Senate Bill sb2786

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    Florida Senate - 2006                                  SB 2786

    By Senator Haridopolos





    26-1505A-06                                        See HB 1409

  1                      A bill to be entitled

  2         An act relating to the Florida Health

  3         Information Network, Inc.; creating s. 408.064,

  4         F.S.; providing a short title and purpose;

  5         requiring the Agency for Health Care

  6         Administration to develop and implement a plan

  7         for the formation and operation of a health

  8         information network; requiring the agency to

  9         enter into a contract to implement the plan;

10         creating the Florida Health Information

11         Network, Inc., as a not-for-profit corporation;

12         providing for a board of directors and for

13         terms thereof; providing duties and

14         responsibilities of the corporation; requiring

15         a report to the Governor and Legislature;

16         providing an appropriation; 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

21  of 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

25  consumers, aided by computerized tools that automatically

26  analyze available health information and by combining that

27  data with clinical logic and practice guidelines based on

28  current, sound medical science, stakeholders, providers, and

29  consumers will have access to the medical information needed

30  to make sound decisions about health care, and

31  

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    Florida Senate - 2006                                  SB 2786
    26-1505A-06                                        See HB 1409




 1         WHEREAS, the state's health care system would benefit

 2  from a reduction in the time it takes to evaluate promising

 3  medical techniques, devices, and drugs and to bring the

 4  products and procedures that are proven safe and effective to

 5  the health care marketplace more quickly, and

 6         WHEREAS, the state's public health officers require

 7  effective information systems to detect, monitor, and manage

 8  emerging health threats most efficiently, and

 9         WHEREAS, a successful medical response to large-scale

10  disasters such as hurricanes is enhanced by effective and

11  timely access to the medical records of those needing medical

12  care, and

13         WHEREAS, providing consumers with effective access to

14  their personal health information and computerized tools that

15  gather data from their medical records and assist in

16  interpreting and monitoring the data in partnership with their

17  health care providers would permit consumers to become better

18  informed and more proactive in managing their health and

19  wellness, thereby reducing utilization of and adding

20  efficiencies to the health care system, and

21         WHEREAS, it is feasible and advisable for the state to

22  implement an effective integrated health information network

23  capable of drawing together critical health information from

24  multiple sources and presenting that information to authorized

25  parties in a usable format to support sound decisions about

26  health care by providers, consumers, public health officers,

27  and researchers while ensuring the privacy and security of

28  personal health information, and

29         WHEREAS, studies have shown that health information

30  networks are more likely to succeed if they are developed,

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    Florida Senate - 2006                                  SB 2786
    26-1505A-06                                        See HB 1409




 1  implemented, and operated by a neutral manager with broad

 2  support among health care stakeholders, and

 3         WHEREAS, the Legislature declares that an integrated

 4  health information network is a necessary and important part

 5  of effectively addressing the challenges and opportunities

 6  facing the state's health care delivery system, and it is the

 7  policy of the state to promote the development and

 8  implementation of an integrated statewide health information

 9  network to be operated by a neutral manager as a

10  public-private partnership, with reasonable oversight and

11  regulation by the state to promote the safety, security, and

12  integrity of the health information network, NOW, THEREFORE,

13  

14  Be It Enacted by the Legislature of the State of Florida:

15  

16         Section 1.  Section 408.064, Florida Statutes, is

17  created to read:

18         408.064  Florida Health Information Network Act;

19  purpose; duties.--

20         (1)  This section may be cited as the "Florida Health

21  Information Network Act."

22         (2)  The purpose of this section is to promote the

23  establishment of a privacy-protected and secure integrated

24  statewide network for the communication of electronic health

25  information among authorized parties and to foster a

26  coordinated public-private initiative for the development and

27  operation of Florida's health information infrastructure.

