Bill Text: FL S0782 | 2014 | Regular Session | Comm Sub
Bill Title: Government Data Practices
Spectrum: Bipartisan Bill
Status: (Failed) 2014-05-02 - Died in Messages [S0782 Detail]
Download: Florida-2014-S0782-Comm_Sub.html
Florida Senate - 2014 CS for CS for SB 782 By the Committees on Appropriations; and Governmental Oversight and Accountability; and Senators Brandes and Sobel 576-04202-14 2014782c2 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 12 a privacy policy on the agency’s website; prescribing 13 minimum requirements for a privacy policy; requiring 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 19 exception; requiring that privacy policy requirements 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. 57 58 Be It Enacted by the Legislature of the State of Florida: 59 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 adoptreasonablerules 66 consistentnot inconsistentwith this chapter which areshall be67 binding on all agencies relating to the destruction and 68 disposition of records. Such rules mustshallprovide, 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 85 read: 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 123 maintain and conspicuously post a privacy policy on such 124 website. At a minimum, the privacy policy must provide: 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 136 information. 137 (f) Whether any other person, as defined in s. 671.201, 138 collects personal identification information through the 139 website. 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 143 measures. 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 150 individual accessing the website of the use of cookies and 151 request permission to install a cookie on the individual’s 152 computer. 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 190 information. 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 194 read: 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 208 collects. 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 215 agency. 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 246 read: 247 408.05 Florida Health Information Transparency Initiative 248Center for Health Information and Policy Analysis.— 249 (1) CREATION AND PURPOSEESTABLISHMENT.—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 260establish a Florida Center for Health Information and Policy261Analysis.The center shall establish a comprehensive health262information system to provide for the collection, compilation,263coordination, analysis, indexing, dissemination, and utilization264of both purposefully collected and extant health-related data265and statistics. The center shall be staffed with public health266experts, biostatisticians, information system analysts, health267policy experts, economists, and other staff necessary to carry268out its functions.269 (2) HEALTH-RELATED DATA.—The comprehensive health 270 information system must include the following data and 271 informationoperated by the Florida Center for Health272Information and Policy Analysis shall identify the best273available data sources and coordinate the compilation of extant274health-related data and statistics and purposefully collect data275on: 276(a) The extent and nature of illness and disability of the277state population, including life expectancy, the incidence of278various acute and chronic illnesses, and infant and maternal279morbidity and mortality.280(b) The impact of illness and disability of the state281population on the state economy and on other aspects of the282well-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 this285state and determinants of health and nutritional practices and286status.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 statephysicians, dentists, nurses, and other health291professionals, by specialty and type of practice and acute,292long-term care and other institutional care facility supplies293and specific services provided by hospitals, nursing homes, home294health agencies, and other health care facilities. 295 (b)(f)Utilization of health resourcescare by type of296provider. 297 (c)(g)Health care costs and financing, including Medicaid 298 claims and encounter data and data from other public and private 299 payorstrends in health care prices and costs, the sources of300payment for health care services, and federal, state, and local301expenditures 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) COORDINATIONCOMPREHENSIVE HEALTH INFORMATION SYSTEM. 312 In order to collect comprehensiveproduce comparable and uniform313 health information and statistics and to disseminate such 314 information toforthe public, as well as for the development of 315 policy recommendations, the agency shall perform the following 316 functions: 317 (a) Collect and compile data from all agencies and programs 318 that provide, regulate, and pay for health servicesCoordinate319the activities of state agencies involved in the design and320implementation of the comprehensive health information system. 321 (b) Promote data sharing through theUndertake research,322 development, dissemination, and evaluation of state-collected 323 health data and by making such data available, transferable, and 324 readily usablerespecting the comprehensive health information325system. 326(c) Review the statistical activities of state agencies to327ensure that they are consistent with the comprehensive health328information 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 agencycenterin obtaining, compiling, 334 and transferring health-care-related data maintained by state 335 and local agencies.Written agreements must specify the types,336methods, and periodicity of data exchanges and specify the types337of 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 340Establishby rule the types of data collected, compiled,341processed, used, or shared.Decisions regarding center data sets342should be made based on consultation with the State Consumer343Health Information and Policy Advisory Council and other public344and private users regarding the types of data which should be345collected and their uses. The center shall establish346standardized means for collecting health information and347statistics under laws and rules administered by the agency.348(f) Establish minimum health-care-related data sets which349are necessary on a continuing basis to fulfill the collection350requirements of the center and which shall be used by state351agencies in collecting and compiling health-care-related data.352The agency shall periodically review ongoing health care data353collections of the Department of Health and other state agencies354to determine if the collections are being conducted in355accordance with the established minimum sets of data.356(g) Establish advisory standards to ensure the quality of357health statistical and epidemiological data collection,358processing, and analysis by local, state, and private359organizations.