Florida Senate - 2014 PROPOSED COMMITTEE SUBSTITUTE
Bill No. CS for SB 782
Proposed Committee Substitute by the Committee on Appropriations
(Appropriations Subcommittee on Health and Human Services)
1 A bill to be entitled
2 An act relating to government data practices; amending
3 s. 257.36, F.S.; requiring the Division of Library and
4 Information Services of the Department of State to
5 adopt rules providing procedures for an agency to
6 establish schedules for the physical destruction or
7 other disposal of records containing personal
8 identification information; creating part IV of ch.
9 282, F.S., consisting of s. 282.801, F.S.; providing
10 definitions; requiring an agency that collects and
11 maintains personal identification information to post
14 an agency to provide notice of the installation of
15 cookies on an individual’s computer; requiring that an
16 individual who would otherwise be granted access to an
17 agency’s website be granted access even if he or she
18 declines to have the cookie installed; providing an
20 be specified in a contract between a public agency and
21 a contractor; providing exceptions; specifying that a
22 violation does not create a civil cause of action;
23 requiring the Office of Program Policy Analysis and
24 Government Accountability to submit a report to the
25 Legislature by a specified date; providing report
26 requirements; creating s. 429.55, F.S.; requiring the
27 Agency for Health Care Administration to provide
28 specified data on assisted living facilities by a
29 certain date; providing minimum requirements for such
30 data; authorizing the agency to create a comment
31 webpage regarding assisted living facilities;
32 providing minimum requirements; authorizing the agency
33 to provide links to certain third-party websites;
34 authorizing the agency to adopt rules; amending s.
35 408.05, F.S.; dissolving the Center for Health
36 Information and Policy Analysis within the Agency for
37 Health Care Administration; requiring the agency to
38 coordinate a system to promote access to certain data
39 and information; requiring that certain health-related
40 data be included within the system; assigning duties
41 to the agency relating to the collection and
42 dissemination of data; establishing conditions for the
43 funding of the system; requiring the Office of Program
44 Policy Analysis and Government Accountability to
45 monitor the agency’s implementation of the health
46 information system; requiring the Office of Program
47 Policy Analysis and Government Accountability to
48 submit a report to the Legislature after completion of
49 the implementation; providing report requirements;
50 reenacting s. 120.54(8), F.S., relating to rulemaking,
51 to incorporate the amendment made to s. 257.36, F.S.,
52 in a reference thereto; amending ss. 20.42, 381.026,
53 395.301, 395.602, 395.6025, 408.07, 408.18, 465.0244,
54 627.6499, and 641.54, F.S.; conforming provisions to
55 changes made by the act; providing an effective date.
57 Be It Enacted by the Legislature of the State of Florida:
59 Section 1. Subsection (6) of section 257.36, Florida
60 Statutes, is amended to read:
61 257.36 Records and information management.—
62 (6) A public record may be destroyed or otherwise disposed
63 of only in accordance with retention schedules established by
64 the division. The division shall adopt
65 consistent not inconsistent with this chapter which are shall be
66 binding on all agencies relating to the destruction and
67 disposition of records. Such rules must shall provide, but need
68 not be limited to:
69 (a) Procedures for complying and submitting to the division
70 records-retention schedules.
71 (b) Procedures for the physical destruction or other
72 disposal of records.
73 (c) Procedures for an agency to establish schedules for the
74 physical destruction or other disposal of records held by the
75 agency which contain personal identification information, as
76 defined in s. 282.801, after meeting retention requirements.
77 Unless otherwise required by law, an agency may indefinitely
78 retain records containing information that is not identifiable
79 as related to a unique individual.
80 (d) (c) Standards for the reproduction of records for
81 security or with a view to the disposal of the original record.
82 Section 2. Part IV of chapter 282, Florida Statutes,
83 consisting of section 282.801, Florida Statutes, is created to
85 PART IV
86 GOVERNMENT DATA COLLECTION PRACTICES
87 282.801 Government data practices.—
88 (1) For purposes of this part, the term:
89 (a) “Agency” has the same meaning as in s. 119.011.
90 (b) “Cookie” means data sent from a website which is
91 electronically installed on a computer or electronic device of
92 an individual who has accessed the website and transmits certain
93 information to the server of that website.
94 (c) “Individual” means a human being and does not include a
95 corporation, a partnership, or any other business entity.
96 (d) “Personal identification information” means an item,
97 collection, or grouping of information that may be used, alone
98 or in conjunction with other information, to identify a unique
99 individual, including, but not limited to, his or her:
100 1. Name;
101 2. Postal or e-mail address;
102 3. Telephone number;
103 4. Social security number;
104 5. Date of birth;
105 6. Mother’s maiden name;
106 7. Official state-issued or United States-issued driver
107 license or identification number, alien registration number,
108 government passport number, employer or taxpayer identification
109 number, or Medicaid or food assistance account number;
110 8. Bank account number, credit or debit card number, or
111 other number or information that can be used to access an
112 individual’s financial resources;
113 9. Educational records;
114 10. Medical records;
115 11. License plate number of a registered motor vehicle;
116 12. Images, including facial images;
117 13. Biometric identification information;
118 14. Criminal history; or
119 15. Employment history.
120 (2) An agency that collects personal identification
121 information through a website and retains such information shall
124 (a) A description of the services the website provides.
125 (b) A description of the personal identification
126 information that the agency collects and maintains from an
127 individual accessing or using the website.