28         (3)  The agency is responsible for promoting the

29  development of a health information network as a

30  public-private partnership among the state's providers,

31  payors, consumers, employers, public health officials, medical

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    Florida Senate - 2006                                  SB 2786
    26-1505A-06                                        See HB 1409




 1  researchers, and other health care stakeholders. The agency

 2  shall develop and implement a plan for the formation and

 3  operation of a health information network and shall contract

 4  with the Florida Health Information Network, Inc., for the

 5  purpose of implementing the plan, in conformity with the

 6  legislative intent expressed in this section, for the period

 7  July 1, 2006, through June 30, 2008.

 8         (4)  There is created a not-for-profit corporation, to

 9  be known as the "Florida Health Information Network, Inc.,"

10  which shall be registered, incorporated, organized, and

11  operated in compliance with chapter 617, and which shall not

12  be a unit or agency of state government. The affairs of the

13  not-for-profit corporation shall be managed by a board of

14  directors who shall serve without compensation. The initial

15  board of directors shall be the Governor's Health Information

16  Infrastructure Advisory Board which shall serve a term of 18

17  months. Upon expiration of the terms of the initial members,

18  members shall be appointed to 4-year staggered terms in

19  accordance with s. 20.052 by majority vote as provided in the

20  bylaws of the corporation. Any vacancy in office shall be

21  filled for the remainder of the term by majority vote of the

22  members. Any member may be reappointed.

23         (5)  The Florida Health Information Network, Inc.,

24  shall:

25         (a)  Institute a statewide health information network

26  in the state by:

27         1.  Devising and implementing a strategic plan for

28  infrastructure development and periodically evaluating and

29  modifying that plan.

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    Florida Senate - 2006                                  SB 2786
    26-1505A-06                                        See HB 1409




 1         2.  Developing, operating, and maintaining the

 2  technical infrastructure necessary to perform the functions of

 3  the network consistent with the strategic plan.

 4         3.  Promoting an integrated approach to efforts to

 5  create a secure network for communication of electronic health

 6  information in the state.

 7         4.  Marketing the network to promote widespread use of

 8  the network.

 9         5.  Assisting in the development and expansion of

10  existing local or regional health information networks and the

11  creation of new networks.

12         (b)  Develop and implement specific programs or

13  strategies that address the creation, development, and

14  expansion of regional or local health information networks and

15  the recruitment of participants in the network.

16         (c)  Specify standards among regional and local health

17  information networks and other participants in the Florida

18  Health Information Network, Inc., to promote effective

19  statewide and interstate interoperability.

20         (d)  Regularly assess the adoption of electronic health

21  records systems and utilization of the statewide network by

22  providers, consumers, public health officers, and other health

23  care stakeholders to identify and regularly reevaluate the

24  state's health information infrastructure strengths and

25  weaknesses, assess opportunities to increase consumer access

26  to the consumer's health records, and incorporate such

27  information into its regular strategic planning process.

28         (e)  Develop and enforce privacy, security,

29  operational, and technical standards among regional and local

30  health information networks to ensure effective statewide

31  privacy, data security, efficiency, and interoperability

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    Florida Senate - 2006                                  SB 2786
    26-1505A-06                                        See HB 1409




 1  across the network. The network's standards shall be guided by

 2  reference to widely adopted standards or standards accepted by

 3  recognized national standard-setting organizations.

 4         (f)  Develop annual budgets that include funding from

 5  public and private entities, including user fees.

 6         (g)  Take commercially reasonable measures to protect

 7  its intellectual property, including obtaining patents,

 8  trademarks, and copyrights where appropriate.

 9         (h)  Make recommendations for reform of the state's

10  laws regarding medical records.

11         (6)  The agency shall review the data gathered about

12  the Florida Health Information Network, Inc., pursuant to

13  paragraph (5)(d) and make recommendations for its continued

14  development in a report to be submitted to the Governor, the

15  President of the Senate, and the Speaker of the House of

16  Representatives by June 1, 2007.

17         Section 2.  The sum of $9,426,117 is appropriated from

18  the General Revenue Fund to the Agency for Health Care

19  Administration for the 2006-2007 fiscal year to carry out the

20  purposes of this act.

21         Section 3.  This act shall take effect July 1, 2006.

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