Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 36 No. 13, April 2, 2010 issue of the Florida Administrative Weekly.

The above referenced proposed rules are being changed to address comments from staff of The Florida Legislature Joint Administrative Procedures Committee (JAPC). The proposed rules were originally published in Vol. 36, No. 13, Florida Administrative Weekly, April 2, 2010. JAPC has indicated that the proposed definition of “electronic format” in Rule 59B-16.001, F.A.C., is vague and should be clarified. JAPC indicated that Rule 59B-16.002, F.A.C., does not contain any provisions related to electronic forms as required by Section 408.051, Florida Statutes and that the electronic versions of the forms should be incorporated by reference. JAPC commented that Florida Statutes prohibits an agency from collecting social security numbers unless it is imperative for the performance of that agency’s duties and responsibilities. JAPC requested that the Agency review and revise the proposed forms. Accordingly, these sections have been changed so that when adopted they will read as follows:

59B-16.001 Definitions.

As used in Rules 59B-16.001 through 59B-16.003, F.A.C.:

(1) “Health care provider” means any other person or organization that furnishes, bills, or is paid for health care services in the normal course of business.

(2) “Electronic format” means an electronic copy of the forms provided in Rule 59B-16.002, F.A.C., in a Portable Document Format (PDF). ~~“Electronic format” means~~ a form as provided in Rule 59B-16.002, F.A.C., that is completed, signed electronically and transmitted electronically to the health care provider if the signature is validated by the provider or third party on behalf of the provider through an authentication process consistent with national standards recognized by the Office of the National Coordinator for Health Information Technology.

Rulemaking Authority 408.15(8) FS. Law Implemented 408.051(4) FS. History–New________.

59B-16.002 Universal Patient Authorization Forms.

(1) The Universal Patient Authorization Form for Full Disclosure of Health Information for Treatment and Quality of Care including instructions for completing the form is posted at: www.FHIN.net. The form may be printed, completed, signed and scanned into an electronic format as provided in subsection 59B-16.001(2), F.A.C. The Universal Patient Authorization Form for Full Disclosure of Health Information for Treatment and Quality of Care dated 3.1.10 is incorporated by reference as AHCA Form FC4200-004.

(2) The Universal Patient Authorization Form for Limited Disclosure of Health Information including instructions for completing the form is posted at: www.FHIN.net. The form may be printed, completed, signed and scanned into an electronic format as provided in subsection 59B-16.001(2), F.A.C. The Universal Patient Authorization Form for Limited Disclosure of Health Information dated 3.1.10 is incorporated by reference as AHCA Form FC4200-005.

Rulemaking Authority 408.15(8) FS. Law Implemented 408.051(4) FS. History–New________.