Florida Senate - 2014 CS for CS for SB 782
By the Committees on Appropriations; and Governmental Oversight
and Accountability; and Senators Brandes and Sobel
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 appropriations;
56 providing an effective date.
58 Be It Enacted by the Legislature of the State of Florida:
60 Section 1. Subsection (6) of section 257.36, Florida
61 Statutes, is amended to read:
62 257.36 Records and information management.—
63 (6) A public record may be destroyed or otherwise disposed
64 of only in accordance with retention schedules established by
65 the division. The division shall adopt
66 consistent not inconsistent with this chapter which are shall be
67 binding on all agencies relating to the destruction and
68 disposition of records. Such rules must shall provide, but need
69 not be limited to:
70 (a) Procedures for complying and submitting to the division
71 records-retention schedules.
72 (b) Procedures for the physical destruction or other
73 disposal of records.
74 (c) Procedures for an agency to establish schedules for the
75 physical destruction or other disposal of records held by the
76 agency which contain personal identification information, as
77 defined in s. 282.801, after meeting retention requirements.
78 Unless otherwise required by law, an agency may indefinitely
79 retain records containing information that is not identifiable
80 as related to a unique individual.
81 (d) (c) Standards for the reproduction of records for
82 security or with a view to the disposal of the original record.
83 Section 2. Part IV of chapter 282, Florida Statutes,
84 consisting of section 282.801, Florida Statutes, is created to
86 PART IV
87 GOVERNMENT DATA COLLECTION PRACTICES
88 282.801 Government data practices.—
89 (1) For purposes of this part, the term:
90 (a) “Agency” has the same meaning as in s. 119.011.
91 (b) “Cookie” means data sent from a website which is
92 electronically installed on a computer or electronic device of
93 an individual who has accessed the website and transmits certain
94 information to the server of that website.
95 (c) “Individual” means a human being and does not include a
96 corporation, a partnership, or any other business entity.
97 (d) “Personal identification information” means an item,
98 collection, or grouping of information that may be used, alone
99 or in conjunction with other information, to identify a unique
100 individual, including, but not limited to, his or her:
101 1. Name;
102 2. Postal or e-mail address;
103 3. Telephone number;
104 4. Social security number;
105 5. Date of birth;
106 6. Mother’s maiden name;
107 7. Official state-issued or United States-issued driver
108 license or identification number, alien registration number,
109 government passport number, employer or taxpayer identification
110 number, or Medicaid or food assistance account number;
111 8. Bank account number, credit or debit card number, or
112 other number or information that can be used to access an
113 individual’s financial resources;
114 9. Educational records;
115 10. Medical records;
116 11. License plate number of a registered motor vehicle;
117 12. Images, including facial images;
118 13. Biometric identification information;
119 14. Criminal history; or
120 15. Employment history.
121 (2) An agency that collects personal identification
122 information through a website and retains such information shall
125 (a) A description of the services the website provides.
126 (b) A description of the personal identification
127 information that the agency collects and maintains from an
128 individual accessing or using the website.
129 (c) An explanation of whether the agency’s data collecting
130 and sharing practices are mandatory or allow a user to opt out
131 of those practices.
132 (d) Any available alternatives to using the website.
133 (e) A statement as to how the agency uses the personal
134 identification information, including, but not limited to,
135 whether and under what circumstances the agency discloses such
137 (f) Whether any other person, as defined in s. 671.201,
138 collects personal identification information through the
140 (g) A general description of the security measures in place
141 to protect personal identification information; however, such
142 description must not compromise the integrity of the security
144 (h) An explanation of public records requirements relating
145 to the personal identification information of an individual
146 using the website and if such information may be disclosed in
147 response to a public records request.
148 (3)(a) An agency that uses a website to install a cookie on
149 an individual’s computer or electronic device shall inform an
151 request permission to install a cookie on the individual’s
153 (b) If an individual accessing the website of an agency
154 declines to have cookies installed, such individual shall still
155 be allowed to access and use the website.
156 (c) This subsection does not apply to a cookie temporarily
157 installed on an individual’s computer or electronic device by an
158 agency if the cookie is installed only in the computer’s or
159 electronic device’s memory and is deleted from such memory when
160 the website browser or website application is closed.
161 (4) Any contract between a public agency and a contractor,
162 as those terms are defined in s. 119.0701, must specify that the
163 contractor must comply with the requirements in subsections (2)
164 and (3) for applicable services the contractor performs for the
165 public agency, except that subsections (2) and (3) do not apply
166 to a contractor that provides a service to a public agency which
167 is limited to administering, facilitating, processing, or
168 enforcing a financial transaction initiated by an individual
169 with no direct relationship with the contractor.
170 (5) The failure of an agency to comply with this section
171 does not create a civil cause of action.
172 Section 3. The Office of Program Policy Analysis and
173 Government Accountability shall submit a report to the President
174 of the Senate and the Speaker of the House of Representatives by
175 July 1, 2015, which:
176 (1) Identifies personal identification information, as
177 defined in s. 282.801, Florida Statutes, and the records in
178 which such information is contained, held by a state agency. For
179 purposes of this section, the term “state agency” has the same
180 meaning as in s. 216.011(1)(qq), but does not include state
181 attorneys, public defenders, criminal conflict and civil
182 regional counsel, capital collateral regional counsel, the
183 Justice Administrative Commission, the Florida Housing Finance
184 Corporation, the Florida Public Service Commission, and the
185 judicial branch.
