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	providing legislative intent; requiring the Agency for
5	Health Care Administration to develop and implement a plan
6	for the formation and operation of a health information
7	network; requiring the agency to enter into a contract to
8	implement the plan; creating the Florida Health
9	Information Network, Inc., as a not-for-profit
10	corporation; providing for a board of directors; providing
11	for appointment of board members; providing for terms;
12	providing duties and responsibilities of the corporation;
13	requiring a report to the Governor and Legislature;
14	providing for certain funds and assets to revert to the
15	state upon dissolution of the network; providing
16	conditions for funding of the network; providing an
17	effective date.
18
19	WHEREAS, the cost of health care in Florida has grown
20	substantially while the demand for a more coordinated system of
21	health care has increased, and
22	WHEREAS, with the benefit of an effective system for
23	sharing privacy-protected medical information among authorized
24	health care stakeholders, health care providers and consumers,
25	aided by computerized tools that automatically analyze available
26	health information and by combining that data with clinical
27	logic and practice guidelines based on current, sound medical
28	science, will have access to the medical information needed to
29	make sound decisions about health care, and
30	WHEREAS, the state's health care system would benefit from
31	a reduction in the time it takes to evaluate promising medical
32	techniques, devices, and drugs and to bring the products and
33	procedures that are proven safe and effective to the health care
34	marketplace more quickly, and
35	WHEREAS, the state's public health officers require
36	effective information systems to detect, monitor, and manage
37	emerging health threats most efficiently, and
38	WHEREAS, a successful medical response to large-scale
39	disasters such as hurricanes is enhanced by effective and timely
40	access to the medical records of those needing medical care, and
41	WHEREAS, providing consumers with effective access to their
42	personal health information and computerized tools that gather
43	data from their medical records and assist in interpreting and
44	monitoring the data in partnership with their health care
45	providers would permit consumers to become better informed and
46	more proactive in managing their health and wellness, thereby
47	reducing utilization of and adding efficiencies to the health
48	care system, and
49	WHEREAS, it is feasible and advisable for the state to
50	implement an effective integrated health information network
51	capable of drawing together critical health information from
52	multiple sources and presenting that information to authorized
53	parties in a usable format to support sound decisions about
54	health care by providers, consumers, public health officers, and
55	researchers while ensuring the privacy and security of personal
56	health information, and
57	WHEREAS, studies have shown that health information
58	networks are more likely to succeed if they are developed,
59	implemented, and operated by a neutral manager with broad
60	support among health care stakeholders, and
61	WHEREAS, the Legislature declares that an integrated health
62	information network is a necessary and important part of
63	effectively addressing the challenges and opportunities facing
64	the state's health care delivery system, and it is the policy of
65	the state to promote the development and implementation of an
66	integrated statewide health information network to be operated
67	by a neutral manager as a public-private partnership, with
68	reasonable oversight and regulation by the state to promote the
69	safety, security, and integrity of the health information
70	network, NOW, THEREFORE,
71
72	Be It Enacted by the Legislature of the State of Florida:
73
74	Section 1.  Section 408.064, Florida Statutes, is created
75	to read:
76	408.064  Florida Health Information Network Act; purpose;
77	duties.--
78	(1)  This section may be cited as the "Florida Health
79	Information Network Act."
80	(2)  It is the intent of the Legislature that the state
81	shall promote the establishment of a privacy-protected and
82	secure integrated statewide network for the communication of
83	electronic health information among authorized parties and to
84	foster a coordinated public-private initiative for the
85	development and operation of Florida's health information
86	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 a plan
92	and performance standards for the formation and operation of a
93	health information network and shall contract with the Florida
94	Health Information Network, Inc., for the purpose of
95	implementing the plan, consistent with the performance standards
96	for the period July 1, 2006, through June 30, 2008.
