eLaws of Florida

  SECTION 408.05. Florida Center for Health Information and Transparency.  


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  • 1(1) 2ESTABLISHMENT.3-4The agency shall establish and maintain a Florida Center for Health Information and Transparency to collect, compile, coordinate, analyze, index, and disseminate health-related data and statistics. The center shall be staffed as necessary to carry out its functions.
    42(2) 43HEALTH-RELATED DATA.45-46The Florida Center for Health Information and Transparency shall identify available data sets, compile new data when specifically authorized, and promote the use of extant health-related data and statistics. The center must maintain any data sets in existence before July 1, 2016, unless such data sets duplicate information that is readily available from other credible sources, and may collect or compile data on:
    109(a) 110Health resources, including licensed health care practitioners, by specialty and type of practice. Such data must include information collected by the Department of Health pursuant to ss. 137458.3191 138and 139459.0081140.
    141(b) 142Health service inventories, including acute care, long-term care, and other institutional care facilities and specific services provided by hospitals, nursing homes, home health agencies, and other licensed health care facilities.
    172(c) 173Service utilization for licensed health care facilities.
    180(d) 181Health care costs and financing, including trends in health care prices and costs, the sources of payment for health care services, and federal, state, and local expenditures for health care.
    211(e) 212The extent of public and private health insurance coverage in this state.
    224(f) 225Specific quality-of-care initiatives involving various health care providers when extant data is not adequate to achieve the objectives of the initiative.
    246(3) 247HEALTH INFORMATION TRANSPARENCY.250-251In order to disseminate and facilitate the availability of comparable and uniform health information, the agency shall perform the following functions:
    272(a) 273Collect and compile information on and coordinate the activities of state agencies involved in providing health information to consumers.
    292(b) 293Promote data sharing through dissemination of state-collected health data by making such data available, transferable, and readily usable.
    311(c) 312Contract with a vendor to provide a consumer-friendly, Internet-based platform that allows a consumer to research the cost of health care services and procedures and allows for price comparison. The Internet-based platform must allow a consumer to search by condition or service bundles that are comprehensible to a layperson and may not require registration, a security password, or user identification. The vendor shall also establish and maintain a Florida-specific data set of health care claims information available to the public and any interested party. The agency shall actively oversee the vendor to ensure compliance with state law. The vendor may not be owned or operated by any health plan, health insurer, health maintenance organization, or any entity authorized to provide health care coverage in any state or any director, employee, or other person who has the ability to direct or control a health plan, health insurer, health maintenance organization, or any entity authorized to provide health care coverage in any state. The vendor must be qualified under s. 1874 of the Social Security Act, 42 U.S.C. 1395kk, to receive Medicare claims data and receive claims, payment, and patient cost-share data from multiple private insurers nationwide. The agency shall select the vendor through a competitive procurement process. By October 1, 2016, a responsive vendor shall have:
    5271. 528A national database consisting of at least 15 billion claim lines of administrative claims data from multiple payors capable of being expanded by adding claims data, directly or through arrangements with extant data sources, from other third-party payors, including employers with health plans covered by the Employee Retirement Income Security Act of 1974 when those employers choose to participate.
    5872. 588A well-developed methodology for analyzing claims data within defined service bundles that are understandable by the general public.
    6063. 607A bundling methodology that is available in the public domain to allow for consistency and comparison of state and national benchmarks with local regions and specific providers.
    634(d)1. 635Collect, compile, and publish patient safety culture survey data submitted by a facility pursuant to s. 651395.1012652.
    6532. 654Designate the use of updated versions of the applicable surveys as they occur, and customize the surveys to:
    672a. 673Generate data regarding the likelihood of a respondent to seek care for the respondent and the respondent’s family at the surveying facility, both in general and, for hospitals, within the respondent’s specific unit or work area; and
    710b. 711Revise the units or work areas identified in the hospital survey to include a pediatric cardiology patient care unit and a pediatric cardiology surgical services unit.
    7373. 738Publish the survey results for each facility, in the aggregate, by composite measure as defined in the survey and by the applicable units or work areas within the facility.
    767(e) 768Develop written agreements with local, state, and federal agencies to facilitate the sharing of data related to health care.
    787(f) 788Establish by rule:
    7911. 792The types of data collected, compiled, processed, used, or shared.
    8022. 803Requirements for implementation of the consumer-friendly, Internet-based platform created by the contracted vendor under paragraph (c).
    8193. 820Requirements for the submission of data by insurers pursuant to s. 831627.6385 832and health maintenance organizations pursuant to s. 839641.54 840to the contracted vendor under paragraph (c).
    8474. 848Requirements governing the collection of data by the contracted vendor under paragraph (c).
    8615. 862How information is to be published on the consumer-friendly, Internet-based platform created under paragraph (c) for public use.