128 (c) An explanation of whether the agency’s data collecting
129 and sharing practices are mandatory or allow a user to opt out
130 of those practices.
131 (d) Any available alternatives to using the website.
132 (e) A statement as to how the agency uses the personal
133 identification information, including, but not limited to,
134 whether and under what circumstances the agency discloses such
136 (f) Whether any other person, as defined in s. 671.201,
137 collects personal identification information through the
139 (g) A general description of the security measures in place
140 to protect personal identification information; however, such
141 description must not compromise the integrity of the security
143 (h) An explanation of public records requirements relating
144 to the personal identification information of an individual
145 using the website and if such information may be disclosed in
146 response to a public records request.
147 (3)(a) An agency that uses a website to install a cookie on
148 an individual’s computer or electronic device shall inform an
150 request permission to install a cookie on the individual’s
152 (b) If an individual accessing the website of an agency
153 declines to have cookies installed, such individual shall still
154 be allowed to access and use the website.
155 (c) This subsection does not apply to a cookie temporarily
156 installed on an individual’s computer or electronic device by an
157 agency if the cookie is installed only in the computer’s or
158 electronic device’s memory and is deleted from such memory when
159 the website browser or website application is closed.
160 (4) Any contract between a public agency and a contractor,
161 as those terms are defined in s. 119.0701, must specify that the
162 contractor must comply with the requirements in subsections (2)
163 and (3) for applicable services the contractor performs for the
164 public agency, except that subsections (2) and (3) do not apply
165 to a contractor that provides a service to a public agency which
166 is limited to administering, facilitating, processing, or
167 enforcing a financial transaction initiated by an individual
168 with no direct relationship with the contractor.
169 (5) The failure of an agency to comply with this section
170 does not create a civil cause of action.
171 Section 3. The Office of Program Policy Analysis and
172 Government Accountability shall submit a report to the President
173 of the Senate and the Speaker of the House of Representatives by
174 July 1, 2015, which:
175 (1) Identifies personal identification information, as
176 defined in s. 282.801, Florida Statutes, and the records in
177 which such information is contained, held by a state agency. For
178 purposes of this section, the term “state agency” has the same
179 meaning as in s. 216.011(1)(qq), but does not include state
180 attorneys, public defenders, criminal conflict and civil
181 regional counsel, capital collateral regional counsel, the
182 Justice Administrative Commission, the Florida Housing Finance
183 Corporation, the Florida Public Service Commission, and the
184 judicial branch.
185 (2) Describes the processes by which an individual may
186 currently view and verify his or her personal identification
187 information held by an agency, including how an individual may
188 request the correction of incorrect personal identification
190 (3) Identifies any obstacles that inhibit an individual’s
191 access to such records.
192 Section 4. Section 429.55, Florida Statutes, is created to
194 429.55 Public access to data; comment page.—
195 (1) By November 1, 2014, the agency shall provide,
196 maintain, and update at least quarterly, electronically
197 accessible data on assisted living facilities. Such data must be
198 searchable, downloadable, and available in generally accepted
199 formats. At a minimum, such data must include:
200 (a) Information on each assisted living facility licensed
201 under this part, including:
202 1. The name and address of the facility.
203 2. The number and type of licensed beds in the facility.
204 3. The types of licenses held by the facility.
205 4. The facility’s license expiration date and status.
206 5. Other relevant information that the agency currently
208 (b) A list of the facility’s violations, including, for
209 each violation:
210 1. A summary of the violation presented in a manner
211 understandable by the general public;
212 2. Any sanctions imposed by final order; and
213 3. The date the corrective action was confirmed by the
215 (c) Links to inspection reports on file with the agency.
216 (2)(a) The agency may provide a monitored comment webpage
217 that allows members of the public to comment on specific
218 assisted living facilities licensed to operate in this state. At
219 a minimum, the comment webpage must allow members of the public
220 to identify themselves, provide comments on their experiences
221 with, or observations of, an assisted living facility, and view
222 others’ comments.
223 (b) The agency shall review comments for profanities and
224 redact any profanities before posting the comments to the
225 webpage. After redacting any profanities, the agency shall post
226 all comments, and shall retain all comments as they were
227 originally submitted, which are subject to the requirements of
228 chapter 119, Florida Statutes, and which shall be retained by
229 the agency for inspection by the public without further
230 redaction pursuant to retention schedules and disposal processes
231 for such records.
232 (c) A controlling interest, as defined in s. 408.803,
233 Florida Statutes, in an assisted living facility, or an employee
234 or owner of an assisted living facility, is prohibited from
235 posting comments on the page. A controlling interest, employee,
236 or owner may respond to comments on the page, and the agency
237 shall ensure that such responses are identified as being from a
238 representative of the facility.
239 (3) The agency may provide links to third-party websites
240 that use the data published pursuant to this section to assist
241 consumers in evaluating the quality of care and service in
242 assisted living facilities.
243 (4) The agency may adopt rules to administer this section.