186 (2) Describes the processes by which an individual may
187 currently view and verify his or her personal identification
188 information held by an agency, including how an individual may
189 request the correction of incorrect personal identification
191 (3) Identifies any obstacles that inhibit an individual’s
192 access to such records.
193 Section 4. Section 429.55, Florida Statutes, is created to
195 429.55 Public access to data; comment page.—
196 (1) By November 1, 2014, the agency shall provide,
197 maintain, and update at least quarterly, electronically
198 accessible data on assisted living facilities. Such data must be
199 searchable, downloadable, and available in generally accepted
200 formats. At a minimum, such data must include:
201 (a) Information on each assisted living facility licensed
202 under this part, including:
203 1. The name and address of the facility.
204 2. The number and type of licensed beds in the facility.
205 3. The types of licenses held by the facility.
206 4. The facility’s license expiration date and status.
207 5. Other relevant information that the agency currently
209 (b) A list of the facility’s violations, including, for
210 each violation:
211 1. A summary of the violation presented in a manner
212 understandable by the general public;
213 2. Any sanctions imposed by final order; and
214 3. The date the corrective action was confirmed by the
216 (c) Links to inspection reports on file with the agency.
217 (2)(a) The agency may provide a monitored comment webpage
218 that allows members of the public to comment on specific
219 assisted living facilities licensed to operate in this state. At
220 a minimum, the comment webpage must allow members of the public
221 to identify themselves, provide comments on their experiences
222 with, or observations of, an assisted living facility, and view
223 others’ comments.
224 (b) The agency shall review comments for profanities and
225 redact any profanities before posting the comments to the
226 webpage. After redacting any profanities, the agency shall post
227 all comments, and shall retain all comments as they were
228 originally submitted, which are subject to the requirements of
229 chapter 119, Florida Statutes, and which shall be retained by
230 the agency for inspection by the public without further
231 redaction pursuant to retention schedules and disposal processes
232 for such records.
233 (c) A controlling interest, as defined in s. 408.803,
234 Florida Statutes, in an assisted living facility, or an employee
235 or owner of an assisted living facility, is prohibited from
236 posting comments on the page. A controlling interest, employee,
237 or owner may respond to comments on the page, and the agency
238 shall ensure that such responses are identified as being from a
239 representative of the facility.
240 (3) The agency may provide links to third-party websites
241 that use the data published pursuant to this section to assist
242 consumers in evaluating the quality of care and service in
243 assisted living facilities.
244 (4) The agency may adopt rules to administer this section.
245 Section 5. Section 408.05, Florida Statutes, is amended to
247 408.05 Florida Health Information Transparency Initiative
248 Center for Health Information and Policy Analysis.—
249 (1) CREATION AND PURPOSE ESTABLISHMENT.—The agency shall
250 create a comprehensive health information system to promote
251 accessibility, transparency, and utility of state-collected data
252 and information about health providers, facilities, services,
253 and payment sources. The agency is responsible for making state
254 collected health data available in a manner that allows for and
255 encourages multiple and innovative uses of data sets. Subject to
256 funding by the General Appropriations Act, the agency shall
257 develop and deploy, through a contract award with one or more
258 vendors or internal development, new methods of dissemination
259 and ways to convert data into easily usable electronic formats
260 establish a Florida Center for Health Information and Policy
261 Analysis. The center shall establish a comprehensive health
262 information system to provide for the collection, compilation,
263 coordination, analysis, indexing, dissemination, and utilization
264 of both purposefully collected and extant health-related data
265 and statistics. The center shall be staffed with public health
266 experts, biostatisticians, information system analysts, health
267 policy experts, economists, and other staff necessary to carry
268 out its functions.
269 (2) HEALTH-RELATED DATA.—The comprehensive health
270 information system must include the following data and
271 information operated by the Florida Center for Health
272 Information and Policy Analysis shall identify the best
273 available data sources and coordinate the compilation of extant
274 health-related data and statistics and purposefully collect data
276 (a) The extent and nature of illness and disability of the
277 state population, including life expectancy, the incidence of
278 various acute and chronic illnesses, and infant and maternal
279 morbidity and mortality.
280 (b) The impact of illness and disability of the state
281 population on the state economy and on other aspects of the
282 well-being of the people in this state.
283 (c) Environmental, social, and other health hazards.
284 (d) Health knowledge and practices of the people in this
285 state and determinants of health and nutritional practices and
287 (a) (e) Health resources, including licensed health
288 professionals, licensed health care facilities, managed care
289 organizations, and other health services regulated or funded by
290 the state physicians, dentists, nurses, and other health
291 professionals, by specialty and type of practice and acute,
292 long-term care and other institutional care facility supplies
293 and specific services provided by hospitals, nursing homes, home
294 health agencies, and other health care facilities.
295 (b) (f) Utilization of health resources care by type of
297 (c) (g) Health care costs and financing, including Medicaid
298 claims and encounter data and data from other public and private
299 payors trends in health care prices and costs, the sources of
300 payment for health care services, and federal, state, and local
301 expenditures for health care.