97	(4)  There is created a not-for-profit corporation, to be
98	known as the "Florida Health Information Network, Inc.," which
99	shall be registered, incorporated, organized, and operated in
100	compliance with chapter 617. The affairs of the not-for-profit
101	corporation shall be managed by a board of directors who shall
102	serve without compensation. The board of directors shall consist
103	of the following members:
104	(a)  The Secretary of Health Care Administration or the
105	secretary's designee.
106	(b)  The Secretary of Health or the secretary's designee.
107	(c)  The Secretary of Elderly Affairs or the secretary's
108	designee.
109	(d)  Twelve members from the private or public sector,
110	seven of whom shall be appointed by the Governor, two of whom
111	shall be appointed by the President of the Senate, two of whom
112	shall be appointed by the Speaker of the House of
113	Representatives, and one member who shall be appointed by the
114	Chief Financial Officer. Vacancies on the board shall be filled
115	by appointment by the Governor, the President of the Senate, the
116	Speaker of the House of Representatives, or the Chief Financial
117	Officer, respectively, depending on who appointed the member
118	whose vacancy is to be filled or whose term has expired. Members
119	shall be appointed for terms of 4 years. Any member is eligible
120	for reappointment. A vacancy on the board of directors shall be
121	filled for the remainder of the unexpired term.
122	(5)  The Florida Health Information Network, Inc., shall:
123	(a)  Institute a statewide health information network in
124	the state by:
125	1.  Devising and implementing a strategic plan for
126	infrastructure development and periodically evaluating and
127	modifying that plan.
128	2.  Developing and maintaining the technical infrastructure
129	necessary to perform the functions of the network consistent
130	with the strategic plan.
131	3.  Promoting an integrated approach to efforts to create a
132	secure network for communication of electronic health
133	information in the state.
134	4.  Marketing the network to promote widespread use of the
135	network.
136	5.  Assisting in the development and expansion of existing
137	local or regional health information networks and the creation
138	of new networks.
139	(b)  Develop and implement specific programs or strategies
140	that address the creation, development, and expansion of
141	regional or local health information networks and the
142	recruitment of participants in the network.
143	(c)  Specify standards among regional and local health
144	information networks and other participants in the Florida
145	Health Information Network, Inc., to promote effective statewide
146	and interstate interoperability.
147	(d)  Regularly assess the adoption of electronic health
148	records systems and utilization of the statewide network by
149	providers, consumers, public health officers, and other health
150	care stakeholders to identify and regularly reevaluate the
151	state's health information infrastructure strengths and
152	weaknesses, assess opportunities to increase consumer access to
153	the consumer's health records, and incorporate such information
154	into its regular strategic planning process.
155	(e)  Develop and enforce privacy, security, operational,
156	and technical standards among regional and local health
157	information networks to ensure effective statewide privacy, data
158	security, efficiency, and interoperability across networks. The
159	network's standards shall be guided by reference to widely
160	adopted standards or standards accepted by recognized national
161	standard-setting organizations.
162	(f)  Develop annual budgets that include funding from
163	public and private entities, including user fees.
164	(g)  Take commercially reasonable measures to protect its
165	intellectual property, including obtaining patents, trademarks,
166	and copyrights where appropriate.
167	(h)  Make recommendations for reform of the state's laws
168	regarding medical records and the collection of medical records
169	data.
170	(6)  The agency shall review the data gathered about the
171	Florida Health Information Network, Inc., pursuant to paragraph
172	(5)(d) and make recommendations for its continued development in
173	a report to be submitted to the Governor, the President of the
174	Senate, and the Speaker of the House of Representatives by June
175	1, 2007.
176	(7)  Upon dissolution of the Florida Health Information
177	Network, Inc., all assets shall revert to the state and funds
178	shall revert to the General Revenue Fund.
179	Section 2.  The Florida Health Information Network, Inc.,
180	may be funded through the General Appropriations Act and may
181	seek funding through public and private entities to accomplish
182	its goals and duties. Appropriations for the Agency for Health
183	Care Administration's Florida Health Information Network grants
184	program shall not be used to fund the Florida Health Information
185	Network, Inc.
186	Section 3.  This act shall take effect July 1, 2006.

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