HLS 15RS-624 ENGROSSED 2015 Regular Session HOUSE BILL NO. 498 BY REPRESENTATIVE TALBOT Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana. HEALTH SERVICES: Provides for transparency in health services pricing and healthcare quality measures 1 AN ACT 2To amend and reenact R.S. 40:1300.111 and 1300.113(A)(introductory paragraph), (1), and 3 (9), and to repeal R.S. 40:1300.113(B), relative to public information concerning 4 prices and quality of health services; to provide for legislative intent; to provide for 5 duties of the Department of Health and Hospitals relative to collecting and reporting 6 of healthcare data; to require promulgation of rules; and to provide for related 7 matters. 8Be it enacted by the Legislature of Louisiana: 9 Section 1. R.S. 40:1300.111 and 1300.113(A)(introductory paragraph), (1), and (9) 10are hereby amended and reenacted to read as follows: 11 §1300.111. Findings; legislative intent 12 A. The legislature hereby finds all of the following: 13 (1) As a result of rising health care healthcare costs, the shortage of health 14 professionals and health care healthcare services in many areas of the state, and the 15 concerns expressed by consumers, health care healthcare providers, third-party 16 payers, and others involved with making informed decisions regarding health care 17 healthcare services, treatment, and coverage, there is a need to have access to 18 provider specific health care healthcare cost, quality, and outcome data on health 19 care healthcare facilities, health care healthcare providers, and health plans as well Page 1 of 5 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 15RS-624 ENGROSSED HB NO. 498 1 as continued access to global patterns and trends in the availability, use, and charges 2 for health care healthcare services and the associated health circumstances. 3 (2) Due to the rapidly expanding availability of and access to patient 4 sensitive health care healthcare data, it is necessary to establish safeguards which 5 ensure the level of protection of patient encounter data that Louisiana citizens 6 deserve, and which protect the privacy of health information comprising data sets 7 that are reported and disseminated to improve the population health of this state. 8 B. It is the intent of the legislature to improve transparency in prices and care 9 quality measures by providing for the creation and maintenance of a useful and 10 comprehensive health service information database that can be publicly accessed in 11 a manner that ensures protection of individuals' confidential health information and 12 respects providers of care. 13 * * * 14 §1300.113. Data collection; powers and duties of the Department of Health and 15 Hospitals 16 A. The department, through the office of public health and in consultation 17 with the Health Data Panel, shall: 18 (1) Identify and define the health care healthcare cost, quality, and 19 performance data elements to be reported to the department in accordance with 20 existing national and international data standards for facilitating meaningful 21 comparison by consumers of costs for specific health care healthcare services and 22 specific quality of care measures between and among medical facilities, health care 23 healthcare providers, and health plans. Such data elements shall include, without 24 limitation, the items specified in Paragraph (9) of this Subsection. 25 * * * 26 (9)(a) Provide the process for Internet publication of provider and health plan 27 specific cost, quality, and performance data collected pursuant to this Part for access 28 and use by a consumer or requesting entity. At minimum, this data shall include all 29 of the following items: Page 2 of 5 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 15RS-624 ENGROSSED HB NO. 498 1 (i) Healthcare quality information that is easily understandable by the 2 average consumer and is published in a format that allows the user to compare such 3 information across providers to the extent practicable. 4 (ii) Data related to payments for health services rendered by healthcare 5 facilities and practitioners published in an interactive format from which the user can 6 generate reports of such data. 7 (iii) Data identifying at least fifteen of the most commonly used diagnosis 8 codes, at least fifteen of the most commonly used procedure codes, and any 9 emerging health trends for diagnosis and treatment related to hospitalization. The 10 department shall publish this data in a format that facilitates comparison of the data 11 from hospitals and other licensed health facilities of this state to similar data for 12 medical care rendered in other states, to the extent that such data is available. 13 (iv) A list of the hospitals and other licensed health facilities that are in 14 compliance with the reporting requirements promulgated by the department, and a 15 list of the hospitals and other licensed health facilities that are not in compliance with 16 such requirements. 17 (b) The department shall update the information provided for in this 18 Paragraph at least annually. 19 * * * 20 Section 2. R.S. 40:1300.113(B) is hereby repealed in its entirety. 21 Section 3. On or before December 1, 2015, the Department of Health and Hospitals 22shall promulgate all rules in accordance with the Administrative Procedure Act as are 23necessary to provide for online publication of data related to health services as specified in 24Section 1 of this Act. Page 3 of 5 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 15RS-624 ENGROSSED HB NO. 498 DIGEST The digest printed below was prepared by House Legislative Services. It constitutes no part of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)] HB 498 Engrossed 2015 Regular Session Talbot Abstract: Provides for transparency in health services pricing and healthcare quality measures through requirements for the Dept. of Health and Hospitals to publish online certain data on health services. Present law known as the La. Health Care Consumers' Right to Know, R.S. 40:1300.111 et seq., provides for duties of the Dept. of Health and Hospitals (DHH) relative to collecting and maintaining healthcare cost, quality, and performance data; and provides guidelines, requirements, and restrictions pertaining to the use of such data. Proposed law adds a provision indicating that the intent of present law and proposed law is to improve transparency in prices and care quality measures by providing for the creation and maintenance of a useful and comprehensive health service information database that can be publicly accessed in a manner that ensures protection of individuals' confidential health information and respects providers of care. Proposed law adds the following as specific data that DHH is required to collect and publish online pursuant to the La. Health Care Consumers' Right to Know law: (1)Healthcare quality information that is easily understandable and published in a format that allows the user to compare information across providers to the extent practicable. (2)Data related to payments for health services rendered by healthcare facilities and practitioners published in an interactive format from which the user can generate reports. (3)(a)Data identifying the following: (i)At least 15 of the most commonly used diagnosis codes. (ii)At least 15 of the most commonly used procedure codes. (iii)Any emerging health trends for diagnosis and treatment related to hospitalization. (b)Proposed law requires DHH to publish this data in a format that facilitates comparison of the data from hospitals and other licensed health facilities of this state to similar data for medical care rendered in other states, to the extent that such data is available. (4)(a)A list of the hospitals and other licensed health facilities that are in compliance with the reporting requirements promulgated by DHH. (b)A list of the hospitals and other licensed health facilities that are not in compliance with the reporting requirements promulgated by DHH. Proposed law requires DHH to update the information it collects and publishes pursuant to proposed law at least annually. Page 4 of 5 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 15RS-624 ENGROSSED HB NO. 498 Proposed law repeals present law providing that if sufficient funds are not appropriated to implement present law, the application of present law shall be suspended pending the appropriation of sufficient funds; and that in such case all accumulated healthcare data shall be stored with appropriate confidentiality safeguards, destroyed, or transferred to another agency or organization in accordance with present law. Proposed law requires DHH to promulgate all rules as are necessary to provide for online publication of data related to health services as specified in proposed law on or before Dec. 1, 2015. (Amends R.S. 40:1300.111 and 1300.113(A)(intro. para.), (1), and (9); Repeals R.S. 40:1300.113(B)) Page 5 of 5 CODING: Words in struck through type are deletions from existing law; words underscored are additions.