Bill Text: FL S1660 | 2013 | Regular Session | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Quality Cancer Care and Research

Spectrum: Bipartisan Bill

Status: (Passed) 2013-05-20 - Chapter No. 2013-50, companion bill(s) passed, see SB 1500 (Ch. 2013-40) [S1660 Detail]

Download: Florida-2013-S1660-Comm_Sub.html

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       Florida Senate - 2013                             CS for SB 1660
       
       
       
       By the Committee on Children, Families, and Elder Affairs; and
       Senator Flores
       
       
       
       586-02627-13                                          20131660c1
    1                        A bill to be entitled                      
    2         An act relating to quality cancer care and research;
    3         creating s. 381.925, F.S.; providing legislative
    4         intent and goals; establishing a Cancer Center of
    5         Excellence Award for providers that excel in providing
    6         cancer care and treatment in this state; requiring the
    7         Florida Cancer Control and Research Advisory Council
    8         and the Biomedical Research Advisory Council to
    9         jointly develop performance measures, a rating system,
   10         and a rating standard in accordance with specified
   11         criteria for applicants to qualify for the award;
   12         providing minimum standards; authorizing a provider to
   13         apply to the Department of Health for the award;
   14         requiring the Florida Cancer Control and Research
   15         Advisory Council and the Biomedical Research Advisory
   16         Council to jointly develop an application form;
   17         requiring the department to conduct two application
   18         cycles each year; specifying that ch. 120, F.S., does
   19         not apply to the applications or notification of
   20         entities that are eligible for the award; requiring
   21         the State Surgeon General to assemble an evaluation
   22         team to assess applications; requiring each
   23         application to be evaluated independently of any other
   24         application; providing membership of and requirements
   25         for the evaluation team; providing duties of the
   26         members of the evaluation team; requiring the State
   27         Surgeon General to notify the Governor of the
   28         providers that are eligible to receive the award;
   29         limiting the duration of the award; authorizing an
   30         award-winning cancer provider to use the designation
   31         in its advertising and marketing; providing that an
   32         award-winning cancer provider is granted preference in
   33         competitive solicitations for a specified period of
   34         time; requiring the State Surgeon General to report to
   35         the Legislature by a specified date, and annually
   36         thereafter, the status of implementing the award
   37         program; requiring the Department of Health to adopt
   38         rules related to the application cycles and submission
   39         of the application forms; amending s. 215.5602, F.S.;
   40         revising the responsibilities of the Biomedical
   41         Research Advisory Council with regard to the Cancer
   42         Center of Excellence Award program; amending s.
   43         381.922, F.S.; authorizing endowments under the
   44         William G. “Bill” Bankhead, Jr., and David Coley
   45         Cancer Research Program for establishing funded
   46         research chairs at research institutions contingent
   47         upon an appropriation; requiring submission of
   48         proposals; requiring that research institutions report
   49         certain information regarding the selected research
   50         chair of the endowment and other information about the
   51         endowment; providing for qualifications of the chair;
   52         specifying the use of the funds in the endowment;
   53         amending s. 1004.435, F.S.; revising the
   54         responsibilities of the Florida Cancer Control and
   55         Research Advisory Council with regard to the Cancer
   56         Center of Excellence Award program; providing an
   57         effective date.
   58  
   59  Be It Enacted by the Legislature of the State of Florida:
   60  
   61         Section 1. Section 381.925, Florida Statutes, is created to
   62  read:
   63         381.925 Cancer Center of Excellence Award.—
   64         (1) The Legislature intends to recognize hospitals,
   65  treatment centers, and other providers in this state which
   66  demonstrate excellence in patient-centered, coordinated care for
   67  persons undergoing cancer treatment and therapy in this state.
   68  The goal of this program is to encourage excellence in cancer
   69  care in this state, attract and retain the best cancer care
   70  providers to the state, and help Florida providers be recognized
   71  nationally as a preferred destination for quality cancer care.
   72  The Cancer Center of Excellence Award will recognize providers
   73  that exceed service standards and excel in providing a quality,
   74  comprehensive, and patient-centered, coordinated care program.
   75         (2) The Florida Cancer Control and Research Advisory
   76  Council, established in s. 1004.435, and the Biomedical Research
   77  Advisory Council, established in s. 215.5602, shall jointly
   78  develop rigorous performance measures, a rating system, and a
