Bill Text: FL S1642 | 2013 | Regular Session | Introduced
Bill Title: H. Lee Moffitt Cancer Center and Research Institute
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2013-05-03 - Died in Health Policy, companion bill(s) passed, see CS/CS/SB 1720 (Ch. 2013-51) [S1642 Detail]
Download: Florida-2013-S1642-Introduced.html
Florida Senate - 2013 SB 1642 By Senator Latvala 20-00754B-13 20131642__ 1 A bill to be entitled 2 An act relating to the H. Lee Moffitt Cancer Center 3 and Research Institute; amending s. 1004.43, F.S.; 4 transferring oversight of the H. Lee Moffitt Cancer 5 Center and Research Institute to the Board of Trustees 6 of the University of South Florida; requiring the 7 Board of Trustees to enter into a lease agreement for 8 use of certain land and facilities; providing for the 9 terms of the lease; requiring the University of South 10 Florida and the Florida not-for-profit corporation 11 that governs and operates the H. Lee Moffitt Cancer 12 Center and Research Institute to enter into an 13 agreement to review construction plans and 14 specifications for consistency of certain criteria; 15 deleting the requirement that the President of the 16 University of South Florida, the chair of the Board of 17 Governors, other representatives of the state 18 universities, and others who are not doctors or 19 employees of the state serve as directors; deleting 20 the exemption that the president of the university 21 does not have to be elected by a majority vote of the 22 board; deleting the requirement that the Board of 23 Governors provide for certain approvals of the 24 articles of incorporation of the not-for-profit 25 corporation and use of land and facilities for certain 26 purposes; requiring the not-for-profit corporation to 27 have annual financial audits; requiring the not-for 28 profit corporation to provide equal employment 29 opportunities; providing for the governance and 30 operation of the facilities if the agreement between 31 the not-for-profit corporation and the Board of 32 Trustees of the University of South Florida, rather 33 than the Board of Governors, is terminated; requiring 34 the chief executive officer to report annually to the 35 Board of Governors on the educational activities of 36 the not-for-profit corporation; providing for the 37 creation and duties of an external advisory board; 38 providing an effective date. 39 40 Be It Enacted by the Legislature of the State of Florida: 41 42 Section 1. Section 1004.43, Florida Statutes, is amended to 43 read: 44 1004.43 H. Lee Moffitt Cancer Center and Research 45 Institute.—There is established the H. Lee Moffitt Cancer Center 46 and Research Institute, a statewide resource for basic and 47 clinical research and multidisciplinary approaches to patient 48 care. 49 (1) The Board of Trustees of the University of South 50 FloridaGovernorsshall enter into a leaseanagreement for the 51 useutilizationof the lands and facilities on the campus of the 52 University of South Floridato beknown as the H. Lee Moffitt 53 Cancer Center and Research Institute, including all furnishings, 54 equipment, and other chattels used in the operation of such 55 facilities, with a Florida not-for-profit corporation organized 56 solely for the purpose of governing and operating the H. Lee 57 Moffitt Cancer Center and Research Institute. The lease 58 agreement with the not-for-profit corporation must be rent free 59 so long as the not-for-profit corporation and its subsidiaries 60 use the lands and facilities primarily for research, education, 61 treatment, prevention, and the early detection of cancer or for 62 teaching and research programs conducted by the state 63 universities or other accredited medical schools or research 64 institutes. The lease agreement must provide for review of 65 construction plans and specifications by the university for 66 consistency with the university’s campus master plan, impact on 67 the university’s utilities infrastructure, and compliance with 68 applicable building code and general design characteristics and 69 compatibility with university architecture, as appropriate. The 70 not-for-profit corporation may, with the prior approval of the 71 Board of Governors, createeitherfor-profit or not-for-profit 72 corporate subsidiaries, or both, to fulfill its mission. The 73 not-for-profit corporation and any approved not-for-profit 74 subsidiary areshall beconclusively deemed corporations 75 primarily acting as instrumentalities of the state, pursuant to 76 s. 768.28(2), for purposes of sovereign immunity. For-profit 77 subsidiaries of the not-for-profit corporation may not compete 78 with for-profit health care providers in the delivery of 79 radiation therapy services to patients. The not-for-profit 80 corporation and its subsidiaries mayare authorized toreceive, 81 hold, invest, and administer property and any moneys received 82 from private, local, state, and federal sources, as well as 83 technical and professional income generated or derived from 84 practice activities of the institute, for the benefit of the 85 institute and the fulfillment of its mission. The affairs of the 86 corporation shall be managed by a board of directors who shall 87 serve without compensation. The President of the University of 88 South Florida and the chair of the Board of Governors, or his or 89 her designee, shall be directors of the not-for-profit 90 corporation., together with 5 representatives of the state91universities and no more than 14 nor fewer than 10 directors who92are not medical doctors or state employees. Each director has 93shall haveonly one vote, servesshall servea term of 3 years, 94 and may be reelected to the board. Other than the President of 95 the University of South Florida and the chair of the Board of 96 Governors, directors shall be elected by a majority vote of the 97 board. The chair of the board of directors shall be selected by 98 majority vote of the directors. 