244 Section 5. Section 408.05, Florida Statutes, is amended to
246 408.05 Florida Health Information Transparency Initiative
247 Center for Health Information and Policy Analysis.—
248 (1) CREATION AND PURPOSE ESTABLISHMENT.—The agency shall
249 create a comprehensive health information system to promote
250 accessibility, transparency, and utility of state-collected data
251 and information about health providers, facilities, services,
252 and payment sources. The agency is responsible for making state
253 collected health data available in a manner that allows for and
254 encourages multiple and innovative uses of data sets. Subject to
255 funding by the General Appropriations Act, the agency shall
256 develop and deploy, through a contract award with one or more
257 vendors or internal development, new methods of dissemination
258 and ways to convert data into easily usable electronic formats
259 establish a Florida Center for Health Information and Policy
260 Analysis. The center shall establish a comprehensive health
261 information system to provide for the collection, compilation,
262 coordination, analysis, indexing, dissemination, and utilization
263 of both purposefully collected and extant health-related data
264 and statistics. The center shall be staffed with public health
265 experts, biostatisticians, information system analysts, health
266 policy experts, economists, and other staff necessary to carry
267 out its functions.
268 (2) HEALTH-RELATED DATA.—The comprehensive health
269 information system must include the following data and
270 information operated by the Florida Center for Health
271 Information and Policy Analysis shall identify the best
272 available data sources and coordinate the compilation of extant
273 health-related data and statistics and purposefully collect data
275 (a) The extent and nature of illness and disability of the
276 state population, including life expectancy, the incidence of
277 various acute and chronic illnesses, and infant and maternal
278 morbidity and mortality.
279 (b) The impact of illness and disability of the state
280 population on the state economy and on other aspects of the
281 well-being of the people in this state.
282 (c) Environmental, social, and other health hazards.
283 (d) Health knowledge and practices of the people in this
284 state and determinants of health and nutritional practices and
286 (a) (e) Health resources, including licensed health
287 professionals, licensed health care facilities, managed care
288 organizations, and other health services regulated or funded by
289 the state physicians, dentists, nurses, and other health
290 professionals, by specialty and type of practice and acute,
291 long-term care and other institutional care facility supplies
292 and specific services provided by hospitals, nursing homes, home
293 health agencies, and other health care facilities.
294 (b) (f) Utilization of health resources care by type of
296 (c) (g) Health care costs and financing, including Medicaid
297 claims and encounter data and data from other public and private
298 payors trends in health care prices and costs, the sources of
299 payment for health care services, and federal, state, and local
300 expenditures for health care.
301 (h) Family formation, growth, and dissolution.
302 (d) (i) The extent, source, and type of public and private
303 health insurance coverage in this state.
304 (e) (j) The data necessary for measuring value and quality
305 of care provided by various health care providers, including
306 applicable credentials, accreditation status, use, revenues and
307 expenses, outcomes, site visits, and other regulatory reports,
308 and the results of administrative and civil litigation related
309 to health care.
310 (3) COORDINATION COMPREHENSIVE HEALTH INFORMATION SYSTEM.
311 In order to collect comprehensive produce comparable and uniform
312 health information and statistics and to disseminate such
313 information to for the public, as well as for the development of
314 policy recommendations, the agency shall perform the following
316 (a) Collect and compile data from all agencies and programs
317 that provide, regulate, and pay for health services Coordinate
318 the activities of state agencies involved in the design and
319 implementation of the comprehensive health information system.
320 (b) Promote data sharing through the Undertake research,
321 development, dissemination, and evaluation of state-collected
322 health data and by making such data available, transferable, and
323 readily usable respecting the comprehensive health information
325 (c) Review the statistical activities of state agencies to
326 ensure that they are consistent with the comprehensive health
327 information system.
328 (c) (d) Develop written agreements with local, state, and
329 federal agencies for the sharing of health-care-related data or
330 using the facilities and services of such agencies. State
331 agencies, local health councils, and other agencies under state
332 contract shall assist the agency center in obtaining, compiling,
333 and transferring health-care-related data maintained by state
334 and local agencies. Written agreements must specify the types,
335 methods, and periodicity of data exchanges and specify the types
336 of data that will be transferred to the center.
337 (d) (e) Enable and facilitate the sharing and use of all
338 state-collected health data to the maximum extent allowed by law
339 Establish by rule the types of data collected, compiled,
340 processed, used, or shared. Decisions regarding center data sets
341 should be made based on consultation with the State Consumer
342 Health Information and Policy Advisory Council and other public
343 and private users regarding the types of data which should be
344 collected and their uses. The center shall establish
345 standardized means for collecting health information and
346 statistics under laws and rules administered by the agency.
347 (f) Establish minimum health-care-related data sets which
348 are necessary on a continuing basis to fulfill the collection
349 requirements of the center and which shall be used by state
350 agencies in collecting and compiling health-care-related data.
351 The agency shall periodically review ongoing health care data
352 collections of the Department of Health and other state agencies
353 to determine if the collections are being conducted in
354 accordance with the established minimum sets of data.
355 (g) Establish advisory standards to ensure the quality of
356 health statistical and epidemiological data collection,
357 processing, and analysis by local, state, and private
359 (e) (h) Monitor data collection procedures, test data
360 quality, and take such corrective actions as are necessary to
361 ensure that data and information disseminated under the
362 initiative are accurate, valid, reliable, and complete Prescribe
363 standards for the publication of health-care-related data
364 reported pursuant to this section which ensure the reporting of
365 accurate, valid, reliable, complete, and comparable data. Such
366 standards should include advisory warnings to users of the data
367 regarding the status and quality of any data reported by or
368 available from the center .