302 (h) Family formation, growth, and dissolution.
303 (d) (i) The extent, source, and type of public and private
304 health insurance coverage in this state.
305 (e) (j) The data necessary for measuring value and quality
306 of care provided by various health care providers, including
307 applicable credentials, accreditation status, use, revenues and
308 expenses, outcomes, site visits, and other regulatory reports,
309 and the results of administrative and civil litigation related
310 to health care.
311 (3) COORDINATION COMPREHENSIVE HEALTH INFORMATION SYSTEM.
312 In order to collect comprehensive produce comparable and uniform
313 health information and statistics and to disseminate such
314 information to for the public, as well as for the development of
315 policy recommendations, the agency shall perform the following
317 (a) Collect and compile data from all agencies and programs
318 that provide, regulate, and pay for health services Coordinate
319 the activities of state agencies involved in the design and
320 implementation of the comprehensive health information system.
321 (b) Promote data sharing through the Undertake research,
322 development, dissemination, and evaluation of state-collected
323 health data and by making such data available, transferable, and
324 readily usable respecting the comprehensive health information
326 (c) Review the statistical activities of state agencies to
327 ensure that they are consistent with the comprehensive health
328 information system.
329 (c) (d) Develop written agreements with local, state, and
330 federal agencies for the sharing of health-care-related data or
331 using the facilities and services of such agencies. State
332 agencies, local health councils, and other agencies under state
333 contract shall assist the agency center in obtaining, compiling,
334 and transferring health-care-related data maintained by state
335 and local agencies. Written agreements must specify the types,
336 methods, and periodicity of data exchanges and specify the types
337 of data that will be transferred to the center.
338 (d) (e) Enable and facilitate the sharing and use of all
339 state-collected health data to the maximum extent allowed by law
340 Establish by rule the types of data collected, compiled,
341 processed, used, or shared. Decisions regarding center data sets
342 should be made based on consultation with the State Consumer
343 Health Information and Policy Advisory Council and other public
344 and private users regarding the types of data which should be
345 collected and their uses. The center shall establish
346 standardized means for collecting health information and
347 statistics under laws and rules administered by the agency.
348 (f) Establish minimum health-care-related data sets which
349 are necessary on a continuing basis to fulfill the collection
350 requirements of the center and which shall be used by state
351 agencies in collecting and compiling health-care-related data.
352 The agency shall periodically review ongoing health care data
353 collections of the Department of Health and other state agencies
354 to determine if the collections are being conducted in
355 accordance with the established minimum sets of data.
356 (g) Establish advisory standards to ensure the quality of
357 health statistical and epidemiological data collection,
358 processing, and analysis by local, state, and private
360 (e) (h) Monitor data collection procedures, test data
361 quality, and take such corrective actions as are necessary to
362 ensure that data and information disseminated under the
363 initiative are accurate, valid, reliable, and complete Prescribe
364 standards for the publication of health-care-related data
365 reported pursuant to this section which ensure the reporting of
366 accurate, valid, reliable, complete, and comparable data. Such
367 standards should include advisory warnings to users of the data
368 regarding the status and quality of any data reported by or
369 available from the center .
370 (f) (i) Initiate and maintain activities necessary to
371 collect, edit, verify, archive, and retrieve data compiled
372 pursuant to this section Prescribe standards for the maintenance
373 and preservation of the center’s data. This should include
374 methods for archiving data, retrieval of archived data, and data
375 editing and verification .
376 (j) Ensure that strict quality control measures are
377 maintained for the dissemination of data through publications,
378 studies, or user requests.
379 (k) Develop, in conjunction with the State Consumer Health
380 Information and Policy Advisory Council, and implement a long
381 range plan for making available health care quality measures and
382 financial data that will allow consumers to compare health care
383 services. The health care quality measures and financial data
384 the agency must make available include, but are not limited to,
385 pharmaceuticals, physicians, health care facilities, and health
386 plans and managed care entities. The agency shall update the
387 plan and report on the status of its implementation annually.
388 The agency shall also make the plan and status report available
389 to the public on its Internet website. As part of the plan, the
390 agency shall identify the process and timeframes for
391 implementation, barriers to implementation, and recommendations
392 of changes in the law that may be enacted by the Legislature to
393 eliminate the barriers. As preliminary elements of the plan, the
394 agency shall:
395 1. Make available patient-safety indicators, inpatient
396 quality indicators, and performance outcome and patient charge
397 data collected from health care facilities pursuant to s.
398 408.061(1)(a) and (2). The terms “patient-safety indicators” and
399 “inpatient quality indicators” have the same meaning as that
400 ascribed by the Centers for Medicare and Medicaid Services, an
401 accrediting organization whose standards incorporate comparable
402 regulations required by this state, or a national entity that
403 establishes standards to measure the performance of health care
404 providers, or by other states. The agency shall determine which
405 conditions, procedures, health care quality measures, and
406 patient charge data to disclose based upon input from the
407 council. When determining which conditions and procedures are to
408 be disclosed, the council and the agency shall consider
409 variation in costs, variation in outcomes, and magnitude of
410 variations and other relevant information. When determining
411 which health care quality measures to disclose, the agency:
412 a. Shall consider such factors as volume of cases; average
413 patient charges; average length of stay; complication rates;
414 mortality rates; and infection rates, among others, which shall
415 be adjusted for case mix and severity, if applicable.