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 completePrescribe364standards for the publication of health-care-related data365reported pursuant to this section which ensure the reporting of366accurate, valid, reliable, complete, and comparable data.Such367standards should include advisory warnings to users of the data368regarding the status and quality of any data reported by or369available 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 sectionPrescribe standards for the maintenance373and preservation of the center’s data.This should include374methods for archiving data, retrieval of archived data, and data375editing and verification.376(j) Ensure that strict quality control measures are377maintained for the dissemination of data through publications,378studies, or user requests.379(k) Develop, in conjunction with the State Consumer Health380Information and Policy Advisory Council, and implement a long381range plan for making available health care quality measures and382financial data that will allow consumers to compare health care383services. The health care quality measures and financial data384the agency must make available include, but are not limited to,385pharmaceuticals, physicians, health care facilities, and health386plans and managed care entities. The agency shall update the387plan and report on the status of its implementation annually.388The agency shall also make the plan and status report available389to the public on its Internet website. As part of the plan, the390agency shall identify the process and timeframes for391implementation, barriers to implementation, and recommendations392of changes in the law that may be enacted by the Legislature to393eliminate the barriers. As preliminary elements of the plan, the394agency shall:3951. Make available patient-safety indicators, inpatient396quality indicators, and performance outcome and patient charge397data collected from health care facilities pursuant to s.398408.061(1)(a) and (2). The terms “patient-safety indicators” and399“inpatient quality indicators” have the same meaning as that400ascribed by the Centers for Medicare and Medicaid Services, an401accrediting organization whose standards incorporate comparable402regulations required by this state, or a national entity that403establishes standards to measure the performance of health care404providers, or by other states. The agency shall determine which405conditions, procedures, health care quality measures, and406patient charge data to disclose based upon input from the407council. When determining which conditions and procedures are to408be disclosed, the council and the agency shall consider409variation in costs, variation in outcomes, and magnitude of410variations and other relevant information. When determining411which health care quality measures to disclose, the agency:412a. Shall consider such factors as volume of cases; average413patient charges; average length of stay; complication rates;414mortality rates; and infection rates, among others, which shall415be adjusted for case mix and severity, if applicable.416b. May consider such additional measures that are adopted417by the Centers for Medicare and Medicaid Studies, an accrediting418organization whose standards incorporate comparable regulations419required by this state, the National Quality Forum, the Joint420Commission on Accreditation of Healthcare Organizations, the421Agency for Healthcare Research and Quality, the Centers for422Disease Control and Prevention, or a similar national entity423that establishes standards to measure the performance of health424care providers, or by other states.425 426When determining which patient charge data to disclose, the427agency shall include such measures as the average of428undiscounted charges on frequently performed procedures and429preventive diagnostic procedures, the range of procedure charges430from highest to lowest, average net revenue per adjusted patient431day, average cost per adjusted patient day, and average cost per432admission, among others.4332. Make available performance measures, benefit design, and434premium cost data from health plans licensed pursuant to chapter435627 or chapter 641. The agency shall determine which health care436quality measures and member and subscriber cost data to437disclose, based upon input from the council. When determining438which data to disclose, the agency shall consider information439that may be required by either individual or group purchasers to440assess the value of the product, which may include membership441satisfaction, quality of care, current enrollment or membership,442coverage areas, accreditation status, premium costs, plan costs,443premium increases, range of benefits, copayments and444deductibles, accuracy and speed of claims payment, credentials445of physicians, number of providers, names of network providers,446and hospitals in the network. Health plans shall make available447to the agency such data or information that is not currently448reported to the agency or the office.4493. Determine the method and format for public disclosure of450data reported pursuant to this paragraph. The agency shall make451its determination based upon input from the State Consumer452Health Information and Policy Advisory Council. At a minimum,453the data shall be made available on the agency’s Internet454website in a manner that allows consumers to conduct an455interactive search that allows them to view and compare the456information for specific providers. The website must include457such additional information as is determined necessary to ensure458that the website enhances informed decisionmaking among459consumers and health care purchasers, which shall include, at a460minimum, appropriate guidance on how to use the data and an461explanation of why the data may vary from provider to provider.4624. Publish on its website undiscounted charges for no fewer463than 150 of the most commonly performed adult and pediatric464procedures, including outpatient, inpatient, diagnostic, and465preventative procedures.466(4) TECHNICAL ASSISTANCE.