369 (f) (i) Initiate and maintain activities necessary to
370 collect, edit, verify, archive, and retrieve data compiled
371 pursuant to this section Prescribe standards for the maintenance
372 and preservation of the center’s data. This should include
373 methods for archiving data, retrieval of archived data, and data
374 editing and verification .
375 (j) Ensure that strict quality control measures are
376 maintained for the dissemination of data through publications,
377 studies, or user requests.
378 (k) Develop, in conjunction with the State Consumer Health
379 Information and Policy Advisory Council, and implement a long
380 range plan for making available health care quality measures and
381 financial data that will allow consumers to compare health care
382 services. The health care quality measures and financial data
383 the agency must make available include, but are not limited to,
384 pharmaceuticals, physicians, health care facilities, and health
385 plans and managed care entities. The agency shall update the
386 plan and report on the status of its implementation annually.
387 The agency shall also make the plan and status report available
388 to the public on its Internet website. As part of the plan, the
389 agency shall identify the process and timeframes for
390 implementation, barriers to implementation, and recommendations
391 of changes in the law that may be enacted by the Legislature to
392 eliminate the barriers. As preliminary elements of the plan, the
393 agency shall:
394 1. Make available patient-safety indicators, inpatient
395 quality indicators, and performance outcome and patient charge
396 data collected from health care facilities pursuant to s.
397 408.061(1)(a) and (2). The terms “patient-safety indicators” and
398 “inpatient quality indicators” have the same meaning as that
399 ascribed by the Centers for Medicare and Medicaid Services, an
400 accrediting organization whose standards incorporate comparable
401 regulations required by this state, or a national entity that
402 establishes standards to measure the performance of health care
403 providers, or by other states. The agency shall determine which
404 conditions, procedures, health care quality measures, and
405 patient charge data to disclose based upon input from the
406 council. When determining which conditions and procedures are to
407 be disclosed, the council and the agency shall consider
408 variation in costs, variation in outcomes, and magnitude of
409 variations and other relevant information. When determining
410 which health care quality measures to disclose, the agency:
411 a. Shall consider such factors as volume of cases; average
412 patient charges; average length of stay; complication rates;
413 mortality rates; and infection rates, among others, which shall
414 be adjusted for case mix and severity, if applicable.
415 b. May consider such additional measures that are adopted
416 by the Centers for Medicare and Medicaid Studies, an accrediting
417 organization whose standards incorporate comparable regulations
418 required by this state, the National Quality Forum, the Joint
419 Commission on Accreditation of Healthcare Organizations, the
420 Agency for Healthcare Research and Quality, the Centers for
421 Disease Control and Prevention, or a similar national entity
422 that establishes standards to measure the performance of health
423 care providers, or by other states.
425 When determining which patient charge data to disclose, the
426 agency shall include such measures as the average of
427 undiscounted charges on frequently performed procedures and
428 preventive diagnostic procedures, the range of procedure charges
429 from highest to lowest, average net revenue per adjusted patient
430 day, average cost per adjusted patient day, and average cost per
431 admission, among others.
432 2. Make available performance measures, benefit design, and
433 premium cost data from health plans licensed pursuant to chapter
434 627 or chapter 641. The agency shall determine which health care
435 quality measures and member and subscriber cost data to
436 disclose, based upon input from the council. When determining
437 which data to disclose, the agency shall consider information
438 that may be required by either individual or group purchasers to
439 assess the value of the product, which may include membership
440 satisfaction, quality of care, current enrollment or membership,
441 coverage areas, accreditation status, premium costs, plan costs,
442 premium increases, range of benefits, copayments and
443 deductibles, accuracy and speed of claims payment, credentials
444 of physicians, number of providers, names of network providers,
445 and hospitals in the network. Health plans shall make available
446 to the agency such data or information that is not currently
447 reported to the agency or the office.
448 3. Determine the method and format for public disclosure of
449 data reported pursuant to this paragraph. The agency shall make
450 its determination based upon input from the State Consumer
451 Health Information and Policy Advisory Council. At a minimum,
452 the data shall be made available on the agency’s Internet
453 website in a manner that allows consumers to conduct an
454 interactive search that allows them to view and compare the
455 information for specific providers. The website must include
456 such additional information as is determined necessary to ensure
457 that the website enhances informed decisionmaking among
458 consumers and health care purchasers, which shall include, at a
459 minimum, appropriate guidance on how to use the data and an
460 explanation of why the data may vary from provider to provider.
461 4. Publish on its website undiscounted charges for no fewer
462 than 150 of the most commonly performed adult and pediatric
463 procedures, including outpatient, inpatient, diagnostic, and
464 preventative procedures.
465 (4) TECHNICAL ASSISTANCE.—
466 (a) The center shall provide technical assistance to
467 persons or organizations engaged in health planning activities
468 in the effective use of statistics collected and compiled by the
469 center. The center shall also provide the following additional
470 technical assistance services:
471 1. Establish procedures identifying the circumstances under
472 which, the places at which, the persons from whom, and the
473 methods by which a person may secure data from the center,
474 including procedures governing requests, the ordering of
475 requests, timeframes for handling requests, and other procedures
476 necessary to facilitate the use of the center’s data. To the
477 extent possible, the center should provide current data timely
478 in response to requests from public or private agencies.
479 2. Provide assistance to data sources and users in the
480 areas of database design, survey design, sampling procedures,
481 statistical interpretation, and data access to promote improved
482 health-care-related data sets.
