Amendment
Bill No. 7073
Amendment No. 542629
CHAMBER ACTION
Senate House
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1Representative(s) Benson offered the following:
2
3     Amendment (with title amendment)
4     Between lines 827 and 828, insert:
5     Section 18.  Section 408.064, Florida Statutes, is created
6to 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)  It is the intent of the Legislature that the state
12shall promote the establishment of a privacy-protected and
13secure integrated statewide network for the communication of
14electronic health information among authorized parties and to
15foster a coordinated public-private initiative for the
16development and operation of Florida's health information
17infrastructure.
18     (3)  The agency is responsible for promoting the
19development of a health information network as a public-private
20partnership among the state's providers, payors, consumers,
21employers, public health officials, medical researchers, and
22other health care stakeholders. The agency shall develop a plan
23and performance standards for the formation and operation of a
24health information network and shall contract with the Florida
25Health Information Network, Inc., for the purpose of
26implementing the plan, consistent with the performance standards
27for the period July 1, 2006, through June 30, 2008.
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. The affairs of the not-for-profit
32corporation shall be managed by a board of directors who shall
33serve without compensation. The board of directors shall consist
34of the following members:
35     (a)  The Secretary of Health Care Administration or the
36secretary's designee.
37     (b)  The Secretary of Health or the secretary's designee.
38     (c)  The Secretary of Elderly Affairs or the secretary's
39designee.
40     (d)  Twelve members from the private or public sector,
41seven of whom shall be appointed by the Governor, two of whom
42shall be appointed by the President of the Senate, two of whom
43shall be appointed by the Speaker of the House of
44Representatives, and one member who shall be appointed by the
45Chief Financial Officer. Vacancies on the board shall be filled
46by appointment by the Governor, the President of the Senate, the
47Speaker of the House of Representatives, or the Chief Financial
48Officer, respectively, depending on who appointed the member
49whose vacancy is to be filled or whose term has expired. Members
50shall be appointed for terms of 4 years. Any member is eligible
51for reappointment. A vacancy on the board of directors shall be
52filled for the remainder of the unexpired term.
53     (5)  The Florida Health Information Network, Inc., shall:
54     (a)  Institute a statewide health information network in
55the state by:
56     1.  Devising and implementing a strategic plan for
57infrastructure development and periodically evaluating and
58modifying that plan.
59     2.  Developing and maintaining the technical infrastructure
60necessary to perform the functions of the network consistent
61with the strategic plan.
62     3.  Promoting an integrated approach to efforts to create a
63secure network for communication of electronic health
64information in the state.
65     4.  Marketing the network to promote widespread use of the
66network.
67     5.  Assisting in the development and expansion of existing
68local or regional health information networks and the creation
69of new networks.
70     (b)  Develop and implement specific programs or strategies
71that address the creation, development, and expansion of
72regional or local health information networks and the
73recruitment of participants in the network.
74     (c)  Specify standards among regional and local health
75information networks and other participants in the Florida
76Health Information Network, Inc., to promote effective statewide
77and interstate interoperability.
78     (d)  Regularly assess the adoption of electronic health
79records systems and utilization of the statewide network by
80providers, consumers, public health officers, and other health
81care stakeholders to identify and regularly reevaluate the
82state's health information infrastructure strengths and
83weaknesses, assess opportunities to increase consumer access to
84the consumer's health records, and incorporate such information
85into its regular strategic planning process.
86     (e)  Develop and enforce privacy, security, operational,
87and technical standards among regional and local health
88information networks to ensure effective statewide privacy, data
89security, efficiency, and interoperability across networks. The
90network's standards shall be guided by reference to widely
91adopted standards or standards accepted by recognized national
92standard-setting organizations.
93     (f)  Develop annual budgets that include funding from
94public and private entities, including user fees.
95     (g)  Take commercially reasonable measures to protect its
96intellectual property, including obtaining patents, trademarks,
97and copyrights where appropriate.
98     (h)  Make recommendations for reform of the state's laws
99regarding medical records and the collection of medical records
100data.
101     (6)  The agency shall review the data gathered about the
102Florida Health Information Network, Inc., pursuant to paragraph
103(5)(d) and make recommendations for its continued development in
104a report to be submitted to the Governor, the President of the
105Senate, and the Speaker of the House of Representatives by June
1061, 2007.
107     (7)  Upon dissolution of the Florida Health Information
108Network, Inc., all assets shall revert to the state and funds
109shall revert to the General Revenue Fund.
110     Section 19.  The Florida Health Information Network, Inc.,
111may be funded through the General Appropriations Act and may
112seek funding through public and private entities to accomplish
113its goals and duties. Appropriations for the Agency for Health
114Care Administration's Florida Health Information Network grants
115program shall not be used to fund the Florida Health Information
116Network, Inc.
117
118======= T I T L E  A M E N D M E N T =======
119     Remove line 41 and insert:
120facility; creating s. 408.064, F.S.; providing a short
121title; providing legislative intent; requiring the Agency
122for Health Care Administration to develop and implement a
123plan for the formation and operation of a health
124information network; requiring the agency to enter into a
125contract to implement the plan; creating the Florida
126Health Information Network, Inc., as a not-for-profit
127corporation; providing for a board of directors; providing
128for appointment of board members; providing for terms;
129providing duties and responsibilities of the corporation;
130requiring a report to the Governor and Legislature;
131providing for certain funds and assets to revert to the
132state upon dissolution of the network; providing
133conditions for funding of the network; providing an
134effective date.


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