—467(a) The center shall provide technical assistance to468persons or organizations engaged in health planning activities469in the effective use of statistics collected and compiled by the470center. The center shall also provide the following additional471technical assistance services:4721. Establish procedures identifying the circumstances under473which, the places at which, the persons from whom, and the474methods by which a person may secure data from the center,475including procedures governing requests, the ordering of476requests, timeframes for handling requests, and other procedures477necessary to facilitate the use of the center’s data. To the478extent possible, the center should provide current data timely479in response to requests from public or private agencies.4802. Provide assistance to data sources and users in the481areas of database design, survey design, sampling procedures,482statistical interpretation, and data access to promote improved483health-care-related data sets.4843. Identify health care data gaps and provide technical485assistance to other public or private organizations for meeting486documented health care data needs.4874. Assist other organizations in developing statistical488abstracts of their data sets that could be used by the center.4895. Provide statistical support to state agencies with490regard to the use of databases maintained by the center.4916. To the extent possible, respond to multiple requests for492information not currently collected by the center or available493from other sources by initiating data collection.4947. Maintain detailed information on data maintained by495other local, state, federal, and private agencies in order to496advise those who use the center of potential sources of data497which are requested but which are not available from the center.4988. Respond to requests for data which are not available in499published form by initiating special computer runs on data sets500available to the center.5019. Monitor innovations in health information technology,502informatics, and the exchange of health information and maintain503a repository of technical resources to support the development504of a health information network.505(b) The agency shall administer, manage, and monitor grants506to not-for-profit organizations, regional health information507organizations, public health departments, or state agencies that508submit proposals for planning, implementation, or training509projects to advance the development of a health information510network. Any grant contract shall be evaluated to ensure the511effective outcome of the health information project.512(c) The agency shall initiate, oversee, manage, and513evaluate the integration of health care data from each state514agency that collects, stores, and reports on health care issues515and make that data available to any health care practitioner516through a state health information network.517(5) PUBLICATIONS; REPORTS; SPECIAL STUDIES.—The center518shall provide for the widespread dissemination of data which it519collects and analyzes. The center shall have the following520publication, reporting, and special study functions:521(a) The center shall publish and make available522periodically to agencies and individuals health statistics523publications of general interest, including health plan consumer524reports and health maintenance organization member satisfaction525surveys; publications providing health statistics on topical526health policy issues; publications that provide health status527profiles of the people in this state; and other topical health528statistics publications.529(b) The center shall publish, make available, and530disseminate, promptly and as widely as practicable, the results531of special health surveys, health care research, and health care532evaluations conducted or supported under this section. Any533publication by the center must include a statement of the534limitations on the quality, accuracy, and completeness of the535data.536(c) The center shall provide indexing, abstracting,537translation, publication, and other services leading to a more538effective and timely dissemination of health care statistics.539(d) The center shall be responsible for publishing and540disseminating an annual report on the center’s activities.541(e) The center shall be responsible, to the extent542resources are available, for conducting a variety of special543studies and surveys to expand the health care information and544statistics available for health policy analyses, particularly545for the review of public policy issues. The center shall develop546a process by which users of the center’s data are periodically547surveyed regarding critical data needs and the results of the548survey considered in determining which special surveys or549studies will be conducted. The center shall select problems in550health care for research, policy analyses, or special data551collections on the basis of their local, regional, or state552importance; the unique potential for definitive research on the553problem; and opportunities for application of the study554findings.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 ENTERPRISEBUDGET; 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 managementLegislature intends that funding for565the Florida Center for Health Information and Policy Analysis be566appropriated from the General Revenue Fund. 567 (b) The agencyFlorida Center for Health Information and568Policy Analysismay apply for,andreceive, and accept grants, 569 gifts, and other payments, including property and services, from 570 aanygovernmental or other public or private entity or person 571 and make arrangements foras tothe use of such fundssame, 572 including the undertaking of special studies and other projects 573 relating to health-care-related topics.Funds obtained pursuant574to this paragraph may not be used to offset annual575appropriations 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 informationcenter may charge such reasonable fees for services580as the agency prescribes by rule.The established fees may not581exceed the reasonable cost for such services. Fees collected may582not be used to offset annual appropriations from the General583Revenue Fund.584(8) STATE CONSUMER HEALTH INFORMATION AND POLICY ADVISORY585COUNCIL.