Amendment
Bill No. 1409

Amendment No. 694101

CHAMBER ACTION
Senate		House
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1	Representative(s) Benson offered the following:
2
3	Amendment (with title amendment)
4	Remove everything after the enacting clause and insert:
5	Section 1.  Section 408.064, Florida Statutes, is created
6	to read:
7	408.064  Florida Health Information Network Act; purpose;
8	duties.--
9	(1)  This section may be cited as the "Florida Health
10	Information Network Act."
11	(2)  It is the intent of the Legislature that the state
12	shall promote the establishment of a privacy-protected and
13	secure integrated statewide network for the communication of
14	electronic health information among authorized parties and to
15	foster a coordinated public-private initiative for the
16	development and operation of Florida's health information
17	infrastructure.
18	(3)  The agency is responsible for promoting the
19	development of a health information network as a public-private
20	partnership among the state's providers, payors, consumers,
21	employers, public health officials, medical researchers, and
22	other health care stakeholders. The agency shall develop a plan
23	and performance standards for the formation and operation of a
24	health information network and shall contract with the Florida
25	Health Information Network, Inc., for the purpose of
26	implementing the plan, consistent with the performance standards
27	for the period July 1, 2006, through June 30, 2008.
28	(4)  There is created a not-for-profit corporation, to be
29	known as the "Florida Health Information Network, Inc.," which
30	shall be registered, incorporated, organized, and operated in
31	compliance with chapter 617. The affairs of the not-for-profit
32	corporation shall be managed by a board of directors who shall
33	serve without compensation. The board of directors shall consist
34	of the following members:
35	(a)  The Secretary of Health Care Administration or the
36	secretary's designee.
37	(b)  The Secretary of Health or the secretary's designee.
38	(c)  The Secretary of Elderly Affairs or the secretary's
39	designee.
40	(d)  Twelve members from the private or public sector,
41	seven of whom shall be appointed by the Governor, two of whom
42	shall be appointed by the President of the Senate, two of whom
43	shall be appointed by the Speaker of the House of
44	Representatives, and one member who shall be appointed by the
45	Chief Financial Officer. Vacancies on the board shall be filled
46	by appointment by the Governor, the President of the Senate, the
47	Speaker of the House of Representatives, or the Chief Financial
48	Officer, respectively, depending on who appointed the member
49	whose vacancy is to be filled or whose term has expired. Members
50	shall be appointed for terms of 4 years. Any member is eligible
51	for reappointment. A vacancy on the board of directors shall be
52	filled for the remainder of the unexpired term.
53	(5)  The Florida Health Information Network, Inc., shall:
54	(a)  Institute a statewide health information network in
55	the state by:
56	1.  Devising and implementing a strategic plan for
57	infrastructure development and periodically evaluating and
58	modifying that plan.
59	2.  Developing and maintaining the technical infrastructure
60	necessary to perform the functions of the network consistent
61	with the strategic plan.
62	3.  Promoting an integrated approach to efforts to create a
63	secure network for communication of electronic health
64	information in the state.
65	4.  Marketing the network to promote widespread use of the
66	network.
67	5.  Assisting in the development and expansion of existing
68	local or regional health information networks and the creation
69	of new networks.
70	(b)  Develop and implement specific programs or strategies
71	that address the creation, development, and expansion of
72	regional or local health information networks and the
73	recruitment of participants in the network.
74	(c)  Specify standards among regional and local health
75	information networks and other participants in the Florida
76	Health Information Network, Inc., to promote effective statewide
77	and interstate interoperability.
78	(d)  Regularly assess the adoption of electronic health
79	records systems and utilization of the statewide network by
80	providers, consumers, public health officers, and other health
81	care stakeholders to identify and regularly reevaluate the
82	state's health information infrastructure strengths and
83	weaknesses, assess opportunities to increase consumer access to
84	the consumer's health records, and incorporate such information
85	into its regular strategic planning process.
86	(e)  Develop and enforce privacy, security, operational,
87	and technical standards among regional and local health
88	information networks to ensure effective statewide privacy, data
89	security, efficiency, and interoperability across networks. The
90	network's standards shall be guided by reference to widely
91	adopted standards or standards accepted by recognized national
92	standard-setting organizations.
93	(f)  Develop annual budgets that include funding from
94	public and private entities, including user fees.
95	(g)  Take commercially reasonable measures to protect its
96	intellectual property, including obtaining patents, trademarks,
97	and copyrights where appropriate.
98	(h)  Make recommendations for reform of the state's laws
99	regarding medical records and the collection of medical records
100	data.
101	(6)  The agency shall review the data gathered about the
102	Florida Health Information Network, Inc., pursuant to paragraph
103	(5)(d) and make recommendations for its continued development in
104	a report to be submitted to the Governor, the President of the
105	Senate, and the Speaker of the House of Representatives by June
106	1, 2007.
107	(7)  Upon dissolution of the Florida Health Information
108	Network, Inc., all assets shall revert to the state and funds
109	shall revert to the General Revenue Fund.
110	Section 2.  The Florida Health Information Network, Inc.,
111	may be funded through the General Appropriations Act and may
112	seek funding through public and private entities to accomplish
113	its goals and duties. Appropriations for the Agency for Health
114	Care Administration's Florida Health Information Network grants
115	program shall not be used to fund the Florida Health Information
116	Network, Inc.
117	Section 3.  This act shall take effect July 1, 2006.
118
119
120	======= T I T L E  A M E N D M E N T ==========
121	Remove the entire title and insert:
122	A bill to be entitled
123	An act relating to the Florida Health Information Network,
124	Inc.;creating s. 408.064, F.S.; providing a short title;
125	providing legislative intent; requiring the Agency for
126	Health Care Administration to develop and implement a plan
127	for the formation and operation of a health information
128	network; requiring the agency to enter into a contract to
129	implement the plan; creating the Florida Health
130	Information Network, Inc., as a not-for-profit
131	corporation; providing for a board of directors; providing
132	for appointment of board members; providing for terms;
133	providing duties and responsibilities of the corporation;
134	requiring a report to the Governor and Legislature;
135	providing for certain funds and assets to revert to the
136	state upon dissolution of the network; providing
137	conditions for funding of the network; providing an
138	effective date.

CODING: Words stricken are deletions; words underlined are additions.