ENROLLED ACT No. 338 2015 Regular Session HOUSE BILL NO. 498 BY REPRESENTATIVES TALBOT AND WILLMOTT 1 AN ACT 2 To 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. 8 Be it enacted by the Legislature of Louisiana: 9 Section 1. R.S. 40:1300.111 and 1300.113(A)(introductory paragraph), (1), and (9) 10 are 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 20 as continued access to global patterns and trends in the availability, use, and charges 21 for health care healthcare services and the associated health circumstances. 22 (2) Due to the rapidly expanding availability of and access to patient 23 sensitive health care healthcare data, it is necessary to establish safeguards which 24 ensure the level of protection of patient encounter data that Louisiana citizens Page 1 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 498 ENROLLED 1 deserve, and which protect the privacy of health information comprising data sets 2 that are reported and disseminated to improve the population health of this state. 3 B. It is the intent of the legislature to improve transparency in prices and care 4 quality measures by providing for the creation and maintenance of a useful and 5 comprehensive health service information database that can be publicly accessed in 6 a manner that ensures protection of individuals' confidential health information and 7 respects providers of care. 8 * * * 9 §1300.113. Data collection; powers and duties of the Department of Health and 10 Hospitals 11 A. The department, through the office of public health and in consultation 12 with the Health Data Panel, shall: 13 (1) Identify and define the health care healthcare cost, quality, and 14 performance data elements to be reported to the department in accordance with 15 existing national and international data standards for facilitating meaningful 16 comparison by consumers of costs for specific health care healthcare services and 17 specific quality of care measures between and among medical facilities, health care 18 healthcare providers, and health plans. Such data elements shall include, without 19 limitation, the items specified in Paragraph (9) of this Subsection. 20 * * * 21 (9)(a) Provide the process for Internet publication of provider and health plan 22 specific cost, quality, and performance data collected pursuant to this Part for access 23 and use by a consumer or requesting entity. At minimum, this data shall include all 24 of the following items: 25 (i) Healthcare quality information that is easily understandable by the 26 average consumer and is published in a format that allows the user to compare such 27 information across providers to the extent practicable. 28 (ii) Data related to payments for health services rendered by healthcare 29 facilities and practitioners published in an interactive format from which the user can 30 generate reports of such data. Page 2 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 498 ENROLLED 1 (iii) Data identifying at least fifteen of the most commonly used diagnosis 2 codes, at least fifteen of the most commonly used procedure codes, and any 3 emerging health trends for diagnosis and treatment related to hospitalization. The 4 department shall publish this data in a format that facilitates comparison of the data 5 from hospitals and other licensed health facilities of this state to similar data for 6 medical care rendered in other states, to the extent that such data is available. 7 (iv) A list of the hospitals and other licensed health facilities that are in 8 compliance with the reporting requirements promulgated by the department, and a 9 list of the hospitals and other licensed health facilities that are not in compliance with 10 such requirements. 11 (b) The department shall update the information provided for in this 12 Paragraph at least annually. 13 * * * 14 Section 2. R.S. 40:1300.113(B) is hereby repealed in its entirety. 15 Section 3. On or before December 1, 2015, the Department of Health and Hospitals 16 shall promulgate all rules in accordance with the Administrative Procedure Act as are 17 necessary to provide for online publication of data related to health services as specified in 18 Section 1 of this Act. SPEAKER OF THE HOUSE OF REPRESENTATIVES PRESIDENT OF THE SENATE GOVERNOR OF THE STATE OF LOUISIANA APPROVED: Page 3 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions.