Senate Bill sb2348c1

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    Florida Senate - 2007                  CS for SB's 2348 & 2582

    By the Committee on Health Regulation; and Senators Atwater
    and Ring




    588-2375-07

  1                      A bill to be entitled

  2         An act relating to the Florida Health

  3         Information Network; creating s. 408.064, F.S.;

  4         providing a short title; providing legislative

  5         intent; creating the Florida Health Information

  6         Network Advisory Council within the Executive

  7         Office of the Governor; specifying membership

  8         and terms of office; providing duties and staff

  9         support for the advisory council; establishing

10         duties of the Agency for Health Care

11         Administration regarding development of an

12         electronic health information network; creating

13         a direct-support organization to assist the

14         agency; providing for the appointment of a

15         board of directors for the direct-support

16         organization; providing for applicability of

17         public-records and public-meetings requirements

18         to the direct-support organization; providing

19         for audits; requiring a contract between the

20         agency and the direct-support organization

21         which includes certain requirements; requiring

22         the Agency for Health Care Administration to

23         prepare and submit to the Council on Efficient

24         Government a business case analysis for the

25         implementation of a statewide health

26         information network; specifying the elements of

27         the business case analysis; requiring the

28         Council on Efficient Government to submit its

29         evaluation of the business case analysis to the

30         Governor, the Florida Health Information

31         Network Advisory Council, the Agency for Health

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    Florida Senate - 2007                  CS for SB's 2348 & 2582
    588-2375-07




 1         Care Administration, and the Legislature;

 2         requiring competitive procurement; prohibiting

 3         a contract to implement a statewide health

 4         information network unless funds are

 5         appropriated; authorizing the Agency for Health

 6         Care Administration to adopt rules; providing

 7         an appropriation; providing an effective date.

 8  

 9  Be It Enacted by the Legislature of the State of Florida:

10  

11         Section 1.  Section 408.064, Florida Statutes, is

12  created to read:

13         408.064  Florida Health Information Network Act;

14  intent; advisory council; duties of the agency; direct-support

15  organization; business case analysis.--

16         (1)  SHORT TITLE.--This section may be cited as the

17  "Florida Health Information Network Act."

18         (2)  LEGISLATIVE INTENT.--It is the intent of the

19  Legislature to promote the establishment of a

20  privacy-protected, secure, and integrated statewide network

21  for the electronic communication of health information among

22  authorized parties. It is further the intent of the

23  Legislature to foster a coordinated initiative between the

24  public and private sectors for the development and operation

25  of Florida's electronic health information infrastructure.

26         (3)  ADVISORY COUNCIL.--There is created in the

27  Executive Office of the Governor the Florida Health

28  Information Network Advisory Council to advise state agencies

29  on the development of Florida's electronic health information

30  infrastructure.

31         (a)  The advisory council shall consist of:

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    Florida Senate - 2007                  CS for SB's 2348 & 2582
    588-2375-07




 1         1.  The Secretary of Health Care Administration or the

 2  secretary's designee;

 3         2.  The Secretary of Health or the secretary's

 4  designee;

 5         3.  The Secretary of Management Services or the

 6  secretary's designee;

 7         4.  One member representing health insurers appointed

 8  by the Chief Financial Officer;

 9         5.  Three members appointed by the Governor, one

10  representing hospitals, one representing allopathic

11  physicians, and one representing a health care information

12  technology business in the state;

13         6.  Three members appointed by the President of the

14  Senate, one representing a regional health information

15  organization, one representing a college of medicine in the

16  state, and one representing pharmacies in the state; and

17         7.  Three members appointed by the Speaker of the House

18  of Representatives, one representing a regional health

19  information organization, one representing osteopathic

20  physicians, and one representing a health care information

21  technology business in the state.

22         (b)  Members shall be appointed to terms of 4 years,

23  except that of the members initially appointed, the Governor,

24  the President of the Senate, and the Speaker of the House of

25  Representatives shall each appoint one member to a 2-year term

26  and one member to a 3-year term. A vacancy on the advisory

27  council shall be filled for the remainder of the unexpired

28  term in the same manner as the original appointment. Any

29  member is eligible for reappointment.

30  

31  

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    Florida Senate - 2007                  CS for SB's 2348 & 2582
    588-2375-07




 1         (c)  The chair of the advisory council shall be

 2  selected by a majority vote of the members, a quorum being

 3  present.