483 3. Identify health care data gaps and provide technical
484 assistance to other public or private organizations for meeting
485 documented health care data needs.
486 4. Assist other organizations in developing statistical
487 abstracts of their data sets that could be used by the center.
488 5. Provide statistical support to state agencies with
489 regard to the use of databases maintained by the center.
490 6. To the extent possible, respond to multiple requests for
491 information not currently collected by the center or available
492 from other sources by initiating data collection.
493 7. Maintain detailed information on data maintained by
494 other local, state, federal, and private agencies in order to
495 advise those who use the center of potential sources of data
496 which are requested but which are not available from the center.
497 8. Respond to requests for data which are not available in
498 published form by initiating special computer runs on data sets
499 available to the center.
500 9. Monitor innovations in health information technology,
501 informatics, and the exchange of health information and maintain
502 a repository of technical resources to support the development
503 of a health information network.
504 (b) The agency shall administer, manage, and monitor grants
505 to not-for-profit organizations, regional health information
506 organizations, public health departments, or state agencies that
507 submit proposals for planning, implementation, or training
508 projects to advance the development of a health information
509 network. Any grant contract shall be evaluated to ensure the
510 effective outcome of the health information project.
511 (c) The agency shall initiate, oversee, manage, and
512 evaluate the integration of health care data from each state
513 agency that collects, stores, and reports on health care issues
514 and make that data available to any health care practitioner
515 through a state health information network.
516 (5) PUBLICATIONS; REPORTS; SPECIAL STUDIES.—The center
517 shall provide for the widespread dissemination of data which it
518 collects and analyzes. The center shall have the following
519 publication, reporting, and special study functions:
520 (a) The center shall publish and make available
521 periodically to agencies and individuals health statistics
522 publications of general interest, including health plan consumer
523 reports and health maintenance organization member satisfaction
524 surveys; publications providing health statistics on topical
525 health policy issues; publications that provide health status
526 profiles of the people in this state; and other topical health
527 statistics publications.
528 (b) The center shall publish, make available, and
529 disseminate, promptly and as widely as practicable, the results
530 of special health surveys, health care research, and health care
531 evaluations conducted or supported under this section. Any
532 publication by the center must include a statement of the
533 limitations on the quality, accuracy, and completeness of the
535 (c) The center shall provide indexing, abstracting,
536 translation, publication, and other services leading to a more
537 effective and timely dissemination of health care statistics.
538 (d) The center shall be responsible for publishing and
539 disseminating an annual report on the center’s activities.
540 (e) The center shall be responsible, to the extent
541 resources are available, for conducting a variety of special
542 studies and surveys to expand the health care information and
543 statistics available for health policy analyses, particularly
544 for the review of public policy issues. The center shall develop
545 a process by which users of the center’s data are periodically
546 surveyed regarding critical data needs and the results of the
547 survey considered in determining which special surveys or
548 studies will be conducted. The center shall select problems in
549 health care for research, policy analyses, or special data
550 collections on the basis of their local, regional, or state
551 importance; the unique potential for definitive research on the
552 problem; and opportunities for application of the study
554 (4) (6) PROVIDER DATA REPORTING.—This section does not
555 confer on the agency the power to demand or require that a
556 health care provider or professional furnish information,
557 records of interviews, written reports, statements, notes,
558 memoranda, or data other than as expressly required by law.
559 (5) (7) HEALTH INFORMATION ENTERPRISE BUDGET; FEES.—
560 (a) The agency shall implement the comprehensive health
561 information system in a manner that recognizes state-collected
562 data as an asset and rewards taxpayer investment in information
563 collection and management Legislature intends that funding for
564 the Florida Center for Health Information and Policy Analysis be
565 appropriated from the General Revenue Fund.
566 (b) The agency Florida Center for Health Information and
567 Policy Analysis may apply for, and receive, and accept grants,
568 gifts, and other payments, including property and services, from
569 a any governmental or other public or private entity or person
570 and make arrangements for as to the use of such funds same,
571 including the undertaking of special studies and other projects
572 relating to health-care-related topics. Funds obtained pursuant
573 to this paragraph may not be used to offset annual
574 appropriations from the General Revenue Fund.
575 (c) The agency shall ensure that a vendor who enters into a
576 contract with the state under this section does not inhibit or
577 impede public access to state-collected health data and
578 information center may charge such reasonable fees for services
579 as the agency prescribes by rule. The established fees may not
580 exceed the reasonable cost for such services. Fees collected may
581 not be used to offset annual appropriations from the General
582 Revenue Fund .
583 (8) STATE CONSUMER HEALTH INFORMATION AND POLICY ADVISORY
585 (a) There is established in the agency the State Consumer
586 Health Information and Policy Advisory Council to assist the
587 center in reviewing the comprehensive health information system,
588 including the identification, collection, standardization,
589 sharing, and coordination of health-related data, fraud and
590 abuse data, and professional and facility licensing data among
591 federal, state, local, and private entities and to recommend
592 improvements for purposes of public health, policy analysis, and
593 transparency of consumer health care information. The council
594 shall consist of the following members:
595 1. An employee of the Executive Office of the Governor, to
596 be appointed by the Governor.
597 2. An employee of the Office of Insurance Regulation, to be
598 appointed by the director of the office.
599 3. An employee of the Department of Education, to be
600 appointed by the Commissioner of Education.
