Florida Senate - 2014 CS for SB 782
By the Committee on Governmental Oversight and Accountability;
and Senator Brandes
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; specifying that a violation does not
22 create a civil cause of action; requiring the Office
23 of Program Policy Analysis and Government
24 Accountability to submit a report to the Legislature
25 by a specified date; providing report requirements;
26 creating s. 429.55, F.S.; requiring the Agency for
27 Health Care Administration to provide specified data
28 on assisted living facilities by a certain date;
29 providing minimum requirements for such data;
30 authorizing the agency to create a comment webpage
31 regarding assisted living facilities; providing
32 minimum requirements; authorizing the agency to
33 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, as defined in s.
161 119.0701(1)(b), and a contractor, as defined in s.
162 119.0701(1)(a), must specify that the contractor must comply
163 with the requirements in subsections (2) and (3).
164 (5) The failure of an agency to comply with this section
165 does not create a civil cause of action.
166 Section 3. The Office of Program Policy Analysis and
167 Government Accountability shall submit a report to the President
168 of the Senate and the Speaker of the House of Representatives by
169 July 1, 2015, which:
170 (1) Identifies personal identification information, as
171 defined in s. 282.801, Florida Statutes, and the records in
172 which such information is contained, held by a state agency. For
173 purposes of this section, the term “state agency” has the same
174 meaning as in s. 216.011(1)(qq), but does not include state
175 attorneys, public defenders, criminal conflict and civil
176 regional counsel, capital collateral regional counsel, the
177 Justice Administrative Commission, the Florida Housing Finance
178 Corporation, the Florida Public Service Commission, and the
179 judicial branch.
180 (2) Describes the processes by which an individual may
181 currently view and verify his or her personal identification
182 information held by an agency, including how an individual may
183 request the correction of incorrect personal identification
185 (3) Identifies any obstacles that inhibit an individual’s
186 access to such records.
187 Section 4. Section 429.55, Florida Statutes, is created to
189 429.55 Public access to data; comment page.—
190 (1) By November 1, 2014, the agency shall provide,
191 maintain, and update at least quarterly, electronically
192 accessible data on assisted living facilities. Such data must be
193 searchable, downloadable, and available in generally accepted
194 formats. At a minimum, such data must include:
195 (a) Information on each assisted living facility licensed
196 under this part, including:
197 1. The name and address of the facility.
198 2. The number and type of licensed beds in the facility.
199 3. The types of licenses held by the facility.
200 4. The facility’s license expiration date and status.
201 5. Other relevant information that the agency currently
203 (b) A list of the facility’s violations, including, for
204 each violation:
205 1. A summary of the violation presented in a manner
206 understandable by the general public;
207 2. Any sanctions imposed by final order; and
208 3. The date the corrective action was confirmed by the
210 (c) Links to inspection reports on file with the agency.
211 (2)(a) The agency may provide a monitored comment webpage
212 that allows members of the public to comment on specific
213 assisted living facilities licensed to operate in this state. At
214 a minimum, the comment webpage must allow members of the public
215 to identify themselves, provide comments on their experiences
216 with, or observations of, an assisted living facility, and view
217 others’ comments.
218 (b) The agency shall review comments for profanities and
219 redact any profanities before posting the comments to the
220 webpage. After redacting any profanities, the agency shall post
221 all comments, and shall retain all comments as they were
222 originally submitted, which are subject to the requirements of
223 chapter 119, Florida Statutes, and which shall be retained by
224 the agency for inspection by the public without further
225 redaction pursuant to retention schedules and disposal processes
226 for such records.
227 (c) A controlling interest, as defined in s. 408.803,
228 Florida Statutes, in an assisted living facility, or an employee
229 or owner of an assisted living facility, is prohibited from
230 posting comments on the page. A controlling interest, employee,
231 or owner may respond to comments on the page, and the agency
232 shall ensure that such responses are identified as being from a
233 representative of the facility.
234 (3) The agency may provide links to third-party websites
235 that use the data published pursuant to this section to assist
236 consumers in evaluating the quality of care and service in
237 assisted living facilities.
238 (4) The agency may adopt rules to administer this section.
