| 1 | Representative(s) Benson offered the following: |
| 2 |
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| 3 | Substitute Amendment for Amendment (340487) (with title |
| 4 | amendment) |
| 5 | Between lines 792 and 793, insert: |
| 6 | Section 17. Section 408.064, Florida Statutes, is created |
| 7 | to read: |
| 8 | 408.064 Florida Health Information Network Act; purpose; |
| 9 | duties.-- |
| 10 | (1) This section may be cited as the "Florida Health |
| 11 | Information Network Act." |
| 12 | (2) It is the intent of the Legislature that the state |
| 13 | shall promote the establishment of a privacy-protected and |
| 14 | secure integrated statewide network for the communication of |
| 15 | electronic health information among authorized parties and to |
| 16 | foster a coordinated public-private initiative for the |
| 17 | development and operation of Florida's health information |
| 18 | infrastructure. |
| 19 | (3) The agency is responsible for promoting the |
| 20 | development of a health information network as a public-private |
| 21 | partnership among the state's providers, payors, consumers, |
| 22 | employers, public health officials, medical researchers, and |
| 23 | other health care stakeholders. The agency shall develop a plan |
| 24 | and performance standards for the formation and operation of a |
| 25 | health information network and shall contract with the Florida |
| 26 | Health Information Network, Inc., for the purpose of |
| 27 | implementing the plan, consistent with the performance standards |
| 28 | for the period July 1, 2006, through June 30, 2008. |
| 29 | (4) There is created a not-for-profit corporation, to be |
| 30 | known as the "Florida Health Information Network, Inc.," which |
| 31 | shall be registered, incorporated, organized, and operated in |
| 32 | compliance with chapter 617. The affairs of the not-for-profit |
| 33 | corporation shall be managed by a board of directors who shall |
| 34 | serve without compensation. The board of directors shall consist |
| 35 | of the following members: |
| 36 | (a) The Secretary of Health Care Administration or the |
| 37 | secretary's designee. |
| 38 | (b) The Secretary of Health or the secretary's designee. |
| 39 | (c) The Secretary of Elderly Affairs or the secretary's |
| 40 | designee. |
| 41 | (d) Twelve members from the private or public sector, |
| 42 | seven of whom shall be appointed by the Governor, two of whom |
| 43 | shall be appointed by the President of the Senate, two of whom |
| 44 | shall be appointed by the Speaker of the House of |
| 45 | Representatives, and one member who shall be appointed by the |
| 46 | Chief Financial Officer. Vacancies on the board shall be filled |
| 47 | by appointment by the Governor, the President of the Senate, the |
| 48 | Speaker of the House of Representatives, or the Chief Financial |
| 49 | Officer, respectively, depending on who appointed the member |
| 50 | whose vacancy is to be filled or whose term has expired. Members |
| 51 | shall be appointed for terms of 4 years. Any member is eligible |
| 52 | for reappointment. A vacancy on the board of directors shall be |
| 53 | filled for the remainder of the unexpired term. |
| 54 | (5) The Florida Health Information Network, Inc., shall: |
| 55 | (a) Institute a statewide health information network in |
| 56 | the state by: |
| 57 | 1. Devising and implementing a strategic plan for |
| 58 | infrastructure development and periodically evaluating and |
| 59 | modifying that plan. |
| 60 | 2. Developing and maintaining the technical infrastructure |
| 61 | necessary to perform the functions of the network consistent |
| 62 | with the strategic plan. |
| 63 | 3. Promoting an integrated approach to efforts to create a |
| 64 | secure network for communication of electronic health |
| 65 | information in the state. |
| 66 | 4. Marketing the network to promote widespread use of the |
| 67 | network. |
| 68 | 5. Assisting in the development and expansion of existing |
| 69 | local or regional health information networks and the creation |
| 70 | of new networks. |
| 71 | (b) Develop and implement specific programs or strategies |
| 72 | that address the creation, development, and expansion of |
| 73 | regional or local health information networks and the |
| 74 | recruitment of participants in the network. |
| 75 | (c) Specify standards among regional and local health |
| 76 | information networks and other participants in the Florida |
| 77 | Health Information Network, Inc., to promote effective statewide |
| 78 | and interstate interoperability. |
| 79 | (d) Regularly assess the adoption of electronic health |
| 80 | records systems and utilization of the statewide network by |
| 81 | providers, consumers, public health officers, and other health |
| 82 | care stakeholders to identify and regularly reevaluate the |
| 83 | state's health information infrastructure strengths and |
| 84 | weaknesses, assess opportunities to increase consumer access to |
| 85 | the consumer's health records, and incorporate such information |
| 86 | into its regular strategic planning process. |
| 87 | (e) Develop and enforce privacy, security, operational, |
| 88 | and technical standards among regional and local health |
| 89 | information networks to ensure effective statewide privacy, data |
| 90 | security, efficiency, and interoperability across networks. The |
| 91 | network's standards shall be guided by reference to widely |
| 92 | adopted standards or standards accepted by recognized national |
| 93 | standard-setting organizations. |
| 94 | (f) Develop annual budgets that include funding from |
| 95 | public and private entities, including user fees. |
| 96 | (g) Take commercially reasonable measures to protect its |
| 97 | intellectual property, including obtaining patents, trademarks, |
| 98 | and copyrights where appropriate. |
| 99 | (h) Make recommendations for reform of the state's laws |
| 100 | regarding medical records and the collection of medical records |
| 101 | data. |
| 102 | (6) The agency shall review the data gathered about the |
| 103 | Florida Health Information Network, Inc., pursuant to paragraph |
| 104 | (5)(d) and make recommendations for its continued development in |
| 105 | a report to be submitted to the Governor, the President of the |
| 106 | Senate, and the Speaker of the House of Representatives by June |
| 107 | 1, 2007. |
| 108 | (7) Upon dissolution of the Florida Health Information |
| 109 | Network, Inc., all assets shall revert to the state and funds |
| 110 | shall revert to the General Revenue Fund. |
| 111 | Section 18. The Florida Health Information Network, Inc., |
| 112 | may be funded through the General Appropriations Act and may |
| 113 | seek funding through public and private entities to accomplish |
| 114 | its goals and duties. Appropriations for the Agency for Health |
| 115 | Care Administration's Florida Health Information Network grants |
| 116 | program shall not be used to fund the Florida Health Information |
| 117 | Network, Inc. |
| 118 | Section 19. This act shall take effect upon becoming a |
| 119 | law. |
| 120 |
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| 121 | ======= T I T L E A M E N D M E N T ======= |
| 122 | Remove line 40 and insert: |
| 123 | creating s. 408.064, F.S.; providing a short title; |
| 124 | providing legislative intent; requiring the Agency for |
| 125 | Health Care Administration to develop and implement a plan |
| 126 | for the formation and operation of a health information |
| 127 | network; requiring the agency to enter into a contract to |
| 128 | implement the plan; creating the Florida Health |
| 129 | Information Network, Inc., as a not-for-profit |
| 130 | corporation; providing for a board of directors; providing |
| 131 | for appointment of board members; providing for terms; |
| 132 | providing duties and responsibilities of the corporation; |
| 133 | requiring a report to the Governor and Legislature; |
| 134 | providing for certain funds and assets to revert to the |
| 135 | state upon dissolution of the network; providing |
| 136 | conditions for funding of the network; providing an |
| 137 | effective date. |