Florida Senate - 2018                                    SB 1458
       By Senator Brandes
       24-01187-18                                           20181458__
    1                        A bill to be entitled                      
    2         An act relating to patient-safety culture surveys;
    3         amending s. 408.05, F.S.; requiring the Agency for
    4         Health Care Administration to develop surveys to
    5         assess patient-safety culture in certain health care
    6         facilities; requiring such surveys to be submitted
    7         anonymously; requiring the agency to review certain
    8         survey products to develop the surveys; providing
    9         applicability; amending s. 408.061, F.S.; revising
   10         requirements for the submission of health care data to
   11         the agency; amending s. 408.810, F.S.; requiring the
   12         submission of patient-safety culture survey data as a
   13         condition of licensure; providing an appropriation;
   14         providing an effective date.
   16  Be It Enacted by the Legislature of the State of Florida:
   18         Section 1. Present paragraphs (d) through (j) of subsection
   19  (3) of section 408.05, Florida Statutes, are redesignated as
   20  paragraphs (e) through (k), respectively, present paragraph (j)
   21  is amended, and a new paragraph (d) is added to that subsection,
   22  to read:
   23         408.05 Florida Center for Health Information and
   24  Transparency.—
   25         (3) HEALTH INFORMATION TRANSPARENCY.—In order to
   26  disseminate and facilitate the availability of comparable and
   27  uniform health information, the agency shall perform the
   28  following functions:
   29         (d)Design a patient-safety culture survey or surveys to be
   30  completed annually by staff of each hospital and ambulatory
   31  surgical center licensed under chapter 395. The survey must be
   32  designed to measure aspects of patient-safety culture, including
   33  the frequency of adverse events, the quality of handoffs and
   34  transitions, comfort in reporting a potential problem or error,
   35  the level of teamwork within hospital units and the facility as
   36  a whole, staff compliance with patient-safety regulations and
   37  guidelines, staff perception of facility support for patient
   38  safety, and an indication from the staff member as to whether he
   39  or she would undergo a health care service or procedure at the
   40  facility. The survey must be submitted anonymously to encourage
   41  staff employed by or working in the facility to complete the
   42  survey. The agency shall review and analyze nationally
   43  recognized patient-safety culture survey products, including,
   44  but not limited to, the patient-safety surveys developed by the
   45  federal Agency for Healthcare Research and Quality and the
   46  Safety Attitudes Questionnaire developed by the University of
   47  Texas, in developing the patient safety culture survey. This
   48  paragraph does not apply to licensed facilities operating
   49  exclusively as state facilities.
   50         (k)(j) Conduct and make available the results of special
   51  health surveys, including facility patient-safety culture
   52  surveys, health care research, and health care evaluations
   53  conducted or supported under this section. Each year the center
   54  shall select and analyze one or more research topics that can be
   55  investigated using the data available pursuant to paragraph (c).
   56  The selected topics must focus on producing actionable
   57  information for improving quality of care and reducing costs.
   58  The first topic selected by the center must address preventable
   59  hospitalizations.
   60         Section 2. Paragraph (a) of subsection (1) of section
   61  408.061, Florida Statutes, is amended to read:
   62         408.061 Data collection; uniform systems of financial
   63  reporting; information relating to physician charges;
   64  confidential information; immunity.—
   65         (1) The agency shall require the submission by health care
   66  facilities, health care providers, and health insurers of data
   67  necessary to carry out the agency’s duties and to facilitate
   68  transparency in health care pricing data and quality measures.
   69  Specifications for data to be collected under this section shall
   70  be developed by the agency and applicable contract vendors, with
   71  the assistance of technical advisory panels including
   72  representatives of affected entities, consumers, purchasers, and
   73  such other interested parties as may be determined by the
   74  agency.
   75         (a) Data submitted by health care facilities, including the
   76  facilities as defined in chapter 395, shall include, but are not
   77  limited to: case-mix data, patient admission and discharge data,
   78  hospital emergency department data which shall include the
   79  number of patients treated in the emergency department of a
   80  licensed hospital reported by patient acuity level, data on
   81  hospital-acquired infections as specified by rule, data on
   82  complications as specified by rule, data on readmissions as
   83  specified by rule, with patient and provider-specific
   84  identifiers included, actual charge data by diagnostic groups or
   85  other bundled groupings as specified by rule, facility patient
   86  safety culture surveys, financial data, accounting data,
   87  operating expenses, expenses incurred for rendering services to
   88  patients who cannot or do not pay, interest charges,
   89  depreciation expenses based on the expected useful life of the
   90  property and equipment involved, and demographic data. The
   91  agency shall adopt nationally recognized risk adjustment
   92  methodologies or software consistent with the standards of the
   93  Agency for Healthcare Research and Quality and as selected by
   94  the agency for all data submitted as required by this section.
   95  Data may be obtained from documents such as, but not limited to:
   96  leases, contracts, debt instruments, itemized patient statements
   97  or bills, medical record abstracts, and related diagnostic
   98  information. Reported data elements shall be reported
   99  electronically in accordance with rule 59E-7.012, Florida
  100  Administrative Code. Data submitted shall be certified by the
  101  chief executive officer or an appropriate and duly authorized
  102  representative or employee of the licensed facility that the
  103  information submitted is true and accurate.
  104         Section 3. Subsection (11) is added to section 408.810,
  105  Florida Statutes, to read:
  106         408.810 Minimum licensure requirements.—In addition to the
  107  licensure requirements specified in this part, authorizing
  108  statutes, and applicable rules, each applicant and licensee must
  109  comply with the requirements of this section in order to obtain
  110  and maintain a license.
  111         (11)Each hospital and ambulatory surgical center licensed
  112  under chapter 395 shall submit facility patient-safety culture
  113  surveys, as described in s. 408.05(3), to the agency in
  114  accordance with applicable rules.
  115         Section 4. For the 2018-2019 fiscal year, one full-time
  116  equivalent position with associated salary rate of 41,106 is
  117  authorized, and the sum of $352,919 in recurring funds from the
  118  Health Care Trust Fund is appropriated to the Agency for Health
  119  Care Administration, for the purpose of implementing this act.
  120         Section 5. This act shall take effect July 1, 2018.