239 Section 5. Section 408.05, Florida Statutes, is amended to
241 408.05 Florida Health Information Transparency Initiative
242 Center for Health Information and Policy Analysis.—
243 (1) CREATION AND PURPOSE ESTABLISHMENT.—The agency shall
244 create a comprehensive health information system to promote
245 accessibility, transparency, and utility of state-collected data
246 and information about health providers, facilities, services,
247 and payment sources. The agency is responsible for making state
248 collected health data available in a manner that allows for and
249 encourages multiple and innovative uses of data sets. Subject to
250 funding by the General Appropriations Act, the agency shall
251 develop and deploy, through a contract award with one or more
252 vendors or internal development, new methods of dissemination
253 and ways to convert data into easily usable electronic formats
254 establish a Florida Center for Health Information and Policy
255 Analysis. The center shall establish a comprehensive health
256 information system to provide for the collection, compilation,
257 coordination, analysis, indexing, dissemination, and utilization
258 of both purposefully collected and extant health-related data
259 and statistics. The center shall be staffed with public health
260 experts, biostatisticians, information system analysts, health
261 policy experts, economists, and other staff necessary to carry
262 out its functions.
263 (2) HEALTH-RELATED DATA.—The comprehensive health
264 information system must include the following data and
265 information operated by the Florida Center for Health
266 Information and Policy Analysis shall identify the best
267 available data sources and coordinate the compilation of extant
268 health-related data and statistics and purposefully collect data
270 (a) The extent and nature of illness and disability of the
271 state population, including life expectancy, the incidence of
272 various acute and chronic illnesses, and infant and maternal
273 morbidity and mortality.
274 (b) The impact of illness and disability of the state
275 population on the state economy and on other aspects of the
276 well-being of the people in this state.
277 (c) Environmental, social, and other health hazards.
278 (d) Health knowledge and practices of the people in this
279 state and determinants of health and nutritional practices and
281 (a) (e) Health resources, including licensed health
282 professionals, licensed health care facilities, managed care
283 organizations, and other health services regulated or funded by
284 the state physicians, dentists, nurses, and other health
285 professionals, by specialty and type of practice and acute,
286 long-term care and other institutional care facility supplies
287 and specific services provided by hospitals, nursing homes, home
288 health agencies, and other health care facilities.
289 (b) (f) Utilization of health resources care by type of
291 (c) (g) Health care costs and financing, including Medicaid
292 claims and encounter data and data from other public and private
293 payors trends in health care prices and costs, the sources of
294 payment for health care services, and federal, state, and local
295 expenditures for health care.
296 (h) Family formation, growth, and dissolution.
297 (d) (i) The extent, source, and type of public and private
298 health insurance coverage in this state.
299 (e) (j) The data necessary for measuring value and quality
300 of care provided by various health care providers, including
301 applicable credentials, accreditation status, use, revenues and
302 expenses, outcomes, site visits, and other regulatory reports,
303 and the results of administrative and civil litigation related
304 to health care.
305 (3) COORDINATION COMPREHENSIVE HEALTH INFORMATION SYSTEM.
306 In order to collect comprehensive produce comparable and uniform
307 health information and statistics and to disseminate such
308 information to for the public, as well as for the development of
309 policy recommendations, the agency shall perform the following
311 (a) Collect and compile data from all agencies and programs
312 that provide, regulate, and pay for health services Coordinate
313 the activities of state agencies involved in the design and
314 implementation of the comprehensive health information system.
315 (b) Promote data sharing through the Undertake research,
316 development, dissemination, and evaluation of state-collected
317 health data and by making such data available, transferable, and
318 readily usable respecting the comprehensive health information
320 (c) Review the statistical activities of state agencies to
321 ensure that they are consistent with the comprehensive health
322 information system.
323 (c) (d) Develop written agreements with local, state, and
324 federal agencies for the sharing of health-care-related data or
325 using the facilities and services of such agencies. State
326 agencies, local health councils, and other agencies under state
327 contract shall assist the agency center in obtaining, compiling,
328 and transferring health-care-related data maintained by state
329 and local agencies. Written agreements must specify the types,
330 methods, and periodicity of data exchanges and specify the types
331 of data that will be transferred to the center.
332 (d) (e) Enable and facilitate the sharing and use of all
333 state-collected health data to the maximum extent allowed by law
334 Establish by rule the types of data collected, compiled,
335 processed, used, or shared. Decisions regarding center data sets
336 should be made based on consultation with the State Consumer
337 Health Information and Policy Advisory Council and other public
338 and private users regarding the types of data which should be
339 collected and their uses. The center shall establish
340 standardized means for collecting health information and
341 statistics under laws and rules administered by the agency.
342 (f) Establish minimum health-care-related data sets which
343 are necessary on a continuing basis to fulfill the collection
344 requirements of the center and which shall be used by state
345 agencies in collecting and compiling health-care-related data.
346 The agency shall periodically review ongoing health care data
347 collections of the Department of Health and other state agencies
348 to determine if the collections are being conducted in
349 accordance with the established minimum sets of data.