601 4. Ten persons, to be appointed by the Secretary of Health
602 Care Administration, representing other state and local
603 agencies, state universities, business and health coalitions,
604 local health councils, professional health-care-related
605 associations, consumers, and purchasers.
606 (b) Each member of the council shall be appointed to serve
607 for a term of 2 years following the date of appointment, except
608 the term of appointment shall end 3 years following the date of
609 appointment for members appointed in 2003, 2004, and 2005. A
610 vacancy shall be filled by appointment for the remainder of the
611 term, and each appointing authority retains the right to
612 reappoint members whose terms of appointment have expired.
613 (c) The council may meet at the call of its chair, at the
614 request of the agency, or at the request of a majority of its
615 membership, but the council must meet at least quarterly.
616 (d) Members shall elect a chair and vice chair annually.
617 (e) A majority of the members constitutes a quorum, and the
618 affirmative vote of a majority of a quorum is necessary to take
620 (f) The council shall maintain minutes of each meeting and
621 shall make such minutes available to any person.
622 (g) Members of the council shall serve without compensation
623 but shall be entitled to receive reimbursement for per diem and
624 travel expenses as provided in s. 112.061.
625 (h) The council’s duties and responsibilities include, but
626 are not limited to, the following:
627 1. To develop a mission statement, goals, and a plan of
628 action for the identification, collection, standardization,
629 sharing, and coordination of health-related data across federal,
630 state, and local government and private sector entities.
631 2. To develop a review process to ensure cooperative
632 planning among agencies that collect or maintain health-related
634 3. To create ad hoc issue-oriented technical workgroups on
635 an as-needed basis to make recommendations to the council.
636 (9) APPLICATION TO OTHER AGENCIES.—Nothing in this section
637 shall limit, restrict, affect, or control the collection,
638 analysis, release, or publication of data by any state agency
639 pursuant to its statutory authority, duties, or
641 Section 6. The Office of Program Policy Analysis and
642 Government Accountability (OPPAGA) shall monitor the Agency for
643 Health Care Administration’s implementation of s. 408.05,
644 Florida Statutes, as amended by this act. No later than 1 year
645 after the agency completes implementation, OPPAGA shall provide
646 a report to the President of the Senate and the Speaker of the
647 House of Representatives containing recommendations regarding
648 the application of data practices made pursuant to s. 408.05,
649 Florida Statutes, to other executive branch agencies.
650 Section 7. For the purpose of incorporating the amendment
651 made by this act to section 257.36, Florida Statutes, in a
652 reference thereto, subsection (8) of section 120.54, Florida
653 Statutes, is reenacted to read:
654 120.54 Rulemaking.—
655 (8) RULEMAKING RECORD.—In all rulemaking proceedings the
656 agency shall compile a rulemaking record. The record shall
657 include, if applicable, copies of:
658 (a) All notices given for the proposed rule.
659 (b) Any statement of estimated regulatory costs for the
661 (c) A written summary of hearings on the proposed rule.
662 (d) The written comments and responses to written comments
663 as required by this section and s. 120.541.
664 (e) All notices and findings made under subsection (4).
665 (f) All materials filed by the agency with the committee
666 under subsection (3).
667 (g) All materials filed with the Department of State under
668 subsection (3).
669 (h) All written inquiries from standing committees of the
670 Legislature concerning the rule.
672 Each state agency shall retain the record of rulemaking as long
673 as the rule is in effect. When a rule is no longer in effect,
674 the record may be destroyed pursuant to the records-retention
675 schedule developed under s. 257.36(6).
676 Section 8. Subsection (3) of section 20.42, Florida
677 Statutes, is amended to read:
678 20.42 Agency for Health Care Administration.—
679 (3) The department is shall be the chief health policy and
680 planning entity for the state. The department is responsible for
681 health facility licensure, inspection, and regulatory
682 enforcement; investigation of consumer complaints related to
683 health care facilities and managed care plans; the
684 implementation of the certificate of need program; the operation
685 of the Florida Center for Health Information and Policy
686 Analysis ; the administration of the Medicaid program; the
687 administration of the contracts with the Florida Healthy Kids
688 Corporation; the certification of health maintenance
689 organizations and prepaid health clinics as set forth in part
690 III of chapter 641; and any other duties prescribed by statute
691 or agreement.
692 Section 9. Paragraph (c) of subsection (4) of section
693 381.026, Florida Statutes, is amended to read:
694 381.026 Florida Patient’s Bill of Rights and
696 (4) RIGHTS OF PATIENTS.—Each health care facility or
697 provider shall observe the following standards:
698 (c) Financial information and disclosure.—
699 1. A patient has the right to be given, upon request, by
700 the responsible provider, his or her designee, or a
701 representative of the health care facility full information and
702 necessary counseling on the availability of known financial
703 resources for the patient’s health care.
704 2. A health care provider or a health care facility shall,
705 upon request, disclose to each patient who is eligible for
706 Medicare, before treatment, whether the health care provider or
707 the health care facility in which the patient is receiving
708 medical services accepts assignment under Medicare reimbursement
709 as payment in full for medical services and treatment rendered
710 in the health care provider’s office or health care facility.
