HB 1409

CS

CHAMBER ACTION

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

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