350 (g) Establish advisory standards to ensure the quality of
351 health statistical and epidemiological data collection,
352 processing, and analysis by local, state, and private
354 (e) (h) Monitor data collection procedures, test data
355 quality, and take such corrective actions as are necessary to
356 ensure that data and information disseminated under the
357 initiative are accurate, valid, reliable, and complete Prescribe
358 standards for the publication of health-care-related data
359 reported pursuant to this section which ensure the reporting of
360 accurate, valid, reliable, complete, and comparable data. Such
361 standards should include advisory warnings to users of the data
362 regarding the status and quality of any data reported by or
363 available from the center .
364 (f) (i) Initiate and maintain activities necessary to
365 collect, edit, verify, archive, and retrieve data compiled
366 pursuant to this section Prescribe standards for the maintenance
367 and preservation of the center’s data. This should include
368 methods for archiving data, retrieval of archived data, and data
369 editing and verification .
370 (j) Ensure that strict quality control measures are
371 maintained for the dissemination of data through publications,
372 studies, or user requests.
373 (k) Develop, in conjunction with the State Consumer Health
374 Information and Policy Advisory Council, and implement a long
375 range plan for making available health care quality measures and
376 financial data that will allow consumers to compare health care
377 services. The health care quality measures and financial data
378 the agency must make available include, but are not limited to,
379 pharmaceuticals, physicians, health care facilities, and health
380 plans and managed care entities. The agency shall update the
381 plan and report on the status of its implementation annually.
382 The agency shall also make the plan and status report available
383 to the public on its Internet website. As part of the plan, the
384 agency shall identify the process and timeframes for
385 implementation, barriers to implementation, and recommendations
386 of changes in the law that may be enacted by the Legislature to
387 eliminate the barriers. As preliminary elements of the plan, the
388 agency shall:
389 1. Make available patient-safety indicators, inpatient
390 quality indicators, and performance outcome and patient charge
391 data collected from health care facilities pursuant to s.
392 408.061(1)(a) and (2). The terms “patient-safety indicators” and
393 “inpatient quality indicators” have the same meaning as that
394 ascribed by the Centers for Medicare and Medicaid Services, an
395 accrediting organization whose standards incorporate comparable
396 regulations required by this state, or a national entity that
397 establishes standards to measure the performance of health care
398 providers, or by other states. The agency shall determine which
399 conditions, procedures, health care quality measures, and
400 patient charge data to disclose based upon input from the
401 council. When determining which conditions and procedures are to
402 be disclosed, the council and the agency shall consider
403 variation in costs, variation in outcomes, and magnitude of
404 variations and other relevant information. When determining
405 which health care quality measures to disclose, the agency:
406 a. Shall consider such factors as volume of cases; average
407 patient charges; average length of stay; complication rates;
408 mortality rates; and infection rates, among others, which shall
409 be adjusted for case mix and severity, if applicable.
410 b. May consider such additional measures that are adopted
411 by the Centers for Medicare and Medicaid Studies, an accrediting
412 organization whose standards incorporate comparable regulations
413 required by this state, the National Quality Forum, the Joint
414 Commission on Accreditation of Healthcare Organizations, the
415 Agency for Healthcare Research and Quality, the Centers for
416 Disease Control and Prevention, or a similar national entity
417 that establishes standards to measure the performance of health
418 care providers, or by other states.
420 When determining which patient charge data to disclose, the
421 agency shall include such measures as the average of
422 undiscounted charges on frequently performed procedures and
423 preventive diagnostic procedures, the range of procedure charges
424 from highest to lowest, average net revenue per adjusted patient
425 day, average cost per adjusted patient day, and average cost per
426 admission, among others.
427 2. Make available performance measures, benefit design, and
428 premium cost data from health plans licensed pursuant to chapter
429 627 or chapter 641. The agency shall determine which health care
430 quality measures and member and subscriber cost data to
431 disclose, based upon input from the council. When determining
432 which data to disclose, the agency shall consider information
433 that may be required by either individual or group purchasers to
434 assess the value of the product, which may include membership
435 satisfaction, quality of care, current enrollment or membership,
436 coverage areas, accreditation status, premium costs, plan costs,
437 premium increases, range of benefits, copayments and
438 deductibles, accuracy and speed of claims payment, credentials
439 of physicians, number of providers, names of network providers,
440 and hospitals in the network. Health plans shall make available
441 to the agency such data or information that is not currently
442 reported to the agency or the office.