711 3. A primary care provider may publish a schedule of
712 charges for the medical services that the provider offers to
713 patients. The schedule must include the prices charged to an
714 uninsured person paying for such services by cash, check, credit
715 card, or debit card. The schedule must be posted in a
716 conspicuous place in the reception area of the provider’s office
717 and must include, but is not limited to, the 50 services most
718 frequently provided by the primary care provider. The schedule
719 may group services by three price levels, listing services in
720 each price level. The posting must be at least 15 square feet in
721 size. A primary care provider who publishes and maintains a
722 schedule of charges for medical services is exempt from the
723 license fee requirements for a single period of renewal of a
724 professional license under chapter 456 for that licensure term
725 and is exempt from the continuing education requirements of
726 chapter 456 and the rules implementing those requirements for a
727 single 2-year period.
728 4. If a primary care provider publishes a schedule of
729 charges pursuant to subparagraph 3., he or she shall must
730 continually post it at all times for the duration of active
731 licensure in this state when primary care services are provided
732 to patients. If a primary care provider fails to post the
733 schedule of charges in accordance with this subparagraph, the
734 provider shall be required to pay any license fee and comply
735 with any continuing education requirements for which an
736 exemption was received.
737 5. A health care provider or a health care facility shall,
738 upon request, furnish a person, before the provision of medical
739 services, a reasonable estimate of charges for such services.
740 The health care provider or the health care facility shall
741 provide an uninsured person, before the provision of a planned
742 nonemergency medical service, a reasonable estimate of charges
743 for such service and information regarding the provider’s or
744 facility’s discount or charity policies for which the uninsured
745 person may be eligible. Such estimates by a primary care
746 provider must be consistent with the schedule posted under
747 subparagraph 3. To the extent possible, estimates shall , to the
748 extent possible, be written in language comprehensible to an
749 ordinary layperson. Such reasonable estimate does not preclude
750 the health care provider or health care facility from exceeding
751 the estimate or making additional charges based on changes in
752 the patient’s condition or treatment needs.
753 6. Each licensed facility not operated by the state shall
754 make available to the public on its Internet website or by other
755 electronic means a description of and a link to the performance
756 outcome and financial data that is published by the agency
757 pursuant to s. 408.05(3)(k). The facility shall place in its
758 reception area a notice stating that the in the reception area
759 that such information is available electronically and providing
760 the facility’s website address. The licensed facility may
761 indicate that the pricing information is based on a compilation
762 of charges for the average patient and that each patient’s bill
763 may vary from the average depending upon the severity of illness
764 and individual resources consumed. The licensed facility may
765 also indicate that the price of service is negotiable for
766 eligible patients based upon the patient’s ability to pay.
767 7. A patient has the right to receive a copy of an itemized
768 bill and upon request. A patient has a right to be given an
769 explanation of charges upon request.
770 Section 10. Subsection (11) of section 395.301, Florida
771 Statutes, is amended to read:
772 395.301 Itemized patient bill; form and content prescribed
773 by the agency.—
774 (11) Each licensed facility shall make available on its
775 Internet website a link to the performance outcome and financial
776 data that is published by the Agency for Health Care
777 Administration pursuant to s. 408.05(3)(k). The facility shall
778 place in its reception area a notice stating in the reception
779 area that the information is available electronically and
780 providing the facility’s Internet website address.
781 Section 11. Paragraph (e) of subsection (2) of section
782 395.602, Florida Statutes, is amended to read:
783 395.602 Rural hospitals.—
784 (2) DEFINITIONS.—As used in this part:
785 (e) “Rural hospital” means an acute care hospital licensed
786 under this chapter, having 100 or fewer licensed beds and an
787 emergency room, which is:
788 1. The sole provider within a county with a population
789 density of no greater than 100 persons per square mile;
790 2. An acute care hospital, in a county with a population
791 density of no greater than 100 persons per square mile, which is
792 at least 30 minutes of travel time, on normally traveled roads
793 under normal traffic conditions, from any other acute care
794 hospital within the same county;
795 3. A hospital supported by a tax district or subdistrict
796 whose boundaries encompass a population of 100 persons or fewer
797 per square mile;
798 4. A hospital in a constitutional charter county with a
799 population of more than over 1 million persons that has imposed
800 a local option health service tax pursuant to law and in an area
801 that was directly impacted by a catastrophic event on August 24,
802 1992, for which the Governor of Florida declared a state of
803 emergency pursuant to chapter 125, and has 120 beds or less that
804 serves an agricultural community with an emergency room
805 utilization of no less than 20,000 visits and a Medicaid
806 inpatient utilization rate greater than 15 percent;
807 5. A hospital with a service area that has a population of
808 100 persons or fewer per square mile. As used in this
809 subparagraph, the term “service area” means the fewest number of
810 zip codes that account for 75 percent of the hospital’s
811 discharges for the most recent 5-year period, based on
812 information available from the agency’s hospital inpatient
813 discharge database in the Florida Center for Health Information
814 and Policy Analysis at the agency; or
815 6. A hospital designated as a critical access hospital, as
816 defined in s. 408.07.
818 Population densities used in this paragraph must be based upon
819 the most recently completed United States census. A hospital
820 that received funds under s. 409.9116 for a quarter beginning no
821 later than July 1, 2002, is deemed to have been and shall
822 continue to be a rural hospital from that date through June 30,
823 2015, if the hospital continues to have 100 or fewer licensed
824 beds and an emergency room, or meets the criteria of
825 subparagraph 4. An acute care hospital that has not previously
826 been designated as a rural hospital and that meets the criteria
827 of this paragraph shall be granted such designation upon
828 application, including supporting documentation, to the agency.
