HB500

ENROLLED, An Act,

Relating to the State Health Planning and Development Agency (SHPDA); to provide for certain mandatory health care reporting to SHPDA; to designate the SHPDA as the agency to collect, compile, and analyze the collected reports; to establish and provide for the membership of the Health Care Information and Data Council; to require that the SHPDA, after receiving advice and guidance from the council, adopt rules to implement this act; to provide for penalties for failure make the required reports; and to require the SHPDA to meet certain deadlines or lose its authority to require the reporting.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. This act shall be cited and known as the "Alabama Health Planning Facilitation Act."

Section 2. The Legislature does hereby set out the following findings and reasons for passage of this act.

Alabama has adopted a system of health planning and development administered by the State Health Planning and Development Agency (SHPDA).

In addition, the Statewide Health Coordinating Council (SHCC) is charged with reviewing Alabama's health planning needs and writing the State Health Plan to assist the Certificate of Need Review Board.

The Certificate of Need Review Board is responsible for reviewing and approving certificate of need applications in Alabama.

There is no current systematic way for the SHPDA, SHCC, or the Certificate of Need Review Board to collect all the health care services information necessary for proper health care planning in Alabama, because reporting to SHPDA is voluntary.

The Legislature hereby finds and determines that collection of additional health care information is necessary for informed statewide health planning. The purpose of this law is to give SHPDA authority to require the reporting of certain information to SHDPA by the legal entities covered in this act.

Section 3. For purposes of this act, the following terms shall have the following meanings:

(1) CERTIFICATE OF NEED REVIEW BOARD. The board which reviews all certificate of need applications as provided in Section 22-21-260(14) Code of Alabama 1975.

(2) COVERED HEALTH CARE REPORTER. The term includes health care facilities as that term is defined in Section 22-21-260(6), Code of Alabama 1975; new institutional health services subject to review as defined in Section 22-21-263, Code of Alabama 1975; a facility or institution for the care or treatment of any kind of mental or emotional illness or substance abuse or for providing services to persons with intellectual disabilities as defined in Section 22-50-17, Code of Alabama 1975; and facilities and distinct units as defined in Section 22-21-263(c), Code of Alabama 1975.

(3) HEALTH CARE REPORTS. The written reports to SHPDA which are required to be submitted by this act

(4) HEALTH CARE INFORMATION AND DATA ADVISORY COUNCIL. The body created by this act which is charged with advising and participating in the writing of rules necessary to implement this act and reviewing reports prior to dissemination by SHPDA.

(5) SHPDA. The State Health Planning and Development Agency.

(6) STATE HEALTH COORDINATING COUNCIL. The council which is defined in Section 22-21-260(15), Code of Alabama 1975.

Section 4. (a) There is established the Health Care Information and Data Advisory Council to give advice and guidance to SHPDA in adopting rules necessary to implement this act, to review and serve as consultants to SHPDA on matters related to any reports or publications prior to a report or publication release, and to serve as consultants to SHPDA on matters relating to the protection, collection, and dissemination of health care reports.

(b) The council shall consist of the following members:

(1) Two members appointed by the Alabama Hospital Association.

(2) Two members appointed by the Alabama Nursing Home Association.

(3) One member appointed by the Assisted Living Association of Alabama.

(4) One member Two members appointed by the Alabama Hospice and Palliative Care Association.

(5) One member appointed by the Home Care Association of Alabama.

(6) One member appointed by the Chair of the SHCC.

(7) One member Two members appointed by the Alabama Ambulatory Surgery Center Association.

(8) One member appointed by the Commissioner of Mental Health.

(9) The Chair of the Certificate of Need Review Board, or his or her designee.

(c) The council membership shall be inclusive and reflect the racial, gender, geographic, urban/rural, and economic diversity of the state.

(d) The terms of the appointed members shall be staggered as follows: The Chair of the Certificate of Need Review Board or his or her designee shall divide the members into two equal groups. The members of the first group shall be appointed for an initial term of two years. The members of the second group shall be appointed for an initial term of four years. Thereafter, the term of office of each member shall be for four years. A member may serve two consecutive terms. A member shall serve until a successor is appointed. If a vacancy occurs, the original appointing authority shall fill the vacancy for the remainder of the unexpired term.

