1 | Representative(s) Benson offered the following: |
2 |
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3 | Amendment (with title amendment) |
4 | Remove lines 793 and 794 and insert: |
5 | Section 17. Effective July 1, 2006, section 408.064, |
6 | Florida Statutes, is created 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) The purpose of this section is to promote the |
12 | establishment of a privacy-protected and secure integrated |
13 | statewide network for the communication of electronic health |
14 | information among authorized parties and to foster a coordinated |
15 | public-private initiative for the development and operation of |
16 | Florida's health information infrastructure. |
17 | (3) The agency is responsible for promoting the |
18 | development of a health information network as a public-private |
19 | partnership among the state's providers, payors, consumers, |
20 | employers, public health officials, medical researchers, and |
21 | other health care stakeholders. The agency shall develop and |
22 | implement a plan for the formation and operation of a health |
23 | information network and shall contract with the Florida Health |
24 | Information Network, Inc., for the purpose of implementing the |
25 | plan, in conformity with the legislative intent expressed in |
26 | this section, for the period July 1, 2006, through June 30, |
27 | 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, and which shall not be a unit or |
32 | agency of state government. The affairs of the not-for-profit |
33 | corporation shall be managed by a board of directors who shall |
34 | serve without compensation. The initial board of directors shall |
35 | be the Governor's Health Information Infrastructure Advisory |
36 | Board which shall serve a term of 18 months. Upon expiration of |
37 | the terms of the initial members, members shall be appointed to |
38 | 4-year staggered terms in accordance with s. 20.052 by majority |
39 | vote as provided in the bylaws of the corporation. Any vacancy |
40 | in office shall be filled for the remainder of the term by |
41 | majority vote of the members. Any member may be reappointed. |
42 | (5) The Florida Health Information Network, Inc., shall: |
43 | (a) Institute a statewide health information network in |
44 | the state by: |
45 | 1. Devising and implementing a strategic plan for |
46 | infrastructure development and periodically evaluating and |
47 | modifying that plan. |
48 | 2. Developing, operating, and maintaining the technical |
49 | infrastructure necessary to perform the functions of the network |
50 | consistent with the strategic plan. |
51 | 3. Promoting an integrated approach to efforts to create a |
52 | secure network for communication of electronic health |
53 | information in the state. |
54 | 4. Marketing the network to promote widespread use of the |
55 | network. |
56 | 5. Assisting in the development and expansion of existing |
57 | local or regional health information networks and the creation |
58 | of new networks. |
59 | (b) Develop and implement specific programs or strategies |
60 | that address the creation, development, and expansion of |
61 | regional or local health information networks and the |
62 | recruitment of participants in the network. |
63 | (c) Specify standards among regional and local health |
64 | information networks and other participants in the Florida |
65 | Health Information Network, Inc., to promote effective statewide |
66 | and interstate interoperability. |
67 | (d) Regularly assess the adoption of electronic health |
68 | records systems and utilization of the statewide network by |
69 | providers, consumers, public health officers, and other health |
70 | care stakeholders to identify and regularly reevaluate the |
71 | state's health information infrastructure strengths and |
72 | weaknesses, assess opportunities to increase consumer access to |
73 | the consumer's health records, and incorporate such information |
74 | into its regular strategic planning process. |
75 | (e) Develop and enforce privacy, security, operational, |
76 | and technical standards among regional and local health |
77 | information networks to ensure effective statewide privacy, data |
78 | security, efficiency, and interoperability across the network. |
79 | The network's standards shall be guided by reference to widely |
80 | adopted standards or standards accepted by recognized national |
81 | standard-setting organizations. |
82 | (f) Develop annual budgets that include funding from |
83 | public and private entities, including user fees. |
84 | (g) Take commercially reasonable measures to protect its |
85 | intellectual property, including obtaining patents, trademarks, |
86 | and copyrights where appropriate. |
87 | (h) Make recommendations for reform of the state's laws |
88 | regarding medical records. |
89 | (6) The agency shall review the data gathered about the |
90 | Florida Health Information Network, Inc., pursuant to paragraph |
91 | (5)(d) and make recommendations for its continued development in |
92 | a report to be submitted to the Governor, the President of the |
93 | Senate, and the Speaker of the House of Representatives by June |
94 | 1, 2007. |
95 | Section 18. The Florida Health Information Network, Inc., |
96 | may be funded through the General Appropriations Act and may |
97 | seek funding through public and private entities to accomplish |
98 | its goals and duties. Appropriations for the Agency for Health |
99 | Care Administration's Florida Health Information Network, Inc., |
100 | grants program shall not be used to fund the Florida Health |
101 | Information Network, Inc. |
102 | Section 19. Except as otherwise expressly provided in this |
103 | act, this act shall take effect upon becoming a law. |
104 | ======= T I T L E A M E N D M E N T ======= |
105 | Remove line 40 and insert: |
106 | creating s. 408.064, F.S.; providing a short title and |
107 | purpose; requiring the Agency for Health Care |
108 | Administration to develop and implement a plan for the |
109 | formation and operation of a health information network; |
110 | requiring the agency to enter into a contract to implement |
111 | the plan; creating the Florida Health Information Network, |
112 | Inc., as a not-for-profit corporation; providing for a |
113 | board of directors and for terms thereof; providing duties |
114 | and responsibilities of the corporation; requiring a |
115 | report to the Governor and Legislature; providing |
116 | conditions for funding of the network; providing effective |
117 | dates. |