443 3. Determine the method and format for public disclosure of
444 data reported pursuant to this paragraph. The agency shall make
445 its determination based upon input from the State Consumer
446 Health Information and Policy Advisory Council. At a minimum,
447 the data shall be made available on the agency’s Internet
448 website in a manner that allows consumers to conduct an
449 interactive search that allows them to view and compare the
450 information for specific providers. The website must include
451 such additional information as is determined necessary to ensure
452 that the website enhances informed decisionmaking among
453 consumers and health care purchasers, which shall include, at a
454 minimum, appropriate guidance on how to use the data and an
455 explanation of why the data may vary from provider to provider.
456 4. Publish on its website undiscounted charges for no fewer
457 than 150 of the most commonly performed adult and pediatric
458 procedures, including outpatient, inpatient, diagnostic, and
459 preventative procedures.
460 (4) TECHNICAL ASSISTANCE.—
461 (a) The center shall provide technical assistance to
462 persons or organizations engaged in health planning activities
463 in the effective use of statistics collected and compiled by the
464 center. The center shall also provide the following additional
465 technical assistance services:
466 1. Establish procedures identifying the circumstances under
467 which, the places at which, the persons from whom, and the
468 methods by which a person may secure data from the center,
469 including procedures governing requests, the ordering of
470 requests, timeframes for handling requests, and other procedures
471 necessary to facilitate the use of the center’s data. To the
472 extent possible, the center should provide current data timely
473 in response to requests from public or private agencies.
474 2. Provide assistance to data sources and users in the
475 areas of database design, survey design, sampling procedures,
476 statistical interpretation, and data access to promote improved
477 health-care-related data sets.
478 3. Identify health care data gaps and provide technical
479 assistance to other public or private organizations for meeting
480 documented health care data needs.
481 4. Assist other organizations in developing statistical
482 abstracts of their data sets that could be used by the center.
483 5. Provide statistical support to state agencies with
484 regard to the use of databases maintained by the center.
485 6. To the extent possible, respond to multiple requests for
486 information not currently collected by the center or available
487 from other sources by initiating data collection.
488 7. Maintain detailed information on data maintained by
489 other local, state, federal, and private agencies in order to
490 advise those who use the center of potential sources of data
491 which are requested but which are not available from the center.
492 8. Respond to requests for data which are not available in
493 published form by initiating special computer runs on data sets
494 available to the center.
495 9. Monitor innovations in health information technology,
496 informatics, and the exchange of health information and maintain
497 a repository of technical resources to support the development
498 of a health information network.
499 (b) The agency shall administer, manage, and monitor grants
500 to not-for-profit organizations, regional health information
501 organizations, public health departments, or state agencies that
502 submit proposals for planning, implementation, or training
503 projects to advance the development of a health information
504 network. Any grant contract shall be evaluated to ensure the
505 effective outcome of the health information project.
506 (c) The agency shall initiate, oversee, manage, and
507 evaluate the integration of health care data from each state
508 agency that collects, stores, and reports on health care issues
509 and make that data available to any health care practitioner
510 through a state health information network.
511 (5) PUBLICATIONS; REPORTS; SPECIAL STUDIES.—The center
512 shall provide for the widespread dissemination of data which it
513 collects and analyzes. The center shall have the following
514 publication, reporting, and special study functions:
515 (a) The center shall publish and make available
516 periodically to agencies and individuals health statistics
517 publications of general interest, including health plan consumer
518 reports and health maintenance organization member satisfaction
519 surveys; publications providing health statistics on topical
520 health policy issues; publications that provide health status
521 profiles of the people in this state; and other topical health
522 statistics publications.
523 (b) The center shall publish, make available, and
524 disseminate, promptly and as widely as practicable, the results
525 of special health surveys, health care research, and health care
526 evaluations conducted or supported under this section. Any
527 publication by the center must include a statement of the
528 limitations on the quality, accuracy, and completeness of the
530 (c) The center shall provide indexing, abstracting,
531 translation, publication, and other services leading to a more
532 effective and timely dissemination of health care statistics.
533 (d) The center shall be responsible for publishing and
534 disseminating an annual report on the center’s activities.
535 (e) The center shall be responsible, to the extent
536 resources are available, for conducting a variety of special
537 studies and surveys to expand the health care information and
538 statistics available for health policy analyses, particularly
539 for the review of public policy issues. The center shall develop
540 a process by which users of the center’s data are periodically
541 surveyed regarding critical data needs and the results of the
542 survey considered in determining which special surveys or
543 studies will be conducted. The center shall select problems in
544 health care for research, policy analyses, or special data
545 collections on the basis of their local, regional, or state
546 importance; the unique potential for definitive research on the
547 problem; and opportunities for application of the study
549 (4) (6) PROVIDER DATA REPORTING.—This section does not
550 confer on the agency the power to demand or require that a
551 health care provider or professional furnish information,
552 records of interviews, written reports, statements, notes,
553 memoranda, or data other than as expressly required by law.