 4         (d)  The advisory council shall advise the Governor and

 5  the Agency for Health Care Administration on the development

 6  of a statewide electronic health information network.

 7         (e)  The members of the advisory council shall receive

 8  no compensation, but are entitled to reimbursement for per

 9  diem and travel expenses incurred while attending meetings of

10  the advisory council and otherwise on official business of the

11  advisory council as provided in s. 112.061.

12         (f)  The Agency for Health Care Administration shall

13  provide staff support to the advisory council.

14         (4)  DUTIES OF THE AGENCY FOR HEALTH CARE

15  ADMINISTRATION.--The agency shall promote the development of

16  an electronic health information network as a public-private

17  partnership among health care providers, payors, consumers,

18  employers, public health officials, medical researchers, and

19  other health care stakeholders in the state. The agency shall:

20         (a)  Promote an integrated approach to creating a

21  secure network for electronic communication of health

22  information in the state;

23         (b)  Develop and implement specific programs or

24  strategies to create, develop, and expand regional or local

25  health information networks and recruit participants in the

26  networks;

27         (c)  Establish standards for statewide and interstate

28  interoperability among national, regional, and local health

29  information networks and other participants in the Florida

30  health information network;

31  

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    Florida Senate - 2007                  CS for SB's 2348 & 2582
    588-2375-07




 1         (d)  Regularly assess the adoption of electronic health

 2  records systems and the use of the Florida health information

 3  network by health care providers, consumers, public health

 4  officials, and other health care stakeholders in order to

 5  identify and reevaluate the state's health information

 6  infrastructure strengths and weaknesses, assess opportunities

 7  to increase consumer access to the consumer's health records,

 8  and incorporate such information into its strategic planning

 9  process;

10         (e)  Establish privacy, security, operational, and

11  technical standards, based on widely adopted standards or

12  standards accepted by recognized national standard-setting

13  organizations, for the statewide, regional, and local health

14  information networks in order to ensure effective statewide

15  privacy, data security, and efficiency;

16         (f)  Develop annual budgets that include funding from

17  public and private entities, including user fees; and

18         (g)  Take commercially reasonable measures to protect

19  the agency's intellectual property, including obtaining

20  patents, trademarks, and copyrights where appropriate.

21         (5)  DIRECT-SUPPORT ORGANIZATION.--The Florida Health

22  Information Network, Inc., is created as a direct-support

23  organization whose sole purpose is to assist the Agency for

24  Health Care Administration in developing a statewide

25  electronic health information network.

26         (a)  The Florida Health Information Network, Inc., must

27  be:

28         1.  Incorporated under chapter 617 and approved by the

29  Department of State as a Florida corporation not for profit;

30  

31  

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    Florida Senate - 2007                  CS for SB's 2348 & 2582
    588-2375-07




 1         2.  Organized and operated to raise funds; to request

 2  and receive grants, gifts, and bequests of money; and to

 3  receive, hold, invest, and administer property; and

 4         3.  Determined by the agency to be consistent with the

 5  goal of developing a state electronic health information

 6  network in the best interests of the state and in accordance

 7  with the adopted goals and mission of the agency.

 8         (b)  The affairs of the direct-support organization

 9  shall be managed by a 12-member board of directors who shall

10  serve without compensation. The board of directors shall be

11  appointed by the Secretary of Health Care Administration.

12  Members shall be appointed for terms of 4 years except that,

13  of the members initially appointed, four members shall be

14  appointed to 2-year terms and four members shall be appointed

15  to 3-year terms.

16         (c)  The direct-support organization is subject to the

17  open-records and open-meetings requirements of s. 24, Art. I

18  of the State Constitution, chapter 119, and s. 286.011.

19         (d)  The direct-support organization shall provide for

20  an annual financial audit of its accounts and records which

21  shall be conducted by an independent certified public

22  accountant in accordance with rules adopted by the Auditor

23  General pursuant to s. 11.45(8) and by the agency. The annual

24  audit report shall be submitted, within 9 months after the end

25  of the fiscal year, to the Auditor General and the agency for

26  review. The Auditor General and the Office of Program Policy

27  Analysis and Government Accountability may require and receive

28  from the organization or from its independent auditor any

29  records relative to the operation of the organization.