99(2) The Board of Governors shall provide in the agreement100with the not-for-profit corporation for the following:101(a) Approval of the articles of incorporation of the not102for-profit corporation by the Board of Governors.103(b) Approval of the articles of incorporation of any not104for-profit corporate subsidiary created by the not-for-profit105corporation.106(c) Utilization of lands, facilities, and personnel by the107not-for-profit corporation and its subsidiaries for research,108education, treatment, prevention, and the early detection of109cancer and for mutually approved teaching and research programs110conducted by the state universities or other accredited medical111schools or research institutes.112 (2)(d)The not-for-profit corporation shall cause the 113Preparation of anannual financial auditsauditof the not-for 114 profit corporation’s accounts and records to be prepared and the 115 accounts and records of any subsidiaries to be conducted by an 116 independent certified public accountant. EachTheannual 117 financial audit report mustshallinclude a management letter, 118 as defined in s. 11.45, and mustshallbe submitted to the 119 Auditor General and the Board of Governors. The Board of 120 Governors, the Auditor General, and the Office of Program Policy 121 Analysis and Government Accountability mayshall have the122authority torequire and receive from the not-for-profit 123 corporation and any subsidiaries or from their independent 124 auditor any detail or supplemental data relative to the 125 operation of the not-for-profit corporation or subsidiary. 126(e) Provision byThe not-for-profit corporation and its 127 subsidiaries shall provideofequal employment opportunities to 128 all persons regardless of race, color, religion, sex, age, or 129 national origin. 130 (3) The Board of Governors mayis authorized tosecure 131 comprehensive general liability protection, including 132 professional liability protection, for the not-for-profit 133 corporation and its subsidiaries pursuant to s. 1004.24. The 134 not-for-profit corporation and its subsidiaries areshall be135 exempt fromanyparticipation in any property insurance trust 136 fund established by law, including any property insurance trust 137 fund established pursuant to chapter 284, so long as the not 138 for-profit corporation and its subsidiaries maintain property 139 insurance protection with comparable or greater coverage limits. 140 (4) IfIn the event thatthe agreement between the not-for 141 profit corporation and the Board of Trustees of the University 142 of South FloridaGovernorsis terminated for any reason, the 143 Board of Governors shall resume governance and operation of such 144 facilities. 145 (5) The institute shall be administered by a chief 146 executive officer who servesshall serveat the pleasure of the 147 board of directors of the not-for-profit corporation and who has 148shall havethe following powers and duties subject to the 149 approval of the board of directors: 150 (a) The chief executive officer shall establish programs 151 thatwhichfulfill the mission of the institute in research, 152 education, treatment, prevention, and the early detection of 153 cancer; however, the chief executive officer mayshallnot 154 establish academic programs for which academic credit is awarded 155 and which terminate in the conference of a degree without prior 156 approval of the Board of Governors. 157 (b) The chief executive officer hasshall havecontrol over 158 the budget and the dollars appropriated or donated to the 159 institute from private, local, state, and federal sources, as 160 well as technical and professional income generated or derived 161 from practice activities of the not-for-profit corporation and 162 its subsidiaries. Technical and professional income generated 163 from practice activities may be shared between the not-for 164 profit corporation and its subsidiaries as determined by the 165 chief executive officer. However, professional income generated 166 by state university employees from practice activities at the 167 not-for-profit corporation and its subsidiaries mustshallbe 168 shared between the university and the not-for-profit corporation 169 and its subsidiaries only as determined by the chief executive 170 officer and the appropriate university dean or vice president. 171 (c) The chief executive officer shall appoint members to 172 carry out the research, patient care, and educational activities 173 of the institute and determine compensation, benefits, and terms 174 of service. Members of the institute areshall beeligible to 175 hold concurrent appointments at affiliated academic 176 institutions. State university faculty areshall beeligible to 177 hold concurrent appointments at the institute. 178 (d) The chief executive officer hasshall havecontrol over 179 the use and assignment of space and equipment within the 180 facilities. 181 (e) The chief executive officer hasshall havethe power to 182 create the administrative structure necessary to carry out the 183 mission of the institute. 184 (f) The chief executive officer shall report annuallyhave185a reporting relationshipto the Board of Governors or its 186 designee on the educational activities of the not-for-profit 187 corporation. 188 (g) The chief executive officer shall provide a copy of the 189 institute’s annual report to the Governor and Cabinet, the 190 President of the Senate, the Speaker of the House of 191 Representatives, and the chair of the Board of Governors. 192 (6) The board of directors of the not-for-profit 193 corporation shall create an external advisory boarda councilof 194 scientific advisers to the chief executive officer comprised of 195 leading researchers, physicians, and scientists. This board 196councilshall review programs and recommend research priorities 197 and initiatives so as to maximize the state’s investment in the 198 institute. The boardcouncilshall be appointed by the board of 199 directors of the not-for-profit corporation. Each member of the 200 boardcouncilshall be appointed to serve a 2-year term and may 201 be reappointed to the council. 