554 (5) (7) HEALTH INFORMATION ENTERPRISE BUDGET; FEES.—
555 (a) The agency shall implement the comprehensive health
556 information system in a manner that recognizes state-collected
557 data as an asset and rewards taxpayer investment in information
558 collection and management Legislature intends that funding for
559 the Florida Center for Health Information and Policy Analysis be
560 appropriated from the General Revenue Fund.
561 (b) The agency Florida Center for Health Information and
562 Policy Analysis may apply for, and receive, and accept grants,
563 gifts, and other payments, including property and services, from
564 a any governmental or other public or private entity or person
565 and make arrangements for as to the use of such funds same,
566 including the undertaking of special studies and other projects
567 relating to health-care-related topics. Funds obtained pursuant
568 to this paragraph may not be used to offset annual
569 appropriations from the General Revenue Fund.
570 (c) The agency shall ensure that a vendor who enters into a
571 contract with the state under this section does not inhibit or
572 impede public access to state-collected health data and
573 information center may charge such reasonable fees for services
574 as the agency prescribes by rule. The established fees may not
575 exceed the reasonable cost for such services. Fees collected may
576 not be used to offset annual appropriations from the General
577 Revenue Fund .
578 (8) STATE CONSUMER HEALTH INFORMATION AND POLICY ADVISORY
580 (a) There is established in the agency the State Consumer
581 Health Information and Policy Advisory Council to assist the
582 center in reviewing the comprehensive health information system,
583 including the identification, collection, standardization,
584 sharing, and coordination of health-related data, fraud and
585 abuse data, and professional and facility licensing data among
586 federal, state, local, and private entities and to recommend
587 improvements for purposes of public health, policy analysis, and
588 transparency of consumer health care information. The council
589 shall consist of the following members:
590 1. An employee of the Executive Office of the Governor, to
591 be appointed by the Governor.
592 2. An employee of the Office of Insurance Regulation, to be
593 appointed by the director of the office.
594 3. An employee of the Department of Education, to be
595 appointed by the Commissioner of Education.
596 4. Ten persons, to be appointed by the Secretary of Health
597 Care Administration, representing other state and local
598 agencies, state universities, business and health coalitions,
599 local health councils, professional health-care-related
600 associations, consumers, and purchasers.
601 (b) Each member of the council shall be appointed to serve
602 for a term of 2 years following the date of appointment, except
603 the term of appointment shall end 3 years following the date of
604 appointment for members appointed in 2003, 2004, and 2005. A
605 vacancy shall be filled by appointment for the remainder of the
606 term, and each appointing authority retains the right to
607 reappoint members whose terms of appointment have expired.
608 (c) The council may meet at the call of its chair, at the
609 request of the agency, or at the request of a majority of its
610 membership, but the council must meet at least quarterly.
611 (d) Members shall elect a chair and vice chair annually.
612 (e) A majority of the members constitutes a quorum, and the
613 affirmative vote of a majority of a quorum is necessary to take
615 (f) The council shall maintain minutes of each meeting and
616 shall make such minutes available to any person.
617 (g) Members of the council shall serve without compensation
618 but shall be entitled to receive reimbursement for per diem and
619 travel expenses as provided in s. 112.061.
620 (h) The council’s duties and responsibilities include, but
621 are not limited to, the following:
622 1. To develop a mission statement, goals, and a plan of
623 action for the identification, collection, standardization,
624 sharing, and coordination of health-related data across federal,
625 state, and local government and private sector entities.
626 2. To develop a review process to ensure cooperative
627 planning among agencies that collect or maintain health-related
629 3. To create ad hoc issue-oriented technical workgroups on
630 an as-needed basis to make recommendations to the council.
631 (9) APPLICATION TO OTHER AGENCIES.—Nothing in this section
632 shall limit, restrict, affect, or control the collection,
633 analysis, release, or publication of data by any state agency
634 pursuant to its statutory authority, duties, or
636 Section 6. The Office of Program Policy Analysis and
637 Government Accountability (OPPAGA) shall monitor the Agency for
638 Health Care Administration’s implementation of s. 408.05,
639 Florida Statutes, as amended by this act. No later than 1 year
640 after the agency completes implementation, OPPAGA shall provide
641 a report to the President of the Senate and the Speaker of the
642 House of Representatives containing recommendations regarding
643 the application of data practices made pursuant to s. 408.05,
644 Florida Statutes, to other executive branch agencies.
645 Section 7. For the purpose of incorporating the amendment
646 made by this act to section 257.36, Florida Statutes, in a
647 reference thereto, subsection (8) of section 120.54, Florida
648 Statutes, is reenacted to read:
649 120.54 Rulemaking.—
650 (8) RULEMAKING RECORD.—In all rulemaking proceedings the
651 agency shall compile a rulemaking record. The record shall
652 include, if applicable, copies of:
653 (a) All notices given for the proposed rule.
