HB 1121

1	A bill to be entitled
2	An act relating to the Florida Health Information Network
3	Corporation; creating s. 408.064, F.S.; providing a short
4	title; providing legislative intent; requiring the Agency
5	for Health Care Administration to develop and implement a
6	plan for the formation and operation of a health
7	information network; requiring the agency to contract to
8	implement the plan; creating the Florida Health
9	Information Network Corporation, as a not-for-profit
10	corporation; providing for a board of directors; providing
11	for appointment of board members; providing for terms;
12	providing that the corporation and any boards or
13	committees formed by the corporation are subject to public
14	records and meetings requirements; providing duties and
15	responsibilities of the corporation; requiring a report to
16	the Governor and Legislature; requiring the corporation to
17	develop a business plan and submit the plan to the
18	Governor and Legislature; providing conditions for funding
19	the network; providing an effective date.
20
21	Be It Enacted by the Legislature of the State of Florida:
22
23	Section 1.  Section 408.064, Florida Statutes, is created
24	to read:
25	408.064  Florida Health Information Network Act; purpose;
26	duties.--
27	(1)  This section may be cited as the "Florida Health
28	Information Network Act."
29	(2)  It is the intent of the Legislature that the state
30	shall promote the establishment of a privacy-protected, secure,
31	and integrated statewide network for the communication of
32	electronic health information among authorized parties through a
33	coordinated public-private initiative that will develop and
34	operate the state's health information infrastructure.
35	(3)  The agency is responsible for promoting the
36	development of a health information network as a public-private
37	partnership among the state's providers, payors, consumers,
38	employers, public health officials, medical researchers, and
39	other health care stakeholders. The agency shall develop a plan
40	and performance standards for the formation and operation of a
41	health information network and shall contract with the Florida
42	Health Information Network Corporation to implement the plan,
43	consistent with the performance standards for the period July 1,
44	2007, through June 30, 2010.
45	(4)  There is created a not-for-profit corporation, to be
46	known as the "Florida Health Information Network Corporation,"
47	which shall be registered, incorporated, organized, and operated
48	in compliance with chapter 617.
49	(a)  The affairs of the corporation shall be managed by a
50	board of directors who shall serve without compensation. The
51	board of directors shall biennially elect one of its members as
52	chairperson. The board of directors shall consist of the
53	following members:
54	1.  The Secretary of Health Care Administration or the
55	secretary's designee.
56	2.  The Secretary of Health or the secretary's designee.
57	3.  The Secretary of Elderly Affairs or the secretary's
58	designee.
59	4.  Twelve members from the private or public sector, three
60	of whom shall be appointed by the Governor, four of whom shall
61	be appointed by the President of the Senate, four of whom shall
62	be appointed by the Speaker of the House of Representatives, and
63	one member who shall be appointed by the Chief Financial
64	Officer.
65	(b)  Members shall be appointed for terms of 4 years,
66	except that, for members initially appointed by the Governor,
67	one shall be appointed for a term of 1 year, one shall be
68	appointed for a term of 2 years, and one shall be appointed for
69	a term of 3 years. Any member is eligible for reappointment. A
70	vacancy on the board of directors shall be filled for the
71	remainder of the unexpired term.
72	(c)  Vacancies on the board shall be filled by appointment
73	by the Governor, the President of the Senate, the Speaker of the
74	House of Representatives, or the Chief Financial Officer,
75	respectively, depending on who appointed the member whose
76	vacancy is to be filled or whose term has expired.
77	(5)  The Legislature specifically declares that the
78	corporation, and the boards, advisory committees, or similar
79	groups created by the corporation, are subject to the provisions
80	of chapter 119, relating to public records, and those provisions
81	of chapter 286 relating to public meetings and records.
82	(6)  The corporation shall:
83	(a)  Institute a statewide health information network by:
84	1.  Devising, implementing, and regularly revising a
85	strategic plan for infrastructure development.
86	2.  Developing and maintaining the technical infrastructure
87	necessary to perform the functions of the network consistent
88	with the strategic plan.
89	3.  Promoting an integrated approach to creating a secure
90	network for the communication of electronic health information
91	in the state.
92	4.  Implementing a marketing program to promote widespread
93	use of the network.
94	5.  Assisting in the development and expansion of existing
95	regional or local health information networks and the creation
96	of new networks.
97	(b)  Develop and implement specific programs or strategies
98	that address the creation, development, and expansion of
99	regional or local health information networks and the
100	recruitment of participants in the network.
101	(c)  Regularly assess the adoption of electronic health
102	records systems and utilization of the statewide network by
103	providers, consumers, public health officers, and other health
104	care stakeholders to identify and evaluate the strengths and
105	weaknesses of the state's health information infrastructure;
106	promote increased consumer access to consumer health records;
107	and incorporate that information into its regular strategic
108	planning process.
109	(d)  Develop and enforce interoperability, operational, and
110	technical standards among regional and local health information
111	networks to ensure effective statewide efficiency and
112	interoperability across networks
113	(e)  Develop an annual budget that includes funding from
114	public and private entities, including user fees.
115	(f)  Implement commercially reasonable measures to protect
116	the corporation's intellectual property, including obtaining
117	patents, trademarks, and copyrights.
118	(g)  Recommend reform of state law to reduce barriers to
119	participation in the network.
120	(h)  Develop and maintain the technical infrastructure
121	necessary to perform the functions of the network consistent
122	with the strategic plan, including a record locator service,
123	access control systems, secure communications, audit and
124	reporting functions, and disaster recovery of core functions.
125	(i)  Develop and enforce privacy and security standards for
126	participation in the network, including uniform policies and
127	procedures regarding the confidentiality of medical records,
128	authorization requirements for health information exchange
129	within the network, and technical standards for secure data
130	transmission and storage within the network.
131	(j)  Ensure the technological standards of the network are
132	in alignment with widely adopted standards or standards accepted
133	by a recognized organization that establishes national standards
134	for electronic information networks.
135	(7)  The agency shall review the operation and use of the
136	network and make recommendations for its continued development
137	in a report to be submitted to the Governor and the relevant
138	committees of the Senate and the House of Representatives by
139	June 30, 2009.
140	(8)  The corporation must develop a business plan to
141	operate the network without state funding after June 30, 2010.
142	The business plan must be submitted to the Governor and the
143	relevant committees of the Senate and the House of
144	Representatives by January 2, 2009.
145	(9)  The corporation must seek funding through public and
146	private entities to accomplish its goals and duties. Funds
147	appropriated for the Florida Health Information Network grants
148	program within the agency shall not be used to directly fund the
149	operation of the corporation.
150	Section 2.  This act shall take effect July 1, 2007.

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