Amendment
Bill No. 7073
Amendment No. 340487
CHAMBER ACTION
Senate House
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1Representative(s) Benson offered the following:
2
3     Amendment (with title amendment)
4     Remove lines 793 and 794 and insert:
5     Section 17.  Effective July 1, 2006, section 408.064,
6Florida Statutes, is created to read:
7     408.064  Florida Health Information Network Act; purpose;
8duties.--
9     (1)  This section may be cited as the "Florida Health
10Information Network Act."
11     (2)  The purpose of this section is to promote the
12establishment of a privacy-protected and secure integrated
13statewide network for the communication of electronic health
14information among authorized parties and to foster a coordinated
15public-private initiative for the development and operation of
16Florida's health information infrastructure.
17     (3)  The agency is responsible for promoting the
18development of a health information network as a public-private
19partnership among the state's providers, payors, consumers,
20employers, public health officials, medical researchers, and
21other health care stakeholders. The agency shall develop and
22implement a plan for the formation and operation of a health
23information network and shall contract with the Florida Health
24Information Network, Inc., for the purpose of implementing the
25plan, in conformity with the legislative intent expressed in
26this section, for the period July 1, 2006, through June 30,
272008.
28     (4)  There is created a not-for-profit corporation, to be
29known as the "Florida Health Information Network, Inc.," which
30shall be registered, incorporated, organized, and operated in
31compliance with chapter 617, and which shall not be a unit or
32agency of state government. The affairs of the not-for-profit
33corporation shall be managed by a board of directors who shall
34serve without compensation. The initial board of directors shall
35be the Governor's Health Information Infrastructure Advisory
36Board which shall serve a term of 18 months. Upon expiration of
37the terms of the initial members, members shall be appointed to
384-year staggered terms in accordance with s. 20.052 by majority
39vote as provided in the bylaws of the corporation. Any vacancy
40in office shall be filled for the remainder of the term by
41majority 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
44the state by:
45     1.  Devising and implementing a strategic plan for
46infrastructure development and periodically evaluating and
47modifying that plan.
48     2.  Developing, operating, and maintaining the technical
49infrastructure necessary to perform the functions of the network
50consistent with the strategic plan.
51     3.  Promoting an integrated approach to efforts to create a
52secure network for communication of electronic health
53information in the state.
54     4.  Marketing the network to promote widespread use of the
55network.
56     5.  Assisting in the development and expansion of existing
57local or regional health information networks and the creation
58of new networks.
59     (b)  Develop and implement specific programs or strategies
60that address the creation, development, and expansion of
61regional or local health information networks and the
62recruitment of participants in the network.
63     (c)  Specify standards among regional and local health
64information networks and other participants in the Florida
65Health Information Network, Inc., to promote effective statewide
66and interstate interoperability.
67     (d)  Regularly assess the adoption of electronic health
68records systems and utilization of the statewide network by
69providers, consumers, public health officers, and other health
70care stakeholders to identify and regularly reevaluate the
71state's health information infrastructure strengths and
72weaknesses, assess opportunities to increase consumer access to
73the consumer's health records, and incorporate such information
74into its regular strategic planning process.
75     (e)  Develop and enforce privacy, security, operational,
76and technical standards among regional and local health
77information networks to ensure effective statewide privacy, data
78security, efficiency, and interoperability across the network.
79The network's standards shall be guided by reference to widely
80adopted standards or standards accepted by recognized national
81standard-setting organizations.
82     (f)  Develop annual budgets that include funding from
83public and private entities, including user fees.
84     (g)  Take commercially reasonable measures to protect its
85intellectual property, including obtaining patents, trademarks,
86and copyrights where appropriate.
87     (h)  Make recommendations for reform of the state's laws
88regarding medical records.
89     (6)  The agency shall review the data gathered about the
90Florida Health Information Network, Inc., pursuant to paragraph
91(5)(d) and make recommendations for its continued development in
92a report to be submitted to the Governor, the President of the
93Senate, and the Speaker of the House of Representatives by June
941, 2007.
95     Section 18.  The Florida Health Information Network, Inc.,
96may be funded through the General Appropriations Act and may
97seek funding through public and private entities to accomplish
98its goals and duties. Appropriations for the Agency for Health
99Care Administration's Florida Health Information Network, Inc.,
100grants program shall not be used to fund the Florida Health
101Information Network, Inc.
102     Section 19.  Except as otherwise expressly provided in this
103act, 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:
106creating s. 408.064, F.S.; providing a short title and
107purpose; requiring the Agency for Health Care
108Administration to develop and implement a plan for the
109formation and operation of a health information network;
110requiring the agency to enter into a contract to implement
111the plan; creating the Florida Health Information Network,
112Inc., as a not-for-profit corporation; providing for a
113board of directors and for terms thereof; providing duties
114and responsibilities of the corporation; requiring a
115report to the Governor and Legislature; providing
116conditions for funding of the network; providing effective
117dates.


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