654 (b) Any statement of estimated regulatory costs for the
656 (c) A written summary of hearings on the proposed rule.
657 (d) The written comments and responses to written comments
658 as required by this section and s. 120.541.
659 (e) All notices and findings made under subsection (4).
660 (f) All materials filed by the agency with the committee
661 under subsection (3).
662 (g) All materials filed with the Department of State under
663 subsection (3).
664 (h) All written inquiries from standing committees of the
665 Legislature concerning the rule.
667 Each state agency shall retain the record of rulemaking as long
668 as the rule is in effect. When a rule is no longer in effect,
669 the record may be destroyed pursuant to the records-retention
670 schedule developed under s. 257.36(6).
671 Section 8. Subsection (3) of section 20.42, Florida
672 Statutes, is amended to read:
673 20.42 Agency for Health Care Administration.—
674 (3) The department is shall be the chief health policy and
675 planning entity for the state. The department is responsible for
676 health facility licensure, inspection, and regulatory
677 enforcement; investigation of consumer complaints related to
678 health care facilities and managed care plans; the
679 implementation of the certificate of need program; the operation
680 of the Florida Center for Health Information and Policy
681 Analysis ; the administration of the Medicaid program; the
682 administration of the contracts with the Florida Healthy Kids
683 Corporation; the certification of health maintenance
684 organizations and prepaid health clinics as set forth in part
685 III of chapter 641; and any other duties prescribed by statute
686 or agreement.
687 Section 9. Paragraph (c) of subsection (4) of section
688 381.026, Florida Statutes, is amended to read:
689 381.026 Florida Patient’s Bill of Rights and
691 (4) RIGHTS OF PATIENTS.—Each health care facility or
692 provider shall observe the following standards:
693 (c) Financial information and disclosure.—
694 1. A patient has the right to be given, upon request, by
695 the responsible provider, his or her designee, or a
696 representative of the health care facility full information and
697 necessary counseling on the availability of known financial
698 resources for the patient’s health care.
699 2. A health care provider or a health care facility shall,
700 upon request, disclose to each patient who is eligible for
701 Medicare, before treatment, whether the health care provider or
702 the health care facility in which the patient is receiving
703 medical services accepts assignment under Medicare reimbursement
704 as payment in full for medical services and treatment rendered
705 in the health care provider’s office or health care facility.
706 3. A primary care provider may publish a schedule of
707 charges for the medical services that the provider offers to
708 patients. The schedule must include the prices charged to an
709 uninsured person paying for such services by cash, check, credit
710 card, or debit card. The schedule must be posted in a
711 conspicuous place in the reception area of the provider’s office
712 and must include, but is not limited to, the 50 services most
713 frequently provided by the primary care provider. The schedule
714 may group services by three price levels, listing services in
715 each price level. The posting must be at least 15 square feet in
716 size. A primary care provider who publishes and maintains a
717 schedule of charges for medical services is exempt from the
718 license fee requirements for a single period of renewal of a
719 professional license under chapter 456 for that licensure term
720 and is exempt from the continuing education requirements of
721 chapter 456 and the rules implementing those requirements for a
722 single 2-year period.
723 4. If a primary care provider publishes a schedule of
724 charges pursuant to subparagraph 3., he or she shall must
725 continually post it at all times for the duration of active
726 licensure in this state when primary care services are provided
727 to patients. If a primary care provider fails to post the
728 schedule of charges in accordance with this subparagraph, the
729 provider shall be required to pay any license fee and comply
730 with any continuing education requirements for which an
731 exemption was received.
732 5. A health care provider or a health care facility shall,
733 upon request, furnish a person, before the provision of medical
734 services, a reasonable estimate of charges for such services.
735 The health care provider or the health care facility shall
736 provide an uninsured person, before the provision of a planned
737 nonemergency medical service, a reasonable estimate of charges
738 for such service and information regarding the provider’s or
739 facility’s discount or charity policies for which the uninsured
740 person may be eligible. Such estimates by a primary care
741 provider must be consistent with the schedule posted under
742 subparagraph 3. To the extent possible, estimates shall , to the
743 extent possible, be written in language comprehensible to an
744 ordinary layperson. Such reasonable estimate does not preclude
745 the health care provider or health care facility from exceeding
746 the estimate or making additional charges based on changes in
747 the patient’s condition or treatment needs.
