CS/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 appropriation; providing an
20	effective date.
21
22	Be It Enacted by the Legislature of the State of Florida:
23
24	Section 1.  Section 408.064, Florida Statutes, is created
25	to read:
26	408.064  Florida Health Information Network Act; purpose;
27	duties.--
28	(1)  This section may be cited as the "Florida Health
29	Information Network Act."
30	(2)  It is the intent of the Legislature that the state
31	shall promote the establishment of a privacy-protected, secure,
32	and integrated statewide network for the communication of
33	electronic health information among authorized parties through a
34	coordinated public-private initiative that will develop and
35	operate the state's health information infrastructure.
36	(3)  The agency is responsible for promoting the
37	development of a health information network as a public-private
38	partnership among the state's providers, payors, consumers,
39	employers, public health officials, medical researchers, and
40	other health care stakeholders. The agency shall develop a plan
41	and performance standards for the formation and operation of a
42	health information network and shall contract with the Florida
43	Health Information Network Corporation to implement the plan,
44	consistent with the performance standards for the period July 1,
45	2007, through June 30, 2010.
46	(4)  There is created a not-for-profit corporation, to be
47	known as the "Florida Health Information Network Corporation,"
48	which shall be registered, incorporated, organized, and operated
49	in compliance with chapter 617.
50	(a)  The affairs of the corporation shall be managed by a
51	board of directors who shall serve without compensation. The
52	board of directors shall biennially elect one of its members as
53	chairperson. The board of directors shall consist of the
54	following members:
55	1.  The Secretary of Health Care Administration or the
56	secretary's designee.
57	2.  The Secretary of Health or the secretary's designee.
58	3.  The Secretary of Elderly Affairs or the secretary's
59	designee.
60	4.  Twelve members from the private or public sector, three
61	of whom shall be appointed by the Governor, four of whom shall
62	be appointed by the President of the Senate, four of whom shall
63	be appointed by the Speaker of the House of Representatives, and
64	one member who shall be appointed by the Chief Financial
65	Officer.
66	(b)  Members shall be appointed for terms of 4 years,
67	except that, for members initially appointed by the Governor,
68	one shall be appointed for a term of 1 year, one shall be
69	appointed for a term of 2 years, and one shall be appointed for
70	a term of 3 years. Any member is eligible for reappointment. A
71	vacancy on the board of directors shall be filled for the
72	remainder of the unexpired term.
73	(c)  Vacancies on the board shall be filled by appointment
74	by the Governor, the President of the Senate, the Speaker of the
75	House of Representatives, or the Chief Financial Officer,
76	respectively, depending on who appointed the member whose
77	vacancy is to be filled or whose term has expired.
78	(5)  The Legislature specifically declares that the
79	corporation, and the boards, advisory committees, or similar
80	groups created by the corporation, are subject to the provisions
81	of chapter 119, relating to public records, and those provisions
82	of chapter 286 relating to public meetings and records.
83	(6)  The corporation shall:
84	(a)  Institute a statewide health information network by:
85	1.  Devising, implementing, and regularly revising a
86	strategic plan for infrastructure development.
87	2.  Developing and maintaining the technical infrastructure
88	necessary to perform the functions of the network consistent
89	with the strategic plan.
90	3.  Promoting an integrated approach to creating a secure
91	network for the communication of electronic health information
92	in the state.
93	4.  Implementing a marketing program to promote widespread
94	use of the network.
95	5.  Assisting in the development and expansion of existing
96	regional or local health information networks and the creation
97	of new networks.
98	(b)  Develop and implement specific programs or strategies
99	that address the creation, development, and expansion of
100	regional or local health information networks and the
101	recruitment of participants in the network.
102	(c)  Regularly assess the adoption of electronic health
103	records systems and utilization of the statewide network by
104	providers, consumers, public health officers, and other health
105	care stakeholders to identify and evaluate the strengths and
106	weaknesses of the state's health information infrastructure;
107	promote increased consumer access to consumer health records;
108	and incorporate that information into its regular strategic
109	planning process.
110	(d)  Develop and enforce interoperability, operational, and
111	technical standards among regional and local health information
112	networks to ensure effective statewide efficiency and
113	interoperability across networks
114	(e)  Develop an annual budget that includes funding from
115	public and private entities, including user fees.
116	(f)  Implement commercially reasonable measures to protect
117	the corporation's intellectual property, including obtaining
118	patents, trademarks, and copyrights.
119	(g)  Recommend reform of state law to reduce barriers to
120	participation in the network.
121	(h)  Develop and maintain the technical infrastructure
122	necessary to perform the functions of the network consistent
123	with the strategic plan, including a record locator service,
124	access control systems, secure communications, audit and
125	reporting functions, and disaster recovery of core functions.
126	(i)  Develop and enforce privacy and security standards for
127	participation in the network, including uniform policies and
128	procedures regarding the confidentiality of medical records,
129	authorization requirements for health information exchange
130	within the network, and technical standards for secure data
131	transmission and storage within the network.
132	(j)  Ensure the technological standards of the network are
133	in alignment with widely adopted standards or standards accepted
134	by a recognized organization that establishes national standards
135	for electronic information networks.
136	(7)  The agency shall review the operation and use of the
137	network and make recommendations for its continued development
138	in a report to be submitted to the Governor and the relevant
139	committees of the Senate and the House of Representatives by
140	June 30, 2009.
141	(8)  The corporation must develop a business plan to
142	operate the network without state funding after June 30, 2010.
143	The business plan must be submitted to the Governor and the
144	relevant committees of the Senate and the House of
145	Representatives by January 2, 2009.
146	(9)  The corporation must seek funding through public and
147	private entities to accomplish its goals and duties. Funds
148	appropriated for the Florida Health Information Network grants
149	program within the agency shall not be used to directly fund the
150	operation of the corporation.
151	Section 2.  The sum of $5,000,000 in nonrecurring revenue
152	is appropriated from the General Revenue Fund to the Agency for
153	Health Care Administration for the 2007-2008 fiscal year to
154	contract with the Florida Health Information Network Corporation
155	to implement the provisions of this act.
156	Section 3.  This act shall take effect July 1, 2007.

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