416 b. May consider such additional measures that are adopted
417 by the Centers for Medicare and Medicaid Studies, an accrediting
418 organization whose standards incorporate comparable regulations
419 required by this state, the National Quality Forum, the Joint
420 Commission on Accreditation of Healthcare Organizations, the
421 Agency for Healthcare Research and Quality, the Centers for
422 Disease Control and Prevention, or a similar national entity
423 that establishes standards to measure the performance of health
424 care providers, or by other states.
426 When determining which patient charge data to disclose, the
427 agency shall include such measures as the average of
428 undiscounted charges on frequently performed procedures and
429 preventive diagnostic procedures, the range of procedure charges
430 from highest to lowest, average net revenue per adjusted patient
431 day, average cost per adjusted patient day, and average cost per
432 admission, among others.
433 2. Make available performance measures, benefit design, and
434 premium cost data from health plans licensed pursuant to chapter
435 627 or chapter 641. The agency shall determine which health care
436 quality measures and member and subscriber cost data to
437 disclose, based upon input from the council. When determining
438 which data to disclose, the agency shall consider information
439 that may be required by either individual or group purchasers to
440 assess the value of the product, which may include membership
441 satisfaction, quality of care, current enrollment or membership,
442 coverage areas, accreditation status, premium costs, plan costs,
443 premium increases, range of benefits, copayments and
444 deductibles, accuracy and speed of claims payment, credentials
445 of physicians, number of providers, names of network providers,
446 and hospitals in the network. Health plans shall make available
447 to the agency such data or information that is not currently
448 reported to the agency or the office.
449 3. Determine the method and format for public disclosure of
450 data reported pursuant to this paragraph. The agency shall make
451 its determination based upon input from the State Consumer
452 Health Information and Policy Advisory Council. At a minimum,
453 the data shall be made available on the agency’s Internet
454 website in a manner that allows consumers to conduct an
455 interactive search that allows them to view and compare the
456 information for specific providers. The website must include
457 such additional information as is determined necessary to ensure
458 that the website enhances informed decisionmaking among
459 consumers and health care purchasers, which shall include, at a
460 minimum, appropriate guidance on how to use the data and an
461 explanation of why the data may vary from provider to provider.
462 4. Publish on its website undiscounted charges for no fewer
463 than 150 of the most commonly performed adult and pediatric
464 procedures, including outpatient, inpatient, diagnostic, and
465 preventative procedures.
466 (4) TECHNICAL ASSISTANCE.—
467 (a) The center shall provide technical assistance to
468 persons or organizations engaged in health planning activities
469 in the effective use of statistics collected and compiled by the
470 center. The center shall also provide the following additional
471 technical assistance services:
472 1. Establish procedures identifying the circumstances under
473 which, the places at which, the persons from whom, and the
474 methods by which a person may secure data from the center,
475 including procedures governing requests, the ordering of
476 requests, timeframes for handling requests, and other procedures
477 necessary to facilitate the use of the center’s data. To the
478 extent possible, the center should provide current data timely
479 in response to requests from public or private agencies.
480 2. Provide assistance to data sources and users in the
481 areas of database design, survey design, sampling procedures,
482 statistical interpretation, and data access to promote improved
483 health-care-related data sets.
484 3. Identify health care data gaps and provide technical
485 assistance to other public or private organizations for meeting
486 documented health care data needs.
487 4. Assist other organizations in developing statistical
488 abstracts of their data sets that could be used by the center.
489 5. Provide statistical support to state agencies with
490 regard to the use of databases maintained by the center.
491 6. To the extent possible, respond to multiple requests for
492 information not currently collected by the center or available
493 from other sources by initiating data collection.
494 7. Maintain detailed information on data maintained by
495 other local, state, federal, and private agencies in order to
496 advise those who use the center of potential sources of data
497 which are requested but which are not available from the center.
498 8. Respond to requests for data which are not available in
499 published form by initiating special computer runs on data sets
500 available to the center.
501 9. Monitor innovations in health information technology,
502 informatics, and the exchange of health information and maintain
503 a repository of technical resources to support the development
504 of a health information network.
505 (b) The agency shall administer, manage, and monitor grants
506 to not-for-profit organizations, regional health information
507 organizations, public health departments, or state agencies that
508 submit proposals for planning, implementation, or training
509 projects to advance the development of a health information
510 network. Any grant contract shall be evaluated to ensure the
511 effective outcome of the health information project.
512 (c) The agency shall initiate, oversee, manage, and
513 evaluate the integration of health care data from each state
514 agency that collects, stores, and reports on health care issues
515 and make that data available to any health care practitioner
516 through a state health information network.
517 (5) PUBLICATIONS; REPORTS; SPECIAL STUDIES.—The center
518 shall provide for the widespread dissemination of data which it
519 collects and analyzes. The center shall have the following
520 publication, reporting, and special study functions:
521 (a) The center shall publish and make available
522 periodically to agencies and individuals health statistics
523 publications of general interest, including health plan consumer
524 reports and health maintenance organization member satisfaction
525 surveys; publications providing health statistics on topical
526 health policy issues; publications that provide health status
527 profiles of the people in this state; and other topical health
528 statistics publications.