748 6. Each licensed facility not operated by the state shall
749 make available to the public on its Internet website or by other
750 electronic means a description of and a link to the performance
751 outcome and financial data that is published by the agency
752 pursuant to s. 408.05(3)(k). The facility shall place in its
753 reception area a notice stating that the in the reception area
754 that such information is available electronically and providing
755 the facility’s website address. The licensed facility may
756 indicate that the pricing information is based on a compilation
757 of charges for the average patient and that each patient’s bill
758 may vary from the average depending upon the severity of illness
759 and individual resources consumed. The licensed facility may
760 also indicate that the price of service is negotiable for
761 eligible patients based upon the patient’s ability to pay.
762 7. A patient has the right to receive a copy of an itemized
763 bill and upon request. A patient has a right to be given an
764 explanation of charges upon request.
765 Section 10. Subsection (11) of section 395.301, Florida
766 Statutes, is amended to read:
767 395.301 Itemized patient bill; form and content prescribed
768 by the agency.—
769 (11) Each licensed facility shall make available on its
770 Internet website a link to the performance outcome and financial
771 data that is published by the Agency for Health Care
772 Administration pursuant to s. 408.05(3)(k). The facility shall
773 place in its reception area a notice stating in the reception
774 area that the information is available electronically and
775 providing the facility’s Internet website address.
776 Section 11. Paragraph (e) of subsection (2) of section
777 395.602, Florida Statutes, is amended to read:
778 395.602 Rural hospitals.—
779 (2) DEFINITIONS.—As used in this part:
780 (e) “Rural hospital” means an acute care hospital licensed
781 under this chapter, having 100 or fewer licensed beds and an
782 emergency room, which is:
783 1. The sole provider within a county with a population
784 density of no greater than 100 persons per square mile;
785 2. An acute care hospital, in a county with a population
786 density of no greater than 100 persons per square mile, which is
787 at least 30 minutes of travel time, on normally traveled roads
788 under normal traffic conditions, from any other acute care
789 hospital within the same county;
790 3. A hospital supported by a tax district or subdistrict
791 whose boundaries encompass a population of 100 persons or fewer
792 per square mile;
793 4. A hospital in a constitutional charter county with a
794 population of more than over 1 million persons that has imposed
795 a local option health service tax pursuant to law and in an area
796 that was directly impacted by a catastrophic event on August 24,
797 1992, for which the Governor of Florida declared a state of
798 emergency pursuant to chapter 125, and has 120 beds or less that
799 serves an agricultural community with an emergency room
800 utilization of no less than 20,000 visits and a Medicaid
801 inpatient utilization rate greater than 15 percent;
802 5. A hospital with a service area that has a population of
803 100 persons or fewer per square mile. As used in this
804 subparagraph, the term “service area” means the fewest number of
805 zip codes that account for 75 percent of the hospital’s
806 discharges for the most recent 5-year period, based on
807 information available from the agency’s hospital inpatient
808 discharge database in the Florida Center for Health Information
809 and Policy Analysis at the agency; or
810 6. A hospital designated as a critical access hospital, as
811 defined in s. 408.07.
813 Population densities used in this paragraph must be based upon
814 the most recently completed United States census. A hospital
815 that received funds under s. 409.9116 for a quarter beginning no
816 later than July 1, 2002, is deemed to have been and shall
817 continue to be a rural hospital from that date through June 30,
818 2015, if the hospital continues to have 100 or fewer licensed
819 beds and an emergency room, or meets the criteria of
820 subparagraph 4. An acute care hospital that has not previously
821 been designated as a rural hospital and that meets the criteria
822 of this paragraph shall be granted such designation upon
823 application, including supporting documentation, to the agency.
824 A hospital that was licensed as a rural hospital during the
825 2010-2011 or 2011-2012 fiscal year shall continue to be a rural
826 hospital from the date of designation through June 30, 2015, if
827 the hospital continues to have 100 or fewer licensed beds and an
828 emergency room.
829 Section 12. Section 395.6025, Florida Statutes, is amended
830 to read:
831 395.6025 Rural hospital replacement facilities.