202 (7) In carrying out the provisions of this section, the 203 not-for-profit corporation and its subsidiaries are not 204 “agencies” within the meaning of s. 20.03(11). 205 (8)(a) Records of the not-for-profit corporation and of its 206 subsidiaries are public records unless made confidential or 207 exempt by law. 208 (b) Proprietary confidential business information is 209 confidential and exempt from the provisions of s. 119.07(1) and 210 s. 24(a), Art. I of the State Constitution. However, the Auditor 211 General, the Office of Program Policy Analysis and Government 212 Accountability, and the Board of Governors, pursuant to their 213 oversight and auditing functions, must be given access to all 214 proprietary confidential business information upon request and 215 without subpoena and must maintain the confidentiality of 216 information so received. As used in this paragraph, the term 217 “proprietary confidential business information” means 218 information, regardless of its form or characteristics, which is 219 owned or controlled by the not-for-profit corporation or its 220 subsidiaries; is intended to be and is treated by the not-for 221 profit corporation or its subsidiaries as private and the 222 disclosure of which would harm the business operations of the 223 not-for-profit corporation or its subsidiaries; has not been 224 intentionally disclosed by the corporation or its subsidiaries 225 unless pursuant to law, an order of a court or administrative 226 body, a legislative proceeding pursuant to s. 5, Art. III of the 227 State Constitution, or a private agreement that provides that 228 the information may be released to the public; andwhichis 229 information concerning: 230 1. Internal auditing controls and reports of internal 231 auditors; 232 2. Matters reasonably encompassed in privileged attorney 233 client communications; 234 3. Contracts for managed-care arrangements, including 235 preferred provider organization contracts, health maintenance 236 organization contracts, and exclusive provider organization 237 contracts, and any documents directly relating to the 238 negotiation, performance, and implementation of any such 239 contracts for managed-care arrangements; 240 4. Bids or other contractual data, banking records, and 241 credit agreements the disclosure of which would impair the 242 efforts of the not-for-profit corporation or its subsidiaries to 243 contract for goods or services on favorable terms; 244 5. Information relating to private contractual data, the 245 disclosure of which would impair the competitive interest of the 246 provider of the information; 247 6. Corporate officer and employee personnel information; 248 7. Information relating to the proceedings and records of 249 credentialing panels and committees and of the governing board 250 of the not-for-profit corporation or its subsidiaries relating 251 to credentialing; 252 8. Minutes of meetings of the governing board of the not 253 for-profit corporation and its subsidiaries, except minutes of 254 meetings open to the public pursuant to subsection (8)(9); 255 9. Information that reveals plans for marketing services 256 that the corporation or its subsidiaries reasonably expect to be 257 provided by competitors; 258 10. Trade secrets as defined in s. 688.002, including: 259 a. Information relating to methods of manufacture or 260 production, potential trade secrets, potentially patentable 261 materials, or proprietary information received, generated, 262 ascertained, or discovered during the course of research 263 conducted by the not-for-profit corporation or its subsidiaries; 264 and 265 b. Reimbursement methodologies or rates; 266 11. The identity of donors or prospective donors of 267 property who wish to remain anonymous or any information 268 identifying such donors or prospective donors. The anonymity of 269 these donors or prospective donors must be maintained in the 270 auditor’s report; or 271 12. Any information received by the not-for-profit 272 corporation or its subsidiaries from an agency in this or 273 another state or nation or the Federal Government which is 274 otherwise exempt or confidential pursuant to the laws of this or 275 another state or nation or pursuant to federal law. 276 277 As used in this paragraph, the term “managed care” means systems 278 or techniques generally used by third-party payors or their 279 agents to affect access to and control payment for health care 280 services. Managed-care techniques most often include one or more 281 of the following: prior, concurrent, and retrospective review of 282 the medical necessity and appropriateness of services or site of 283 services; contracts with selected health care providers; 284 financial incentives or disincentives related to the use of 285 specific providers, services, or service sites; controlled 286 access to and coordination of services by a case manager; and 287 payor efforts to identify treatment alternatives and modify 288 benefit restrictions for high-cost patient care. 289 (9) Meetings of the governing board of the not-for-profit 290 corporation and meetings of the subsidiaries of the not-for 291 profit corporation at which the expenditure of dollars 292 appropriated to the not-for-profit corporation by the state are 293 discussed or reported must remain open to the public in 294 accordance with s. 286.011 and s. 24(b), Art. I of the State 295 Constitution, unless made confidential or exempt by law. Other 296 meetings of the governing board of the not-for-profit 297 corporation and of the subsidiaries of the not-for-profit 298 corporation are exempt from s. 286.011 and s. 24(b), Art. I of 299 the State Constitution. 300 (10) In addition to the continuing appropriation to the 301 institute provided in s. 210.20(2), any appropriation to the 302 institute provided in a general appropriations act shall be paid 303 directly to the board of directors of the not-for-profit 304 corporation by warrant drawn by the Chief Financial Officer from 305 the State Treasury. 306 Section 2. This act shall take effect July 1, 2013.