529 (b) The center shall publish, make available, and
530 disseminate, promptly and as widely as practicable, the results
531 of special health surveys, health care research, and health care
532 evaluations conducted or supported under this section. Any
533 publication by the center must include a statement of the
534 limitations on the quality, accuracy, and completeness of the
536 (c) The center shall provide indexing, abstracting,
537 translation, publication, and other services leading to a more
538 effective and timely dissemination of health care statistics.
539 (d) The center shall be responsible for publishing and
540 disseminating an annual report on the center’s activities.
541 (e) The center shall be responsible, to the extent
542 resources are available, for conducting a variety of special
543 studies and surveys to expand the health care information and
544 statistics available for health policy analyses, particularly
545 for the review of public policy issues. The center shall develop
546 a process by which users of the center’s data are periodically
547 surveyed regarding critical data needs and the results of the
548 survey considered in determining which special surveys or
549 studies will be conducted. The center shall select problems in
550 health care for research, policy analyses, or special data
551 collections on the basis of their local, regional, or state
552 importance; the unique potential for definitive research on the
553 problem; and opportunities for application of the study
555 (4) (6) PROVIDER DATA REPORTING.—This section does not
556 confer on the agency the power to demand or require that a
557 health care provider or professional furnish information,
558 records of interviews, written reports, statements, notes,
559 memoranda, or data other than as expressly required by law.
560 (5) (7) HEALTH INFORMATION ENTERPRISE BUDGET; FEES.—
561 (a) The agency shall implement the comprehensive health
562 information system in a manner that recognizes state-collected
563 data as an asset and rewards taxpayer investment in information
564 collection and management Legislature intends that funding for
565 the Florida Center for Health Information and Policy Analysis be
566 appropriated from the General Revenue Fund.
567 (b) The agency Florida Center for Health Information and
568 Policy Analysis may apply for, and receive, and accept grants,
569 gifts, and other payments, including property and services, from
570 a any governmental or other public or private entity or person
571 and make arrangements for as to the use of such funds same,
572 including the undertaking of special studies and other projects
573 relating to health-care-related topics. Funds obtained pursuant
574 to this paragraph may not be used to offset annual
575 appropriations from the General Revenue Fund.
576 (c) The agency shall ensure that a vendor who enters into a
577 contract with the state under this section does not inhibit or
578 impede public access to state-collected health data and
579 information center may charge such reasonable fees for services
580 as the agency prescribes by rule. The established fees may not
581 exceed the reasonable cost for such services. Fees collected may
582 not be used to offset annual appropriations from the General
583 Revenue Fund .
584 (8) STATE CONSUMER HEALTH INFORMATION AND POLICY ADVISORY
586 (a) There is established in the agency the State Consumer
587 Health Information and Policy Advisory Council to assist the
588 center in reviewing the comprehensive health information system,
589 including the identification, collection, standardization,
590 sharing, and coordination of health-related data, fraud and
591 abuse data, and professional and facility licensing data among
592 federal, state, local, and private entities and to recommend
593 improvements for purposes of public health, policy analysis, and
594 transparency of consumer health care information. The council
595 shall consist of the following members:
596 1. An employee of the Executive Office of the Governor, to
597 be appointed by the Governor.
598 2. An employee of the Office of Insurance Regulation, to be
599 appointed by the director of the office.
600 3. An employee of the Department of Education, to be
601 appointed by the Commissioner of Education.
602 4. Ten persons, to be appointed by the Secretary of Health
603 Care Administration, representing other state and local
604 agencies, state universities, business and health coalitions,
605 local health councils, professional health-care-related
606 associations, consumers, and purchasers.
607 (b) Each member of the council shall be appointed to serve
608 for a term of 2 years following the date of appointment, except
609 the term of appointment shall end 3 years following the date of
610 appointment for members appointed in 2003, 2004, and 2005. A
611 vacancy shall be filled by appointment for the remainder of the
612 term, and each appointing authority retains the right to
613 reappoint members whose terms of appointment have expired.
614 (c) The council may meet at the call of its chair, at the
615 request of the agency, or at the request of a majority of its
616 membership, but the council must meet at least quarterly.
617 (d) Members shall elect a chair and vice chair annually.
618 (e) A majority of the members constitutes a quorum, and the
619 affirmative vote of a majority of a quorum is necessary to take
621 (f) The council shall maintain minutes of each meeting and
622 shall make such minutes available to any person.
623 (g) Members of the council shall serve without compensation
624 but shall be entitled to receive reimbursement for per diem and
625 travel expenses as provided in s. 112.061.
626 (h) The council’s duties and responsibilities include, but
627 are not limited to, the following:
628 1. To develop a mission statement, goals, and a plan of
629 action for the identification, collection, standardization,
630 sharing, and coordination of health-related data across federal,
631 state, and local government and private sector entities.
632 2. To develop a review process to ensure cooperative
633 planning among agencies that collect or maintain health-related
635 3. To create ad hoc issue-oriented technical workgroups on
636 an as-needed basis to make recommendations to the council.