   79  rating standard that must be achieved to document and
   80  distinguish a cancer center that excels in providing a quality,
   81  comprehensive, and patient-centered coordinated care program. At
   82  a minimum, the criteria must require that each hospital,
   83  treatment center, or other provider:
   84         (a) Maintain a license in this state which authorizes
   85  health care services to be provided. A provider may not have
   86  been disciplined or subjected to any administrative enforcement
   87  action by state or federal regulatory authorities within the
   88  preceding 3 years.
   89         (b) Be accredited by the Commission on Cancer of the
   90  American College of Surgeons.
   91         (c) Actively participate in at least one regional cancer
   92  control collaborative that is operating pursuant to the Florida
   93  Comprehensive Cancer Control Program’s cooperative agreement
   94  with the Centers for Disease Control and Prevention’s National
   95  Comprehensive Cancer Control Program.
   96         (d) Meet enhanced cancer care coordination standards set by
   97  the councils which, at a minimum, focus on:
   98         1. Coordination of care by cancer specialists and nursing
   99  and allied health professionals.
  100         2. Psychosocial assessment and services.
  101         3. Suitable and timely referrals and followup.
  102         4. Providing accurate and complete information on treatment
  103  options, including clinical trials, which consider each person’s
  104  needs, preferences, and resources, whether provided by that
  105  center or available through other health care providers.
  106         5. Participation in a comprehensive network of cancer
  107  specialists of multiple disciplines, which enables the patient
  108  to consult with a variety of experts to examine treatment
  109  alternatives.
  110         6. Family services and support.
  111         7. Aftercare and survivor services.
  112         8. Patient and family satisfaction survey results.
  113         (3)(a) A provider may apply to the Department of Health for
  114  a Cancer Center of Excellence Award. The Florida Cancer Control
  115  and Research Advisory Council and the Biomedical Research
  116  Advisory Council shall jointly develop an application form that
  117  requires, among other things, submission of documentation by the
  118  provider which demonstrates that the criteria in subsection (2)
  119  have been met.
  120         (b) The Department of Health shall annually conduct two
  121  application cycles. The applications are not applications for
  122  licensure; the notification by the State Surgeon General to the
  123  Governor of the entities that are eligible for the award is not
  124  final agency action; and the Cancer Center of Excellence Award
  125  program is not subject to the provisions of chapter 120.
  126         (4)(a) The State Surgeon General shall appoint a team of
  127  independent evaluators to assess applicants to determine
  128  eligibility for the award. An application is to be evaluated
  129  independently of any other application. The team shall consist
  130  of five evaluators to be selected, in any combination, from the
  131  following:
  132         1. No more than five health care practitioners or health
  133  care facilities not licensed in this state which provide health
  134  care services involving cancer diagnoses or treatment;
  135         2. No more than three members from the Florida Cancer
  136  Control and Research Advisory Council;
  137         3. No more than two members from the Biomedical Research
  138  and Advisory Council; and
  139         4. No more than one layperson who has experience as a
  140  cancer patient or as a family member of a cancer patient if that
  141  person or his or her family member did not receive care from the
  142  applicant or providers being evaluated.
  143         (b) Each evaluator must be independent and free of any
  144  conflict of interest with respect to a health care provider or
  145  facility licensed in this state. Each person selected to
  146  participate on the evaluation team must sign a conflict of
  147  interest attestation before being appointed to the evaluation
  148  team.
  149         (5)(a) Two evaluation team members may, as necessary,
  150  verify onsite documentation submitted with an application for
  151  the award.
  152         (b) Each member on the evaluation team shall report to the
  153  State Surgeon General those applicants that achieved or exceeded
  154  the required score based on the rating system developed in
  155  subsection (2) which demonstrates the cancer center excels in
  156  providing a quality, comprehensive, and patient-centered
  157  coordinated care program.
  158         (6) The State Surgeon General shall notify the Governor
  159  regarding the providers that are eligible to receive the Cancer
  160  Center of Excellence Award.
  161         (7) The award shall be recognized for a period of 3 years
  162  from the date of the award. A provider may reapply for
  163  subsequent awards.
  164         (8) A provider that receives a Cancer Center of Excellence
  165  Award may use the designation in its advertising and marketing
  166  for up to 3 years from the date of the award. In addition, a
  167  provider that receives a Cancer Center of Excellence Award may
  168  be granted, for 3 years from the date of the award, a preference
  169  in competitive solicitations undertaken by a state agency or
