| 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. |