637 (9) APPLICATION TO OTHER AGENCIES.—Nothing in this section
638 shall limit, restrict, affect, or control the collection,
639 analysis, release, or publication of data by any state agency
640 pursuant to its statutory authority, duties, or
642 Section 6. The Office of Program Policy Analysis and
643 Government Accountability (OPPAGA) shall monitor the Agency for
644 Health Care Administration’s implementation of s. 408.05,
645 Florida Statutes, as amended by this act. No later than 1 year
646 after the agency completes implementation, OPPAGA shall provide
647 a report to the President of the Senate and the Speaker of the
648 House of Representatives containing recommendations regarding
649 the application of data practices made pursuant to s. 408.05,
650 Florida Statutes, to other executive branch agencies.
651 Section 7. For the purpose of incorporating the amendment
652 made by this act to section 257.36, Florida Statutes, in a
653 reference thereto, subsection (8) of section 120.54, Florida
654 Statutes, is reenacted to read:
655 120.54 Rulemaking.—
656 (8) RULEMAKING RECORD.—In all rulemaking proceedings the
657 agency shall compile a rulemaking record. The record shall
658 include, if applicable, copies of:
659 (a) All notices given for the proposed rule.
660 (b) Any statement of estimated regulatory costs for the
662 (c) A written summary of hearings on the proposed rule.
663 (d) The written comments and responses to written comments
664 as required by this section and s. 120.541.
665 (e) All notices and findings made under subsection (4).
666 (f) All materials filed by the agency with the committee
667 under subsection (3).
668 (g) All materials filed with the Department of State under
669 subsection (3).
670 (h) All written inquiries from standing committees of the
671 Legislature concerning the rule.
673 Each state agency shall retain the record of rulemaking as long
674 as the rule is in effect. When a rule is no longer in effect,
675 the record may be destroyed pursuant to the records-retention
676 schedule developed under s. 257.36(6).
677 Section 8. Subsection (3) of section 20.42, Florida
678 Statutes, is amended to read:
679 20.42 Agency for Health Care Administration.—
680 (3) The department is shall be the chief health policy and
681 planning entity for the state. The department is responsible for
682 health facility licensure, inspection, and regulatory
683 enforcement; investigation of consumer complaints related to
684 health care facilities and managed care plans; the
685 implementation of the certificate of need program; the operation
686 of the Florida Center for Health Information and Policy
687 Analysis ; the administration of the Medicaid program; the
688 administration of the contracts with the Florida Healthy Kids
689 Corporation; the certification of health maintenance
690 organizations and prepaid health clinics as set forth in part
691 III of chapter 641; and any other duties prescribed by statute
692 or agreement.
693 Section 9. Paragraph (c) of subsection (4) of section
694 381.026, Florida Statutes, is amended to read:
695 381.026 Florida Patient’s Bill of Rights and
697 (4) RIGHTS OF PATIENTS.—Each health care facility or
698 provider shall observe the following standards:
699 (c) Financial information and disclosure.—
700 1. A patient has the right to be given, upon request, by
701 the responsible provider, his or her designee, or a
702 representative of the health care facility full information and
703 necessary counseling on the availability of known financial
704 resources for the patient’s health care.
705 2. A health care provider or a health care facility shall,
706 upon request, disclose to each patient who is eligible for
707 Medicare, before treatment, whether the health care provider or
708 the health care facility in which the patient is receiving
709 medical services accepts assignment under Medicare reimbursement
710 as payment in full for medical services and treatment rendered
711 in the health care provider’s office or health care facility.
712 3. A primary care provider may publish a schedule of
713 charges for the medical services that the provider offers to
714 patients. The schedule must include the prices charged to an
715 uninsured person paying for such services by cash, check, credit
716 card, or debit card. The schedule must be posted in a
717 conspicuous place in the reception area of the provider’s office
718 and must include, but is not limited to, the 50 services most
719 frequently provided by the primary care provider. The schedule
720 may group services by three price levels, listing services in
721 each price level. The posting must be at least 15 square feet in
722 size. A primary care provider who publishes and maintains a
723 schedule of charges for medical services is exempt from the
724 license fee requirements for a single period of renewal of a
725 professional license under chapter 456 for that licensure term
726 and is exempt from the continuing education requirements of
727 chapter 456 and the rules implementing those requirements for a
728 single 2-year period.
729 4. If a primary care provider publishes a schedule of
730 charges pursuant to subparagraph 3., he or she shall must
731 continually post it at all times for the duration of active
732 licensure in this state when primary care services are provided
733 to patients. If a primary care provider fails to post the
734 schedule of charges in accordance with this subparagraph, the
735 provider shall be required to pay any license fee and comply
736 with any continuing education requirements for which an
737 exemption was received.
738 5. A health care provider or a health care facility shall,
739 upon request, furnish a person, before the provision of medical
740 services, a reasonable estimate of charges for such services.
741 The health care provider or the health care facility shall
742 provide an uninsured person, before the provision of a planned
743 nonemergency medical service, a reasonable estimate of charges
744 for such service and information regarding the provider’s or
745 facility’s discount or charity policies for which the uninsured
746 person may be eligible. Such estimates by a primary care
747 provider must be consistent with the schedule posted under
748 subparagraph 3. To the extent possible, estimates shall , to the
749 extent possible, be written in language comprehensible to an
750 ordinary layperson. Such reasonable estimate does not preclude
751 the health care provider or health care facility from exceeding
752 the estimate or making additional charges based on changes in
753 the patient’s condition or treatment needs.