—586(a) There is established in the agency the State Consumer587Health Information and Policy Advisory Council to assist the588center in reviewing the comprehensive health information system,589including the identification, collection, standardization,590sharing, and coordination of health-related data, fraud and591abuse data, and professional and facility licensing data among592federal, state, local, and private entities and to recommend593improvements for purposes of public health, policy analysis, and594transparency of consumer health care information. The council595shall consist of the following members:5961. An employee of the Executive Office of the Governor, to597be appointed by the Governor.5982. An employee of the Office of Insurance Regulation, to be599appointed by the director of the office.6003. An employee of the Department of Education, to be601appointed by the Commissioner of Education.6024. Ten persons, to be appointed by the Secretary of Health603Care Administration, representing other state and local604agencies, state universities, business and health coalitions,605local health councils, professional health-care-related606associations, consumers, and purchasers.607(b) Each member of the council shall be appointed to serve608for a term of 2 years following the date of appointment, except609the term of appointment shall end 3 years following the date of610appointment for members appointed in 2003, 2004, and 2005. A611vacancy shall be filled by appointment for the remainder of the612term, and each appointing authority retains the right to613reappoint members whose terms of appointment have expired.614(c) The council may meet at the call of its chair, at the615request of the agency, or at the request of a majority of its616membership, 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 the619affirmative vote of a majority of a quorum is necessary to take620action.621(f) The council shall maintain minutes of each meeting and622shall make such minutes available to any person.623(g) Members of the council shall serve without compensation624but shall be entitled to receive reimbursement for per diem and625travel expenses as provided in s. 112.061.626(h) The council’s duties and responsibilities include, but627are not limited to, the following:6281. To develop a mission statement, goals, and a plan of629action for the identification, collection, standardization,630sharing, and coordination of health-related data across federal,631state, and local government and private sector entities.6322. To develop a review process to ensure cooperative633planning among agencies that collect or maintain health-related634data.6353. To create ad hoc issue-oriented technical workgroups on636an as-needed basis to make recommendations to the council.637(9) APPLICATION TO OTHER AGENCIES.—Nothing in this section638shall limit, restrict, affect, or control the collection,639analysis, release, or publication of data by any state agency640pursuant to its statutory authority, duties, or641responsibilities.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 661 rule. 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. 672 673 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 isshall bethe 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 operation686of the FloridaCenter for Health Information and Policy687Analysis;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 696 Responsibilities.— 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 shallmust731 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 shallbe required topay any license fee and comply 736 withanycontinuing 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 the749extent 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 itsInternetwebsite 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 758pursuant to s. 408.05(3)(k). The facility shall place in its 759 reception area a notice stating that thein the reception area760that suchinformation 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 andupon request. A patient has a right to be givenan 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 776Internetwebsite a link to the performance outcome and financial 777 data that is published by the Agency for Health Care 778 Administrationpursuant to s. 408.05(3)(k). The facility shall 779 place in its reception area a notice statingin the reception780areathat the information is available electronically and 781 providing the facility’sInternetwebsite 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 thanover1 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 databasein the FloridaCenter for Health Information815and Policy Analysisat the agency; or 816 6. A hospital designated as a critical access hospital, as 817 defined in s. 408.07. 818 819 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 Notwithstandingthe provisions ofs. 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, ifprovided845thatthe 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 databasein the FloridaCenter for853Health Information and Policy Analysisat the Agency for Health854Care 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 databasein the FloridaCenter for Health Information879and Policy Analysisat the Agency for Health Care880Administration; or 881 (e) A critical access hospital. 882 883 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 899 education.— 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, the906FloridaCenterfor Health Information and Policy Analysis,and 907 the Office of Insurance Regulation of the Financial Services 908 Commission. 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 itsInternetwebsite a link to the performance 913 outcome and financial data that is published by the Agency for 914 Health Care Administrationpursuant 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 itsInternetwebsite. 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 921 administrators.— 922 (2) Each health insurance issuer shall make available on 923 itsInternetwebsite a link to the performance outcome and 924 financial data that is published by the Agency for Health Care 925 Administrationpursuant 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 itsInternetwebsite. 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 itsInternetwebsite a link to the performance 935 outcome and financial data that is published by the Agency for 936 Health Care Administrationpursuant 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 oranymaterials provided as required by s. 939 627.64725 notice that such information is available 940 electronically and the address of itsInternetwebsite. 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.