case mix and severity, if applicable. |
| 424 | b. May consider such additional measures that are adopted |
| 425 | by the Centers for Medicare and Medicaid Studies, National |
| 426 | Quality Forum, the Joint Commission on Accreditation of |
| 427 | Healthcare Organizations, and the Agency for Healthcare Research |
| 428 | and Quality, or a similar national entity that establishes |
| 429 | standards to measure the performance of health care providers, |
| 430 | or by other states. |
| 431 |
|
| 432 | When determining which patient charge data to disclose, the |
| 433 | agency shall consider such measures as average charge, average |
| 434 | net revenue per adjusted patient day, average cost per adjusted |
| 435 | patient day, and average cost per admission, among other |
| 436 | measures. |
| 437 | 2. Make available performance measures, benefit design, |
| 438 | and premium cost data from health plans licensed pursuant to |
| 439 | chapter 627 or chapter 641. The agency shall determine which |
| 440 | performance outcome and member and subscriber cost data to |
| 441 | disclose, based upon input from the council. When determining |
| 442 | which data to disclose, the agency shall consider information |
| 443 | that may be required by either individual or group purchasers to |
| 444 | assess the value of the product, which may include membership |
| 445 | satisfaction, quality of care, current enrollment or membership, |
| 446 | coverage areas, accreditation status, premium costs, plan costs, |
| 447 | premium increases, range of benefits, copayments and |
| 448 | deductibles, accuracy and speed of claims payment, credentials |
| 449 | of physicians, number of providers, names of network providers, |
| 450 | and hospitals in the network. Health plans shall make available |
| 451 | to the agency any such data or information that is not currently |
| 452 | reported to the agency or the office. |
| 453 | 3. Determine the method and format for public disclosure |
| 454 | of data reported pursuant to this paragraph. The agency shall |
| 455 | make its determination based upon input from the Comprehensive |
| 456 | Health Information System Advisory Council. At a minimum, the |
| 457 | data shall be made available on the agency's Internet website in |
| 458 | a manner that allows consumers to conduct an interactive search |
| 459 | that allows them to view and compare the information for |
| 460 | specific providers. The Internet website must include such |
| 461 | additional information as is determined necessary to ensure that |
| 462 | the website enhances informed decisionmaking among consumers and |
| 463 | health care purchasers, which shall include, at a minimum, |
| 464 | appropriate guidance on how to use the data and an explanation |
| 465 | of why the data may vary from provider to provider. The data |
| 466 | specified in subparagraph 1. shall be released no later than |
| 467 | March 1, 2005. The data specified in subparagraph 2. shall be |
| 468 | released no later than March 1, 2006. |
| 469 | (8) STATE COMPREHENSIVE HEALTH INFORMATION SYSTEM ADVISORY |
| 470 | COUNCIL.-- |
| 471 | (a) There is established in the agency the State |
| 472 | Comprehensive Health Information System Advisory Council to |
| 473 | assist the center in reviewing the comprehensive health |
| 474 | information system and to recommend improvements for such |
| 475 | system. The council shall consist of the following members: |
| 476 | 1. An employee of the Executive Office of the Governor, to |
| 477 | be appointed by the Governor. |
| 478 | 2. An employee of the Office of Insurance Regulation |
| 479 | Department of Financial Services, to be appointed by the Chief |
| 480 | Financial Officer. |
| 481 | 3. An employee of the Department of Education, to be |
| 482 | appointed by the Commissioner of Education. |
| 483 | 4. Ten persons, to be appointed by the Secretary of Health |
| 484 | Care Administration, representing other state and local |
| 485 | agencies, state universities, the Florida Association of |
| 486 | Business/Health Coalitions, local health councils, professional |
| 487 | health-care-related associations, consumers, and purchasers. |
| 488 | Section 6. Subsection (3) of section 409.9066, Florida |
| 489 | Statutes, is amended to read: |
| 490 | 409.9066 Medicare prescription discount program.-- |
| 491 | (3) The Agency for Health Care Administration shall |
| 492 | publish, on a free website available to the public, the most |
| 493 | recent average wholesale prices for the 200 drugs most |
| 494 | frequently dispensed to the elderly and, to the extent possible, |
| 495 | shall provide a mechanism that consumers may use to calculate |
| 496 | the retail price and the price that should be paid after the |
| 497 | discount required in subsection (1) is applied. The agency shall |
| 498 | provide retail information by geographic area and retail |
| 499 | information by provider within geographical areas. |
| 500 | Section 7. Section 465.0244, Florida Statutes, is created |
| 501 | to read: |
| 502 | 465.0244 Information disclosure.--Every pharmacy shall |
| 503 | make available on its Internet website a link to the financial |
| 504 | data that is published by the Agency for Health Care |
| 505 | Administration pursuant to ss. 408.06 and 409.9066 and shall |
| 506 | place in the area where customers receive filled prescriptions |
| 507 | notice that such information is available electronically and the |
| 508 | Internet address. |
| 509 | Section 8. Section 627.6499, Florida Statutes, is amended |
| 510 | to read: |
| 511 | 627.6499 Reporting by insurers and third-party |
| 512 | administrators.-- |
| 513 | (1) The office may require any insurer, third-party |
| 514 | administrator, or service company to report any information |
| 515 | reasonably required to assist the board in assessing insurers as |
| 516 | required by this act. |
| 517 | (2) Each health insurance issuer shall make available on |
| 518 | its Internet website a link to the performance outcome and |
| 519 | financial data that is published by the Agency for Health Care |
| 520 | Administration pursuant to s. 408.05, and shall include in every |
| 521 | policy delivered or issued for delivery to any person in the |
| 522 | state or any materials provided as required by s. 627.64725, |
| 523 | notice that such information is available electronically and the |
| 524 | Internet address. |
| 525 | Section 9. Subsections (6) and (7) are added to section |
| 526 | 641.54, Florida Statutes, to read: |
| 527 | 641.54 Information disclosure.-- |
| 528 | (6) Each health maintenance organization shall make |
| 529 | available to its subscribers the estimated copay, coinsurance |
| 530 | percentage, or deductible, whichever is applicable, for any |
| 531 | covered services, the status of the subscriber's maximum annual |
| 532 | out-of-pocket payments for a covered individual or family, and |
| 533 | the status of the subscriber's maximum lifetime benefit. Such |
| 534 | estimate shall not preclude the actual copay, coinsurance |
| 535 | percentage, or deductible, whichever is applicable, from |
| 536 | exceeding the estimate. |
| 537 | (7) Each health maintenance organization shall make |
| 538 | available on its Internet website a link to the performance |
| 539 | outcome and financial data that is published by the Agency for |
| 540 | Health Care Administration pursuant to s. 408.05, and shall |
| 541 | include in every policy delivered or issued for delivery to any |
| 542 | person in the state or any materials provided as required by s. |
| 543 | 627.64725, notice that such information is available |
| 544 | electronically and the Internet address. |
| 545 | Section 10. The Agency for Health Care Administration |
| 546 | shall adopt all rules necessary to implement this act no later |
| 547 | than January 1, 2005. |
| 548 | Section 11. This act shall take effect upon becoming a |
| 549 | law. |