(e) The council shall meet within 30 days after the appointment of the council membership, elect a chair and establish procedures and other policies necessary to carry on the business of the council. A quorum shall be a majority of the appointed members. Notice of meetings of the council shall be given pursuant to the Alabama Open Meetings Act.

Section 5. The SHPDA, following advice and guidance from the Health Care Information and Advisory Council, shall adopt rules providing the specific information which shall be submitted and the method of submission to SHPDA. All covered health care reporters shall provide written reports as required by SHPDA, at least annually. Within one year of the adoption of rules pursuant to the Administrative Procedure Act, covered health care reporters shall make the first report due under this act. The first report due under this act submitted by a covered health care reporter shall cover the immediately preceding six months. Reporting to SHPDA under this act shall be mandatory. Reporting to SHPDA shall be required at least annually after the initial report and shall cover the one-year period from the previous report as provided by rules of SHPDA.

Section 6. (a) A covered health care reporter shall submit the required reports directly to SHPDA. The reports may be submitted electronically after SHPDA has the capability to accept the reports in an electronic format. SHPDA shall provide for the acceptance of the electronic filing of the mandatory reports within six months of the effective date of rules adopted to carry out this act.

(b) If SHPDA is unable to electronically accept the mandatory reports within 12 months of adoption of the rules necessary to carry out this act, this act shall be null and void.

Section 7. The SHPDA may not use or release any information obtained from the reports provided under this act which would enable any person to determine any covered health care reporter's The SHPDA may not request any information from a healthcare reporter that requires the submission of proprietary or confidential matters, such as negotiated discounts with specific insurers, health service corporations, or health benefit plans. The SHPDA may not require any reporting that could be used to identify a patient of a covered health care reporter.

Section 8. SHPDA shall impose an administrative penalty against a covered health care reporter that fails to comply with this act in an amount not to exceed five thousand dollars ($5,000) if the covered health care reporter is a rural health care provider or ten thousand dollars ($10,000) for all covered health care reporters and the covered health care reporter may not participate in the CON review process either as an applicant for a CON or in opposition to a CON application until the covered health care reporter is in compliance with this act. Within one year after the effective date of this act, SHPDA, following advice and guidance from the Health Care Information and Data Council, shall adopt rules pursuant to the Administrative Procedure Act necessary to implement this section.

Section 9. Nothing in this act shall prohibit a purchaser from obtaining information from a covered health care reporter. The obligation of providing the purchaser, on terms consistent with past practices, data or information previously provided, or additional data or information not currently provided to a purchaser by the covered health care reporter pursuant to any existing or future arrangement, agreement, or understanding shall not be affected by this act.

Section 10. (a) SHPDA shall utilize the data and information received from covered health care reporters for the benefit of the public and public officials. The data and information obtained by SHPDA pursuant to this act, including a summary, shall be reported to the SHCC and the Certificate of Need Review Board at least annually.

(b) SHPDA shall follow the advice and guidance of the Health Care Information and Data Council as to what reports, publications, or studies may be compiled using the data required to be collected in this act.

(c) All approved reports, publications, or studies prepared by SHPDA shall be public records and shall be made available to the public for a reasonable fee.

(d) Covered health care reports from individual providers shall continue to be available to the public and the SHPDA may charge a reasonable fee for copies of these reports.

Section 11. SHPDA may bring civil actions in any court of competent jurisdiction to enforce compliance with this act or any requirement or appropriate request of SHPDA made pursuant to this act.

Section 12. This act shall not affect any current law or laws which provide authority or jurisdiction for the SHPDA, the Certificate of Need Review Board, or the SHCC except as provided herein, or which provide requirements to obtain a certificate of need in this state. This act shall be supplemental to any existing laws.

Section 13. The information collected pursuant to this act shall be used to assist the SHPDA, the Certificate of Need Review Board, and the SHCC to provide health planning and development services for the citizens of Alabama. The information generated by these reports may not be used by SHPDA or any other agency or unit of state government for any other purpose.

Section 14. This act shall become effective immediately following its passage and approval by the Governor, or its otherwise becoming law.

Health

State Health Planning and Development Agency

Health Care Information and Data Collection Advisory Council

Hospitals

Nursing Homes