HB 1409

1	A bill to be entitled
2	An act relating to the Florida Health Information Network,
3	Inc.; creating s. 408.064, F.S.; providing a short title
4	and purpose; requiring the Agency for Health Care
5	Administration to develop and implement a plan for the
6	formation and operation of a health information network;
7	requiring the agency to enter into a contract to implement
8	the plan; creating the Florida Health Information Network,
9	Inc., as a not-for-profit corporation; providing for a
10	board of directors and for terms thereof; providing duties
11	and responsibilities of the corporation; requiring a
12	report to the Governor and Legislature; providing an
13	appropriation; providing an effective date.
14
15	WHEREAS, the cost of health care in Florida has grown
16	substantially while the demand for a more coordinated system of
17	health care has increased, and
18	WHEREAS, with the benefit of an effective system for
19	sharing privacy-protected medical information among authorized
20	health care stakeholders, health care providers and consumers,
21	aided by computerized tools that automatically analyze available
22	health information and by combining that data with clinical
23	logic and practice guidelines based on current, sound medical
24	science, will have access to the medical information needed to
25	make sound decisions about health care, and
26	WHEREAS, the state's health care system would benefit from
27	a reduction in the time it takes to evaluate promising medical
28	techniques, devices, and drugs and to bring the products and
29	procedures that are proven safe and effective to the health care
30	marketplace more quickly, and
31	WHEREAS, the state's public health officers require
32	effective information systems to detect, monitor, and manage
33	emerging health threats most efficiently, and
34	WHEREAS, a successful medical response to large-scale
35	disasters such as hurricanes is enhanced by effective and timely
36	access to the medical records of those needing medical care, and
37	WHEREAS, providing consumers with effective access to their
38	personal health information and computerized tools that gather
39	data from their medical records and assist in interpreting and
40	monitoring the data in partnership with their health care
41	providers would permit consumers to become better informed and
42	more proactive in managing their health and wellness, thereby
43	reducing utilization of and adding efficiencies to the health
44	care system, and
45	WHEREAS, it is feasible and advisable for the state to
46	implement an effective integrated health information network
47	capable of drawing together critical health information from
48	multiple sources and presenting that information to authorized
49	parties in a usable format to support sound decisions about
50	health care by providers, consumers, public health officers, and
51	researchers while ensuring the privacy and security of personal
52	health information, and
53	WHEREAS, studies have shown that health information
54	networks are more likely to succeed if they are developed,
55	implemented, and operated by a neutral manager with broad
56	support among health care stakeholders, and
57	WHEREAS, the Legislature declares that an integrated health
58	information network is a necessary and important part of
59	effectively addressing the challenges and opportunities facing
60	the state's health care delivery system, and it is the policy of
61	the state to promote the development and implementation of an
62	integrated statewide health information network to be operated
63	by a neutral manager as a public-private partnership, with
64	reasonable oversight and regulation by the state to promote the
65	safety, security, and integrity of the health information
66	network, NOW, THEREFORE,
67
68	Be It Enacted by the Legislature of the State of Florida:
69
70	Section 1.  Section 408.064, Florida Statutes, is created
71	to read:
72	408.064  Florida Health Information Network Act; purpose;
73	duties.--
74	(1)  This section may be cited as the "Florida Health
75	Information Network Act."
76	(2)  The purpose of this section is to promote the
77	establishment of a privacy-protected and secure integrated
78	statewide network for the communication of electronic health
79	information among authorized parties and to foster a coordinated
80	public-private initiative for the development and operation of
81	Florida's health information infrastructure.
82	(3)  The agency is responsible for promoting the
83	development of a health information network as a public-private
84	partnership among the state's providers, payors, consumers,
85	employers, public health officials, medical researchers, and
86	other health care stakeholders. The agency shall develop and
87	implement a plan for the formation and operation of a health
88	information network and shall contract with the Florida Health
89	Information Network, Inc., for the purpose of implementing the
90	plan, in conformity with the legislative intent expressed in
91	this section, for the period July 1, 2006, through June 30,
92	2008.
93	(4)  There is created a not-for-profit corporation, to be
94	known as the "Florida Health Information Network, Inc.," which
95	shall be registered, incorporated, organized, and operated in
96	compliance with chapter 617, and which shall not be a unit or
97	agency of state government. The affairs of the not-for-profit
98	corporation shall be managed by a board of directors who shall
99	serve without compensation. The initial board of directors shall
100	be the Governor's Health Information Infrastructure Advisory
101	Board which shall serve a term of 18 months. Upon expiration of
102	the terms of the initial members, members shall be appointed to
103	4-year staggered terms in accordance with s. 20.052 by majority
104	vote as provided in the bylaws of the corporation. Any vacancy
105	in office shall be filled for the remainder of the term by
106	majority vote of the members. Any member may be reappointed.
107	(5)  The Florida Health Information Network, Inc., shall:
108	(a)  Institute a statewide health information network in
109	the state by:
110	1.  Devising and implementing a strategic plan for
111	infrastructure development and periodically evaluating and
112	modifying that plan.
113	2.  Developing, operating, and maintaining the technical
114	infrastructure necessary to perform the functions of the network
115	consistent with the strategic plan.
116	3.  Promoting an integrated approach to efforts to create a
117	secure network for communication of electronic health
118	information in the state.
119	4.  Marketing the network to promote widespread use of the
120	network.
121	5.  Assisting in the development and expansion of existing
122	local or regional health information networks and the creation
123	of new networks.
124	(b)  Develop and implement specific programs or strategies
125	that address the creation, development, and expansion of
126	regional or local health information networks and the
127	recruitment of participants in the network.
128	(c)  Specify standards among regional and local health
129	information networks and other participants in the Florida
130	Health Information Network, Inc., to promote effective statewide
131	and interstate interoperability.
132	(d)  Regularly assess the adoption of electronic health
133	records systems and utilization of the statewide network by
134	providers, consumers, public health officers, and other health
135	care stakeholders to identify and regularly reevaluate the
136	state's health information infrastructure strengths and
137	weaknesses, assess opportunities to increase consumer access to
138	the consumer's health records, and incorporate such information
139	into its regular strategic planning process.
140	(e)  Develop and enforce privacy, security, operational,
141	and technical standards among regional and local health
142	information networks to ensure effective statewide privacy, data
143	security, efficiency, and interoperability across the network.
144	The network's standards shall be guided by reference to widely
145	adopted standards or standards accepted by recognized national
146	standard-setting organizations.
147	(f)  Develop annual budgets that include funding from
148	public and private entities, including user fees.
149	(g)  Take commercially reasonable measures to protect its
150	intellectual property, including obtaining patents, trademarks,
151	and copyrights where appropriate.
152	(h)  Make recommendations for reform of the state's laws
153	regarding medical records.
154	(6)  The agency shall review the data gathered about the
155	Florida Health Information Network, Inc., pursuant to paragraph
156	(5)(d) and make recommendations for its continued development in
157	a report to be submitted to the Governor, the President of the
158	Senate, and the Speaker of the House of Representatives by June
159	1, 2007.
160	Section 2.  The sum of $9,426,117 is appropriated from the
161	General Revenue Fund to the Agency for Health Care
162	Administration for the 2006-2007 fiscal year to carry out the
163	purposes of this act.
164	Section 3.  This act shall take effect July 1, 2006.

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