832 Notwithstanding the provisions of s. 408.036, a hospital defined
833 as a statutory rural hospital in accordance with s. 395.602, or
834 a not-for-profit operator of rural hospitals, is not required to
835 obtain a certificate of need for the construction of a new
836 hospital located in a county with a population of at least
837 15,000 but no more than 18,000 and a density of less than 30
838 persons per square mile, or a replacement facility, if provided
839 that the replacement, or new, facility is located within 10
840 miles of the site of the currently licensed rural hospital and
841 within the current primary service area. As used in this
842 section, the term “service area” means the fewest number of zip
843 codes that account for 75 percent of the hospital’s discharges
844 for the most recent 5-year period, based on information
845 available from the Agency for Health Care Administration’s
846 hospital inpatient discharge database in the Florida Center for
847 Health Information and Policy Analysis at the Agency for Health
848 Care Administration.
849 Section 13. Subsection (43) of section 408.07, Florida
850 Statutes, is amended to read:
851 408.07 Definitions.—As used in this chapter, with the
852 exception of ss. 408.031-408.045, the term:
853 (43) “Rural hospital” means an acute care hospital licensed
854 under chapter 395, having 100 or fewer licensed beds and an
855 emergency room, and which is:
856 (a) The sole provider within a county with a population
857 density of no greater than 100 persons per square mile;
858 (b) An acute care hospital, in a county with a population
859 density of no greater than 100 persons per square mile, which is
860 at least 30 minutes of travel time, on normally traveled roads
861 under normal traffic conditions, from another acute care
862 hospital within the same county;
863 (c) A hospital supported by a tax district or subdistrict
864 whose boundaries encompass a population of 100 persons or fewer
865 per square mile;
866 (d) A hospital with a service area that has a population of
867 100 persons or fewer per square mile. As used in this paragraph,
868 the term “service area” means the fewest number of zip codes
869 that account for 75 percent of the hospital’s discharges for the
870 most recent 5-year period, based on information available from
871 the Agency for Health Care Administration’s hospital inpatient
872 discharge database in the Florida Center for Health Information
873 and Policy Analysis at the Agency for Health Care
874 Administration; or
875 (e) A critical access hospital.
877 Population densities used in this subsection must be based upon
878 the most recently completed United States census. A hospital
879 that received funds under s. 409.9116 for a quarter beginning no
880 later than July 1, 2002, is deemed to have been and shall
881 continue to be a rural hospital from that date through June 30,
882 2015, if the hospital continues to have 100 or fewer licensed
883 beds and an emergency room, or meets the criteria of s.
884 395.602(2)(e)4. An acute care hospital that has not previously
885 been designated as a rural hospital and that meets the criteria
886 of this subsection shall be granted such designation upon
887 application, including supporting documentation, to the Agency
888 for Health Care Administration.
889 Section 14. Paragraph (a) of subsection (4) of section
890 408.18, Florida Statutes, is amended to read:
891 408.18 Health Care Community Antitrust Guidance Act;
892 antitrust no-action letter; market-information collection and
894 (4)(a) Members of the health care community who seek
895 antitrust guidance may request a review of their proposed
896 business activity by the Attorney General’s office. In
897 conducting its review, the Attorney General’s office may seek
898 whatever documentation, data, or other material it deems
899 necessary from the Agency for Health Care Administration , the
900 Florida Center for Health Information and Policy Analysis , and
901 the Office of Insurance Regulation of the Financial Services
903 Section 15. Section 465.0244, Florida Statutes, is amended
904 to read:
905 465.0244 Information disclosure.—Every pharmacy shall make
906 available on its Internet website a link to the performance
907 outcome and financial data that is published by the Agency for
908 Health Care Administration pursuant to s. 408.05(3)(k) and shall
909 place in the area where customers receive filled prescriptions
910 notice that such information is available electronically and the
911 address of its Internet website.
912 Section 16. Subsection (2) of section 627.6499, Florida
913 Statutes, is amended to read:
914 627.6499 Reporting by insurers and third-party
916 (2) Each health insurance issuer shall make available on
917 its Internet website a link to the performance outcome and
918 financial data that is published by the Agency for Health Care
919 Administration pursuant to s. 408.05(3)(k) and shall include in
920 every policy delivered or issued for delivery to any person in
921 the state or any materials provided as required by s. 627.64725
922 notice that such information is available electronically and the
923 address of its Internet website.
924 Section 17. Subsection (7) of section 641.54, Florida
925 Statutes, is amended to read:
926 641.54 Information disclosure.—
927 (7) Each health maintenance organization shall make
928 available on its Internet website a link to the performance
929 outcome and financial data that is published by the Agency for
930 Health Care Administration pursuant to s. 408.05(3)(k) and shall
931 include in every policy delivered or issued for delivery to any
932 person in the state or any materials provided as required by s.
933 627.64725 notice that such information is available
934 electronically and the address of its Internet website.
935 Section 18. This act shall take effect July 1, 2014.