  170  state university.
  171         (9) The State Surgeon General shall report to the President
  172  of the Senate and the Speaker of the House of Representatives by
  173  January 31, 2014, and annually thereafter, the status of
  174  implementing the Cancer Center of Excellence Award program,
  175  metrics on the number of applications received and the number of
  176  award recipients by application cycle, a list of award
  177  recipients, and recommendations for legislation to strengthen
  178  the program.
  179         (10) The Department of Health shall adopt rules related to
  180  the application cycles and submission of the application form.
  181         Section 2. Paragraph (j) is added to subsection (4) of
  182  section 215.5602, Florida Statutes, to read:
  183         215.5602 James and Esther King Biomedical Research
  184  Program.—
  185         (4) The council shall advise the State Surgeon General as
  186  to the direction and scope of the biomedical research program.
  187  The responsibilities of the council may include, but are not
  188  limited to:
  189         (j) The council shall, with the Florida Cancer Control and
  190  Research Advisory Council, jointly develop performance measures,
  191  a rating system, a rating standard, and an application form for
  192  the Cancer Center of Excellence Award created in s. 381.925. The
  193  council shall also support the State Surgeon General in
  194  implementing the award program by ensuring that at least two
  195  members of the council, who must be independent of the
  196  applicants for the award, are available to serve on the
  197  evaluation team as requested by the State Surgeon General. The
  198  council shall advise the State Surgeon General with respect to
  199  the Cancer Center for Excellence Award program.
  200         Section 3. Subsection (4) of section 381.922, Florida
  201  Statutes, is renumbered as subsection (5), and a new subsection
  202  (4) is added to that section, to read:
  203         381.922 William G. “Bill” Bankhead, Jr., and David Coley
  204  Cancer Research Program.—
  205         (4) In order to attract and retain experienced research
  206  talent and attendant national grant-producing researchers to
  207  cancer research institutions in this state, the Department of
  208  Health shall award endowments to cancer research institutions
  209  for establishing a funded research chair, pursuant to the
  210  General Appropriations Act specifying an appropriation for this
  211  purpose. The purpose of the endowment is to provide a secure
  212  funding for at least 7 years to attract an experienced and
  213  promising researcher whose continued employment for this period
  214  is not contingent upon grant awards associated with time-limited
  215  research projects. In addition, the Legislature intends for a
  216  chair to specialize in a cancer-related research field that will
  217  facilitate coordination among research institutions within the
  218  state and attract other promising researchers and funding to the
  219  state.
  220         (a) Any research institution funded pursuant to this
  221  subsection shall provide to the Governor, the President of the
  222  Senate, and the Speaker of the House of Representatives a report
  223  that must, at a minimum, describe the research program and
  224  general responsibilities of the researcher who is to selected
  225  for the endowed chair. Upon final selection of the research
  226  chair, or if it becomes necessary to identify a replacement
  227  research chair, the research institution shall notify the chair
  228  of the Appropriations Committee of the Senate and the chair of
  229  the Appropriations Committee of the House of Representatives the
  230  research chair’s name, the endowment budget, and the specific
  231  research responsibilities. The research institution shall
  232  annually report to the President of the Senate and the Speaker
  233  of the House of Representatives the research chair’s name,
  234  current salary, research responsibilities, percentage of time
  235  devoted to research if the chair also serves as a member of the
  236  faculty, reports on research progress and progress toward
  237  achieving the goals of this program, endowment expenditures and
  238  balance, interest rate, and interest earned on the endowment.
  239         Section 4. Paragraph (r) of subsection (4) of section
  240  1004.435, Florida Statutes, is redesignated as paragraph (s),
  241  and a new paragraph (r) is added to that subsection, to read:
  242         1004.435 Cancer control and research.—
  243         (4) FLORIDA CANCER CONTROL AND RESEARCH ADVISORY COUNCIL;
  244  CREATION; COMPOSITION.—
  245         (r) The council shall, with the Biomedical Research
  246  Advisory Council, jointly develop performance measures, a rating
  247  system, a rating standard, and an application form for the
  248  Cancer Center of Excellence Award created in s. 381.925. The
  249  council shall also support the State Surgeon General in
  250  implementing the Cancer Center of Excellence Award program by
  251  ensuring that at least three members of the council, who must be
  252  independent of the applicants for the award, are available to
  253  serve on the evaluation team as requested by the State Surgeon
  254  General. The council shall advise the State Surgeon General with
  255  respect to the Cancer Center for Excellence Award program.
  256         Section 5. This act shall take effect July 1, 2013.