CS/HB 911

1	A bill to be entitled
2	An act relating to electronic health information; amending
3	s. 408.05, F.S.; requiring the State Consumer Health
4	Information and Policy Advisory Council to develop the
5	Agency for Health Care Administration's strategic plan
6	relating to electronic health records; amending s.
7	408.051, F.S.; defining the term "agency"; creating s.
8	408.0514, F.S.; requiring the agency to coordinate with
9	regional extension centers to implement the use of
10	electronic health records; amending s. 408.061, F.S.;
11	deleting a reference to an administrative rule relating to
12	certain data reported by health care facilities; amending
13	s. 408.0611, F.S.; revising provisions relating to a
14	clearinghouse on information on electronic prescribing;
15	requiring the State Consumer Health Information and Policy
16	Advisory Council or a workgroup representing electronic
17	prescribing and other health information technology
18	stakeholders to participate in quarterly meetings on the
19	implementation of electronic prescribing; requiring the
20	agency to provide a report on the agency's Internet
21	website; amending s. 408.062, F.S.; requiring the agency
22	to post certain information on health care expenditures on
23	the agency's Internet website; amending s. 408.063, F.S.;
24	deleting the requirement that the agency annually publish
25	a report on state health expenditures; providing an
26	effective date.
27
28	WHEREAS, the use of electronic health information
29	technology has improved the quality of health care, and
30	WHEREAS, coordinating federally funded training and
31	outreach activities with a state-based health information
32	technology program will advance the adoption and meaningful use
33	of electronic health records, and
34	WHEREAS, the Agency for Health Care Administration is
35	responsible for developing a strategy for the implementation of
36	an electronic health information network in this state, NOW,
37	THEREFORE,
38
39	Be It Enacted by the Legislature of the State of Florida:
40
41	Section 1.  Paragraph (h) of subsection (8) of section
42	408.05, Florida Statutes, is amended to read:
43	408.05  Florida Center for Health Information and Policy
44	Analysis.-
45	(8)  STATE CONSUMER HEALTH INFORMATION AND POLICY ADVISORY
46	COUNCIL.-
47	(h)  The council's duties and responsibilities include, but
48	are not limited to, the following:
49	1.  Developing To develop a mission statement, goals, and a
50	plan of action for the identification, collection,
51	standardization, sharing, and coordination of health-related
52	data across federal, state, and local government and private
53	sector entities.
54	2.  Developing the agency's strategic plan for the adoption
55	and use of electronic health records, as specified in s.
56	408.062(5).
57	3.2.  Developing To develop a review process that ensures
58	to ensure cooperative planning among agencies that collect or
59	maintain health-related data.
60	4.3.  Establishing To create ad hoc, issue-oriented
61	technical workgroups as needed on an as-needed basis to make
62	recommendations to the council.
63	Section 2.  Subsection (2) of section 408.051, Florida
64	Statutes, is amended to read:
65	408.051  Florida Electronic Health Records Exchange Act.-
66	(2)  DEFINITIONS.-As used in this section and ss. 408.0512-
67	408.0514, the term:
68	(a)  "Agency" means the Agency for Health Care
69	Administration.
70	(b)(c)  "Certified electronic health record technology"
71	means a qualified electronic health record that is certified
72	pursuant to s. 3001(c)(5) of the Public Health Service Act as
73	meeting standards adopted under s. 3004 of that such act which
74	are applicable to the type of record involved, such as an
75	ambulatory electronic health record for office-based physicians
76	or an inpatient hospital electronic health record for hospitals.
77	(c)(a)  "Electronic health record" means a record of an
78	individual's a person's medical treatment which is created by a
79	licensed health care provider and stored in an interoperable and
80	accessible digital format.
81	(d)  "Health record" means any information, recorded in any
82	form or medium, which relates to the past, present, or future
83	health of an individual for the primary purpose of providing
84	health care and health-related services.
85	(e)  "Identifiable health record" means a any health record
86	that identifies the patient or for with respect to which there
87	is a reasonable basis to believe the information can be used to
88	identify the patient.
89	(f)  "Patient" means an individual who has sought, is
90	seeking, is undergoing, or has undergone care or treatment in a
91	health care facility or by a health care provider.
92	(g)  "Patient representative" means a parent of a minor
93	patient, a court-appointed guardian for the patient, a health
94	care surrogate, or a person holding a power of attorney or
95	notarized consent appropriately executed by the patient granting
96	permission for to a health care facility or health care provider
97	to disclose the patient's health care information to that
98	person. In the case of a deceased patient, the term also means
99	the personal representative of the estate of the deceased
100	patient; the deceased patient's surviving spouse, surviving
101	parent, or surviving adult child; the parent or guardian of a
102	surviving minor child of the deceased patient; the attorney for
103	the patient's surviving spouse, parent, or adult child; or the
104	attorney for the parent or guardian of a surviving minor child.
105	(h)(b)  "Qualified electronic health record" means an
106	electronic record of health-related information concerning an
107	individual which includes patient demographic and clinical
108	health information, such as medical history and problem lists,
109	and which has the capacity to provide clinical decision support,
110	to support physician order entry, to capture and query
111	information relevant to health care quality, and to exchange
112	electronic health information with, and integrate such
113	information from, other sources.
114	Section 3.  Section 408.0514, Florida Statutes, is created
115	to read:
116	408.0514  Regional extension centers.-The agency shall
117	coordinate with federally funded regional extension centers
118	operating in this state to increase provider readiness in
119	implementing the use of electronic health records in order to
120	enable provider participation in health information exchange and
121	electronic prescribing, including, but not limited to, readiness
122	to prepare, use, and report performance measures required to
123	qualify for federal and state electronic health record adoption
124	incentive programs.