754 6. Each licensed facility not operated by the state shall
755 make available to the public on its Internet website or by other
756 electronic means a description of and a link to the performance
757 outcome and financial data that is published by the agency
758 pursuant to s. 408.05(3)(k). The facility shall place in its
759 reception area a notice stating that the in the reception area
760 that such information is available electronically and providing
761 the facility’s website address. The licensed facility may
762 indicate that the pricing information is based on a compilation
763 of charges for the average patient and that each patient’s bill
764 may vary from the average depending upon the severity of illness
765 and individual resources consumed. The licensed facility may
766 also indicate that the price of service is negotiable for
767 eligible patients based upon the patient’s ability to pay.
768 7. A patient has the right to receive a copy of an itemized
769 bill and upon request. A patient has a right to be given an
770 explanation of charges upon request.
771 Section 10. Subsection (11) of section 395.301, Florida
772 Statutes, is amended to read:
773 395.301 Itemized patient bill; form and content prescribed
774 by the agency.—
775 (11) Each licensed facility shall make available on its
776 Internet website a link to the performance outcome and financial
777 data that is published by the Agency for Health Care
778 Administration pursuant to s. 408.05(3)(k). The facility shall
779 place in its reception area a notice stating in the reception
780 area that the information is available electronically and
781 providing the facility’s Internet website address.
782 Section 11. Paragraph (e) of subsection (2) of section
783 395.602, Florida Statutes, is amended to read:
784 395.602 Rural hospitals.—
785 (2) DEFINITIONS.—As used in this part:
786 (e) “Rural hospital” means an acute care hospital licensed
787 under this chapter, having 100 or fewer licensed beds and an
788 emergency room, which is:
789 1. The sole provider within a county with a population
790 density of no greater than 100 persons per square mile;
791 2. An acute care hospital, in a county with a population
792 density of no greater than 100 persons per square mile, which is
793 at least 30 minutes of travel time, on normally traveled roads
794 under normal traffic conditions, from any other acute care
795 hospital within the same county;
796 3. A hospital supported by a tax district or subdistrict
797 whose boundaries encompass a population of 100 persons or fewer
798 per square mile;
799 4. A hospital in a constitutional charter county with a
800 population of more than over 1 million persons that has imposed
801 a local option health service tax pursuant to law and in an area
802 that was directly impacted by a catastrophic event on August 24,
803 1992, for which the Governor of Florida declared a state of
804 emergency pursuant to chapter 125, and has 120 beds or less that
805 serves an agricultural community with an emergency room
806 utilization of no less than 20,000 visits and a Medicaid
807 inpatient utilization rate greater than 15 percent;
808 5. A hospital with a service area that has a population of
809 100 persons or fewer per square mile. As used in this
810 subparagraph, the term “service area” means the fewest number of
811 zip codes that account for 75 percent of the hospital’s
812 discharges for the most recent 5-year period, based on
813 information available from the agency’s hospital inpatient
814 discharge database in the Florida Center for Health Information
815 and Policy Analysis at the agency; or
816 6. A hospital designated as a critical access hospital, as
817 defined in s. 408.07.
819 Population densities used in this paragraph must be based upon
820 the most recently completed United States census. A hospital
821 that received funds under s. 409.9116 for a quarter beginning no
822 later than July 1, 2002, is deemed to have been and shall
823 continue to be a rural hospital from that date through June 30,
824 2015, if the hospital continues to have 100 or fewer licensed
825 beds and an emergency room, or meets the criteria of
826 subparagraph 4. An acute care hospital that has not previously
827 been designated as a rural hospital and that meets the criteria
828 of this paragraph shall be granted such designation upon
829 application, including supporting documentation, to the agency.
830 A hospital that was licensed as a rural hospital during the
831 2010-2011 or 2011-2012 fiscal year shall continue to be a rural
832 hospital from the date of designation through June 30, 2015, if
833 the hospital continues to have 100 or fewer licensed beds and an
834 emergency room.
835 Section 12. Section 395.6025, Florida Statutes, is amended
836 to read:
837 395.6025 Rural hospital replacement facilities.