    880(g) 881Consult with contracted vendors, the State Consumer Health Information and Policy Advisory Council, and other public and private users regarding the types of data that should be collected and the use of such data.
    915(h) 916Monitor data collection procedures and test data quality to facilitate the dissemination of data that is accurate, valid, reliable, and complete.
    937(i) 938Develop methods for archiving data, retrieval of archived data, and data editing and verification.
    952(j) 953Make available health care quality measures that will allow consumers to compare outcomes and other performance measures for health care services.
    974(k) 975Conduct and make available the results of special health surveys, including facility patient safety culture surveys, health care research, and health care evaluations conducted or supported under this section. Each year the center shall select and analyze one or more research topics that can be investigated using the data available pursuant to paragraph (c). The selected topics must focus on producing actionable information for improving quality of care and reducing costs. The first topic selected by the center must address preventable hospitalizations.
    1057(l) 1058Contract with the Society of Thoracic Surgeons and the American College of Cardiology to obtain data reported pursuant to s. 1078395.1055 1079for publication on the agency’s website in a manner that will allow consumers to be informed of aggregate data and to compare pediatric cardiac programs.
    1104(m) 1105By July 1 of each year, publish a report identifying the health care services with the most significant price variation both statewide and regionally.
    1129(4) 1130PROVIDER DATA REPORTING.1133-1134This section does not confer on the agency the power to demand or require that a health care provider or professional furnish information, records of interviews, written reports, statements, notes, memoranda, or data other than as expressly required by law. The agency may not establish an all-payor claims database or a comparable database without express legislative authority.
    1191(5) 1192BUDGET; FEES.1194-
    1195(a) 1196The Florida Center for Health Information and Transparency may apply for and receive and accept grants, gifts, and other payments, including property and services, from any governmental or other public or private entity or person and make arrangements as to the use of same, including the undertaking of special studies and other projects relating to health-care-related topics. Funds obtained pursuant to this paragraph may not be used to offset annual appropriations from the General Revenue Fund.
    1272(b) 1273The center may charge such reasonable fees for services as the agency prescribes by rule. The established fees may not exceed the reasonable cost for such services. Fees collected may not be used to offset annual appropriations from the General Revenue Fund.
    1315(6) 1316STATE CONSUMER HEALTH INFORMATION AND POLICY ADVISORY COUNCIL.1324-
    1325(a) 1326There is established in the agency the State Consumer Health Information and Policy Advisory Council to assist the center. The council consists of the following members:
    13521. 1353An employee of the Executive Office of the Governor, to be appointed by the Governor.
    13682. 1369An employee of the Office of Insurance Regulation, to be appointed by the director of the office.
    13863. 1387An employee of the Department of Education, to be appointed by the Commissioner of Education.
    14024. 1403Ten persons, to be appointed by the Secretary of Health Care Administration, representing other state and local agencies, state universities, business and health coalitions, local health councils, professional health-care-related associations, consumers, and purchasers.
    1436(b) 1437Each member of the council shall be appointed to serve for a term of 2 years following the date of appointment. A vacancy shall be filled by appointment for the remainder of the term, and each appointing authority retains the right to reappoint members whose terms of appointment have expired.
    1487(c) 1488The council may meet at the call of its chair, at the request of the agency, or at the request of a majority of its membership, but the council must meet at least quarterly.
    1522(d) 1523Members shall elect a chair and vice chair annually.
    1532(e) 1533A majority of the members constitutes a quorum, and the affirmative vote of a majority of a quorum is necessary to take action.
    1556(f) 1557The council shall maintain minutes of each meeting and shall make such minutes available to any person.
    1574(g) 1575Members of the council shall serve without compensation but shall be entitled to receive reimbursement for per diem and travel expenses as provided in s. 1600112.0611601.
    1602(h) 1603The council’s duties and responsibilities include, but are not limited to, the following:
    16161. 1617To develop a mission statement, goals, and a plan of action for the identification, collection, standardization, sharing, and coordination of health-related data across federal, state, and local government and private sector entities.
    16492. 1650To develop a review process to ensure cooperative planning among agencies that collect or maintain health-related data.
    16673. 1668To create ad hoc issue-oriented technical workgroups on an as-needed basis to make recommendations to the council.
    1685(7) 1686APPLICATION TO OTHER AGENCIES.1690-1691This section does not limit, restrict, affect, or control the collection, analysis, release, or publication of data by any state agency pursuant to its statutory authority, duties, or responsibilities.
History.-s. 39, ch. 88-394; s. 1, ch. 90-347; s. 50, ch. 91-297; s. 5, ch. 91-429; s. 14, ch. 92-33; s. 4, ch. 95-201; s. 37, ch. 97-103; s. 10, ch. 98-89; s. 176, ch. 99-8; s. 1, ch. 99-393; s. 42, ch. 2000-153; s. 16, ch. 2000-305; s. 435, ch. 2003-261; s. 11, ch. 2004-297; s. 12, ch. 2004-390; s. 1, ch. 2005-231; s. 3, ch. 2006-261; s. 24, ch. 2007-105; s. 5, ch. 2008-47; s. 89, ch. 2010-5; s. 8, ch. 2013-93; s. 3, ch. 2016-234; s. 63, ch. 2018-24; s. 3, ch. 2020-134; s. 21, ch. 2020-156.

Note

Note.-Former s. 381.0612; s. 381.0401.

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