125	Section 4.  Paragraph (a) of subsection (1) of section
126	408.061, Florida Statutes, is amended to read:
127	408.061  Data collection; uniform systems of financial
128	reporting; information relating to physician charges;
129	confidential information; immunity.-
130	(1)  The agency shall require the submission by health care
131	facilities, health care providers, and health insurers of data
132	necessary to carry out the agency's duties. Specifications for
133	data to be collected under this section shall be developed by
134	the agency with the assistance of technical advisory panels
135	including representatives of affected entities, consumers,
136	purchasers, and such other interested parties as may be
137	determined by the agency.
138	(a)  Data submitted by health care facilities, including
139	the facilities as defined in chapter 395, must shall include,
140	but is are not limited to: case-mix data;,
141	discharge data;, hospital emergency department data, which
142	includes shall include the number of patients treated in the
143	hospital's emergency department and of a licensed hospital
144	reported by patient acuity level;, data on hospital-acquired
145	infections as specified by rule;, data on complications as
146	specified by rule;, data on readmissions as specified by rule,
147	which includes with patient and provider-specific identifiers;
148	included, actual charge data by diagnostic groups;, financial
149	data;, accounting data;, operating expenses;, expenses incurred
150	for rendering services to patients who cannot or do not pay;,
151	interest charges;, depreciation expenses based on the expected
152	useful life of the property and equipment involved;, and
153	demographic data. The agency shall adopt nationally recognized
154	risk adjustment methodologies or software consistent with the
155	standards of the Agency for Healthcare Research and Quality and
156	as selected by the agency for all data submitted under as
157	required by this section. Data may be obtained from documents
158	such as, but not limited to: leases, contracts, debt
159	instruments, itemized patient bills, medical record abstracts,
160	and related diagnostic information. Reported data elements shall
161	be reported electronically, and in accordance with rule 59E-
162	7.012, Florida Administrative Code. Data submitted shall be
163	certified by the chief executive officer or an appropriate and
164	duly authorized representative or employee of the licensed
165	facility must certify that the information submitted is true and
166	accurate.
167	Section 5.  Subsections (3) and (4) of section 408.0611,
168	Florida Statutes, are amended to read:
169	408.0611  Electronic prescribing clearinghouse.-
170	(3)  The agency shall work in collaboration with private
171	sector electronic prescribing initiatives and relevant
172	stakeholders to create a clearinghouse of information on
173	electronic prescribing for health care practitioners, health
174	care facilities, regional health information organizations,
175	health care consumers, and pharmacies, and regional extension
176	centers that promote adoption of electronic health records.
177	These stakeholders shall include organizations that represent
178	health care practitioners, organizations that represent health
179	care facilities, organizations that represent pharmacies,
180	organizations that operate electronic prescribing networks,
181	organizations that create electronic prescribing products, and
182	regional health information organizations. Specifically, the
183	agency shall, by October 1, 2007:
184	(a)  Provide on its website:
185	1.  Information regarding the process of electronic
186	prescribing and the availability of electronic prescribing
187	products, including no-cost or low-cost products;
188	2.  Information regarding the advantages of electronic
189	prescribing, including using medication history data to prevent
190	drug interactions, prevent allergic reactions, and deter doctor
191	and pharmacy shopping for controlled substances;
192	3.  Links to federal and private sector websites that
193	provide guidance on selecting an appropriate electronic
194	prescribing product; and
195	4.  Links to state, federal, and private sector incentive
196	programs for the implementation of electronic prescribing.
197	(b)  Convene quarterly meetings of the State Consumer
198	Health Information and Policy Advisory Council or a workgroup
199	representing electronic prescribing and other health information
200	technology stakeholders to assess and accelerate the
201	implementation of electronic prescribing.
202	(4)  Pursuant to s. 408.061, the agency shall monitor the
203	implementation of electronic prescribing by health care
204	practitioners, health care facilities, and pharmacies. By
205	January 31 of each year, the agency shall report metrics on the
206	progress of implementation of electronic prescribing on the
207	agency's Internet website to the Governor and the Legislature.
208	The information reported must pursuant to this subsection shall
209	include federal and private sector electronic prescribing
210	initiatives and, to the extent that data is readily available
211	from organizations that operate electronic prescribing networks,
212	the number of health care practitioners using electronic
213	prescribing and the number of prescriptions electronically
214	transmitted.
215	Section 6.  Paragraph (e) of subsection (1) of section
216	408.062, Florida Statutes, is amended to read:
217	408.062  Research, analyses, studies, and reports.-
218	(1)  The agency shall conduct research, analyses, and
219	studies relating to health care costs and access to and quality
220	of health care services as access and quality are affected by
221	changes in health care costs. Such research, analyses, and
222	studies shall include, but not be limited to:
223	(e)  Total health care expenditures in the state according
224	to the sources of payment and the type of expenditure shall be
225	published on the agency's Internet website.
226	Section 7.  Subsections (5) and (6) of section 408.063,
227	Florida Statutes, are amended to read:
228	408.063  Dissemination of health care information.-
229	(5)  The agency shall publish annually a comprehensive
230	report of state health expenditures. The report shall identify:
231	(a)  The contribution of health care dollars made by all
232	payors.
233	(b)  The dollars expended by type of health care service in
234	Florida.
235	(5)(6)  The staff of the Agency staff may conduct or
236	sponsor consumer information and education seminars at locations
237	throughout the state and may hold public hearings to solicit
238	consumer concerns or complaints relating to health care costs
239	and make recommendations to the agency for study, action, or
240	investigation.
241	Section 8.  This act shall take effect July 1, 2010.

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