838 Notwithstanding the provisions of s. 408.036, a hospital defined
839 as a statutory rural hospital in accordance with s. 395.602, or
840 a not-for-profit operator of rural hospitals, is not required to
841 obtain a certificate of need for the construction of a new
842 hospital located in a county with a population of at least
843 15,000 but no more than 18,000 and a density of less than 30
844 persons per square mile, or a replacement facility, if provided
845 that the replacement, or new, facility is located within 10
846 miles of the site of the currently licensed rural hospital and
847 within the current primary service area. As used in this
848 section, the term “service area” means the fewest number of zip
849 codes that account for 75 percent of the hospital’s discharges
850 for the most recent 5-year period, based on information
851 available from the Agency for Health Care Administration’s
852 hospital inpatient discharge database in the Florida Center for
853 Health Information and Policy Analysis at the Agency for Health
854 Care Administration.
855 Section 13. Subsection (43) of section 408.07, Florida
856 Statutes, is amended to read:
857 408.07 Definitions.—As used in this chapter, with the
858 exception of ss. 408.031-408.045, the term:
859 (43) “Rural hospital” means an acute care hospital licensed
860 under chapter 395, having 100 or fewer licensed beds and an
861 emergency room, and which is:
862 (a) The sole provider within a county with a population
863 density of no greater than 100 persons per square mile;
864 (b) An acute care hospital, in a county with a population
865 density of no greater than 100 persons per square mile, which is
866 at least 30 minutes of travel time, on normally traveled roads
867 under normal traffic conditions, from another acute care
868 hospital within the same county;
869 (c) A hospital supported by a tax district or subdistrict
870 whose boundaries encompass a population of 100 persons or fewer
871 per square mile;
872 (d) A hospital with a service area that has a population of
873 100 persons or fewer per square mile. As used in this paragraph,
874 the term “service area” means the fewest number of zip codes
875 that account for 75 percent of the hospital’s discharges for the
876 most recent 5-year period, based on information available from
877 the Agency for Health Care Administration’s hospital inpatient
878 discharge database in the Florida Center for Health Information
879 and Policy Analysis at the Agency for Health Care
880 Administration; or
881 (e) A critical access hospital.
883 Population densities used in this subsection must be based upon
884 the most recently completed United States census. A hospital
885 that received funds under s. 409.9116 for a quarter beginning no
886 later than July 1, 2002, is deemed to have been and shall
887 continue to be a rural hospital from that date through June 30,
888 2015, if the hospital continues to have 100 or fewer licensed
889 beds and an emergency room, or meets the criteria of s.
890 395.602(2)(e)4. An acute care hospital that has not previously
891 been designated as a rural hospital and that meets the criteria
892 of this subsection shall be granted such designation upon
893 application, including supporting documentation, to the Agency
894 for Health Care Administration.
895 Section 14. Paragraph (a) of subsection (4) of section
896 408.18, Florida Statutes, is amended to read:
897 408.18 Health Care Community Antitrust Guidance Act;
898 antitrust no-action letter; market-information collection and
900 (4)(a) Members of the health care community who seek
901 antitrust guidance may request a review of their proposed
902 business activity by the Attorney General’s office. In
903 conducting its review, the Attorney General’s office may seek
904 whatever documentation, data, or other material it deems
905 necessary from the Agency for Health Care Administration , the
906 Florida Center for Health Information and Policy Analysis , and
907 the Office of Insurance Regulation of the Financial Services
909 Section 15. Section 465.0244, Florida Statutes, is amended
910 to read:
911 465.0244 Information disclosure.—Every pharmacy shall make
912 available on its Internet website a link to the performance
913 outcome and financial data that is published by the Agency for
914 Health Care Administration pursuant to s. 408.05(3)(k) and shall
915 place in the area where customers receive filled prescriptions
916 notice that such information is available electronically and the
917 address of its Internet website.
918 Section 16. Subsection (2) of section 627.6499, Florida
919 Statutes, is amended to read:
920 627.6499 Reporting by insurers and third-party
922 (2) Each health insurance issuer shall make available on
923 its Internet website a link to the performance outcome and
924 financial data that is published by the Agency for Health Care
925 Administration pursuant to s. 408.05(3)(k) and shall include in
926 every policy delivered or issued for delivery to any person in
927 the state or any materials provided as required by s. 627.64725
928 notice that such information is available electronically and the
929 address of its Internet website.
930 Section 17. Subsection (7) of section 641.54, Florida
931 Statutes, is amended to read:
932 641.54 Information disclosure.—
933 (7) Each health maintenance organization shall make
934 available on its Internet website a link to the performance
935 outcome and financial data that is published by the Agency for
936 Health Care Administration pursuant to s. 408.05(3)(k) and shall
937 include in every policy delivered or issued for delivery to any
938 person in the state or any materials provided as required by s.
939 627.64725 notice that such information is available
940 electronically and the address of its Internet website.
941 Section 18. (1) For the 2014-2015 fiscal year, for the
942 purpose of implementing and maintaining the public information
943 website enhancements provided under section 4 of this act:
944 (a) The sums of $72,435 in recurring funds and $3,773 in
945 nonrecurring funds from the Health Care Trust Fund and one full
946 time equivalent health services and facilities consultant
947 position with associated salary rate of 46,560 are appropriated
948 to the Agency for Health Care Administration;
949 (b) The sums of $30,000 in recurring funds and $15,000 in
950 nonrecurring funds from the Health Care Trust Fund are
951 appropriated to the Agency for Health Care Administration for
952 software purchase, installation, and maintenance services; and
953 (c) The sums of $2,474 in recurring funds and $82,806 in
954 nonrecurring funds from the Health Care Trust Fund are
955 appropriated to the Agency for Health Care Administration for
956 contracted services.
957 (2) If CS/CS/SB 248 or similar legislation, 2014 Regular
958 Session, and this bill are both enacted into law during the 2014
959 Regular Session, or any extension thereof, and both bills
960 contain provisions authorizing the Agency for Health Care
961 Administration to create a monitored comment webpage allowing
962 members of the public to comment on specific assisted living
963 facilities licensed in this state and if both bills appropriate
964 funds to the Agency for Health Care Administration, this section
965 may not take effect.
966 Section 19. This act shall take effect July 1, 2014.