829 A hospital that was licensed as a rural hospital during the
830 2010-2011 or 2011-2012 fiscal year shall continue to be a rural
831 hospital from the date of designation through June 30, 2015, if
832 the hospital continues to have 100 or fewer licensed beds and an
833 emergency room.
834 Section 12. Section 395.6025, Florida Statutes, is amended
835 to read:
836 395.6025 Rural hospital replacement facilities.
837 Notwithstanding the provisions of s. 408.036, a hospital defined
838 as a statutory rural hospital in accordance with s. 395.602, or
839 a not-for-profit operator of rural hospitals, is not required to
840 obtain a certificate of need for the construction of a new
841 hospital located in a county with a population of at least
842 15,000 but no more than 18,000 and a density of less than 30
843 persons per square mile, or a replacement facility, if provided
844 that the replacement, or new, facility is located within 10
845 miles of the site of the currently licensed rural hospital and
846 within the current primary service area. As used in this
847 section, the term “service area” means the fewest number of zip
848 codes that account for 75 percent of the hospital’s discharges
849 for the most recent 5-year period, based on information
850 available from the Agency for Health Care Administration’s
851 hospital inpatient discharge database in the Florida Center for
852 Health Information and Policy Analysis at the Agency for Health
853 Care Administration.
854 Section 13. Subsection (43) of section 408.07, Florida
855 Statutes, is amended to read:
856 408.07 Definitions.—As used in this chapter, with the
857 exception of ss. 408.031-408.045, the term:
858 (43) “Rural hospital” means an acute care hospital licensed
859 under chapter 395, having 100 or fewer licensed beds and an
860 emergency room, and which is:
861 (a) The sole provider within a county with a population
862 density of no greater than 100 persons per square mile;
863 (b) An acute care hospital, in a county with a population
864 density of no greater than 100 persons per square mile, which is
865 at least 30 minutes of travel time, on normally traveled roads
866 under normal traffic conditions, from another acute care
867 hospital within the same county;
868 (c) A hospital supported by a tax district or subdistrict
869 whose boundaries encompass a population of 100 persons or fewer
870 per square mile;
871 (d) A hospital with a service area that has a population of
872 100 persons or fewer per square mile. As used in this paragraph,
873 the term “service area” means the fewest number of zip codes
874 that account for 75 percent of the hospital’s discharges for the
875 most recent 5-year period, based on information available from
876 the Agency for Health Care Administration’s hospital inpatient
877 discharge database in the Florida Center for Health Information
878 and Policy Analysis at the Agency for Health Care
879 Administration; or
880 (e) A critical access hospital.
882 Population densities used in this subsection must be based upon
883 the most recently completed United States census. A hospital
884 that received funds under s. 409.9116 for a quarter beginning no
885 later than July 1, 2002, is deemed to have been and shall
886 continue to be a rural hospital from that date through June 30,
887 2015, if the hospital continues to have 100 or fewer licensed
888 beds and an emergency room, or meets the criteria of s.
889 395.602(2)(e)4. An acute care hospital that has not previously
890 been designated as a rural hospital and that meets the criteria
891 of this subsection shall be granted such designation upon
892 application, including supporting documentation, to the Agency
893 for Health Care Administration.
894 Section 14. Paragraph (a) of subsection (4) of section
895 408.18, Florida Statutes, is amended to read:
896 408.18 Health Care Community Antitrust Guidance Act;
897 antitrust no-action letter; market-information collection and
899 (4)(a) Members of the health care community who seek
900 antitrust guidance may request a review of their proposed
901 business activity by the Attorney General’s office. In
902 conducting its review, the Attorney General’s office may seek
903 whatever documentation, data, or other material it deems
904 necessary from the Agency for Health Care Administration , the
905 Florida Center for Health Information and Policy Analysis , and
906 the Office of Insurance Regulation of the Financial Services
908 Section 15. Section 465.0244, Florida Statutes, is amended
909 to read:
910 465.0244 Information disclosure.—Every pharmacy shall make
911 available on its Internet website a link to the performance
912 outcome and financial data that is published by the Agency for
913 Health Care Administration pursuant to s. 408.05(3)(k) and shall
914 place in the area where customers receive filled prescriptions
915 notice that such information is available electronically and the
916 address of its Internet website.
917 Section 16. Subsection (2) of section 627.6499, Florida
918 Statutes, is amended to read:
919 627.6499 Reporting by insurers and third-party
921 (2) Each health insurance issuer shall make available on
922 its Internet website a link to the performance outcome and
923 financial data that is published by the Agency for Health Care
924 Administration pursuant to s. 408.05(3)(k) and shall include in
925 every policy delivered or issued for delivery to any person in
926 the state or any materials provided as required by s. 627.64725
927 notice that such information is available electronically and the
928 address of its Internet website.
929 Section 17. Subsection (7) of section 641.54, Florida
930 Statutes, is amended to read:
931 641.54 Information disclosure.—
932 (7) Each health maintenance organization shall make
933 available on its Internet website a link to the performance
934 outcome and financial data that is published by the Agency for
935 Health Care Administration pursuant to s. 408.05(3)(k) and shall
936 include in every policy delivered or issued for delivery to any
937 person in the state or any materials provided as required by s.
938 627.64725 notice that such information is available
939 electronically and the address of its Internet website.
940 Section 18. This act shall take effect July 1, 2014.