30  

31  

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    Florida Senate - 2007                  CS for SB's 2348 & 2582
    588-2375-07




 1         (e)  The direct-support organization shall operate

 2  under a written contract with the agency. The written contract

 3  must provide for:

 4         1.  Approval of the articles of incorporation and

 5  bylaws of the direct-support organization by the agency;

 6         2.  Submission of an annual budget for the approval of

 7  the agency;

 8         3.  Certification by the agency that the direct-support

 9  organization is complying with the terms of the contract and

10  is doing so consistent with the goals and purposes of the

11  agency and in the best interests of the state. This

12  certification must be made annually and reported in the

13  official minutes of a meeting of the direct-support

14  organization;

15         4.  The reversion of moneys and property, including

16  intellectual property, held in trust by the direct-support

17  organization to the agency if the direct-support organization

18  is no longer approved to operate for the agency, to the agency

19  if the direct-support organization ceases to exist, or to the

20  state if the agency ceases to exist;

21         5.  The fiscal year of the direct-support organization,

22  which must begin July 1 of each year and end June 30 of the

23  following year; and

24         6.  The disclosure of material provisions of the

25  contract, and the distinction between the agency and the

26  direct-support organization, to donors of gifts,

27  contributions, or bequests, including such disclosure on all

28  promotional and fundraising publications.

29         (f)  Expenditures of the direct-support organization

30  may not be used for the purpose of lobbying as defined in s.

31  11.045.

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    Florida Senate - 2007                  CS for SB's 2348 & 2582
    588-2375-07




 1         (6)  BUSINESS CASE ANALYSIS.--

 2         (a)  The Agency for Health Care Administration shall

 3  prepare a business case analysis for the implementation of a

 4  statewide health information network for sharing electronic

 5  health records and submit the business case analysis to the

 6  Council on Efficient Government for its review and evaluation

 7  by October 1, 2007. The business case analysis must meet the

 8  requirements of s. 287.0574(4) and must include the analysis

 9  and costing of three specific organizational delivery models:

10         1.  A state agency model in which all resource

11  requirements are delivered by entities and personnel in the

12  public sector;

13         2.  A hybrid model in which a state agency procures

14  specific subcomponents and acts as a master integrator; and

15         3.  A sourced model in which a private entity is

16  contracted for the performance of all tasks and deliverables

17  and the state agency acts as contract manager.

18  

19  The Council on Efficient Government must provide its

20  evaluation of the business case analysis to the Governor, the

21  Florida Health Information Network Advisory Council, the

22  Agency for Health Care Administration, and the Legislature by

23  December 1, 2007.

24         (b)  Notwithstanding the provisions of s. 287.057, any

25  procurement issued by a state agency, other than for

26  implementation by the state agency itself, subsequent to the

27  delivery of the business case analysis must be competitively

28  procured using an invitation to negotiate, a request for

29  proposals, or an invitation to bid.

30  

31  

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    Florida Senate - 2007                  CS for SB's 2348 & 2582
    588-2375-07




 1         (c)  A contract to implement a statewide health

 2  information network may not be executed unless all funds are

 3  specifically appropriated by law.

 4         (7)  RULES.--The Agency for Health Care Administration

 5  may adopt rules necessary to administer this section.

 6         Section 2.  The sum of $______ in nonrecurring general

 7  revenue funds is appropriated to the Agency for Health Care

 8  Administration for the 2007-2008 fiscal year for the purpose

 9  of paying the expenses of the Florida Health Information

10  Network Advisory Council, establishing the Florida Health

11  Information Network, Inc., as a direct-support organization,

12  and conducting the business case analysis required under s.

13  408.064, Florida Statutes.

14         Section 3.  This act shall take effect upon becoming a

15  law.

16  

17          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                                CS FOR
18                        SB's 2348 and 2582

19                                 

20  The committee substitute creates the Florida Health
    Information Network Advisory Council (advisory council) within
21  the executive office of the Governor and provides for its
    membership, duties, and staff support. It creates the Florida
22  Health Information Network, Inc., as a direct-support
    organization to assist the Agency for Health Care
23  Administration (AHCA or agency) in its duties in developing an
    electronic health information network. The committee
24  substitute requires a contract for the direct-support
    organization and outlines the contract requirements. It
25  requires the agency to prepare and submit a business case
    analysis to the Council on Efficient Government (council) and
26  specifies the elements to be included in the business case. It
    requires the council to submit an evaluation of the business
27  case to the Governor, advisory council, the AHCA, and the
    Legislature. The committee substitute requires competitive
28  procurement and prohibits a contract for implementation unless
    funds are appropriated.
29  

30  

31  

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