Bill Text: FL S1660 | 2013 | Regular Session | Engrossed

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-Engrossed.html

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       CS for CS for SB 1660                           Second Engrossed
       
       
       
       
       
       
       
       
       20131660e2
       
    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 each
    9         select a certain number of members to form a joint
   10         committee to develop and periodically update
   11         performance measures, a rating system, and a rating
   12         standard in accordance with specified criteria for
   13         applicants to qualify for the award; requiring
   14         approval by both councils of the performance measures,
   15         rating system, and rating standard developed by the
   16         joint committee; providing minimum standards;
   17         prohibiting members of the joint committee from being
   18         compensated, but authorizing reimbursement for travel
   19         and other necessary expenses; authorizing a provider
   20         to apply to the Department of Health for the award;
   21         requiring the joint committee to develop an
   22         application form; requiring the department to conduct
   23         two application cycles each year; specifying that ch.
   24         120, F.S., does not apply to the applications for or
   25         the award of the grant by the State Surgeon General;
   26         requiring the State Surgeon General to assemble an
   27         evaluation team to assess applications; requiring each
   28         application to be evaluated independently of any other
   29         application; providing membership of and requirements
   30         for the evaluation team; providing duties of the
   31         members of the evaluation team; requiring the award to
   32         be presented to eligible institutions by the Governor
   33         and the State Surgeon General; limiting the duration
   34         of the award; authorizing an award-winning cancer
   35         provider to use the designation in its advertising and
   36         marketing; providing that an award-winning cancer
   37         provider is granted preference in competitive
   38         solicitations related to cancer care or research for a
   39         specified period of time; requiring the State Surgeon
   40         General to report certain information to the
   41         Legislature by a specified date and annually
   42         thereafter; requiring the Department of Health to
   43         adopt rules related to the application cycles and
   44         submission of the application forms; amending s.
   45         215.5602, F.S.; revising the responsibilities of the
   46         Biomedical Research Advisory Council with regard to
   47         the Cancer Center of Excellence Award program;
   48         requiring entities receiving an appropriation in the
   49         General Appropriations Act to submit an annual fiscal
   50         year progress report to the Legislature by a specified
   51         date; amending s. 381.922, F.S.; authorizing
   52         endowments, subject to an appropriation, under the
   53         William G. “Bill” Bankhead, Jr., and David Coley
   54         Cancer Research Program for establishing funded
   55         research chairs at integrated research and care
   56         institutions; providing procedures if the endowed
   57         research chair becomes vacant; requiring that research
   58         institutions report certain information regarding the
   59         selected endowed research chair and other information
   60         about the endowment; providing for qualifications of
   61         the endowed research chair; specifying the use of the
   62         funds in the endowment; amending s. 1004.435, F.S.;
   63         revising the responsibilities of the Florida Cancer
   64         Control and Research Advisory Council with regard to
   65         the Cancer Center of Excellence Award program;
   66         providing an effective date.
   67  
   68  Be It Enacted by the Legislature of the State of Florida:
   69  
   70         Section 1. Section 381.925, Florida Statutes, is created to
   71  read:
   72         381.925 Cancer Center of Excellence Award.—
   73         (1) The Legislature intends to recognize hospitals,
   74  treatment centers, and other providers in this state which
   75  demonstrate excellence in patient-centered coordinated care for
   76  persons undergoing cancer treatment and therapy in this state.
   77  The goal of this program is to encourage excellence in cancer
   78  care in this state, attract and retain the best cancer care
   79  providers to the state, and help Florida providers be recognized
   80  nationally as a preferred destination for quality cancer care.
   81  The Cancer Center of Excellence Award will recognize providers
   82  that exceed service standards and excel in providing quality,
   83  comprehensive, and patient-centered coordinated care.
   84         (2) The Florida Cancer Control and Research Advisory
   85  Council, established in s. 1004.435, and the Biomedical Research
   86  Advisory Council, established in s. 215.5602, shall select seven
   87  members and six members, respectively, to form a joint
   88  committee.
   89         (a) The joint committee, consisting of 13 members, shall:
   90         1. By January 1, 2014, develop rigorous performance
   91  measures, a rating system, and a rating standard that must be
   92  achieved to document and distinguish a cancer center that excels
   93  in providing quality, comprehensive, and patient-centered
   94  coordinated care.
   95         2. Review at least every 3 years and revise, if applicable,
   96  the performance measures, rating system, and rating standard to
   97  ensure providers are continually enhancing their programs to
   98  reflect best practices and advances in cancer treatment and care
   99  from the perspective of quality, comprehensive, and patient
  100  centered coordinated care.
  101         3. Submit its proposed performance measures, rating system,
  102  and rating standard to the Florida Cancer Control and Research
  103  Advisory Council and the Biomedical Research Advisory Council to
  104  be approved by both councils prior to the evaluation of any
  105  provider under such criteria.
  106         (b) The criteria established by the joint committee must
  107  require, at a minimum, that each hospital, treatment center, or
  108  other provider:
  109         1. Maintain a license in good standing in this state which
  110  authorizes health care services to be provided.
  111         2. Be accredited by the Commission on Cancer of the
  112  American College of Surgeons.
  113         3. Actively participate in at least one regional cancer
  114  control collaborative that is operating pursuant to the Florida
  115  Comprehensive Cancer Control Program’s cooperative agreement
  116  with the Centers for Disease Control and Prevention’s National
  117  Comprehensive Cancer Control Program.
  118         4. Demonstrate excellence in and dissemination of
  119  scientifically rigorous cancer research.
  120         5. Integrate training and education of biomedical
  121  researchers and health care professionals.
  122         6. Meet enhanced cancer care coordination standards which,
  123  at a minimum, focus on:
  124         a. Coordination of care by cancer specialists and nursing
  125  and allied health professionals.
  126         b. Psychosocial assessment and services.
  127         c. Suitable and timely referrals and followup.
  128         d. Providing accurate and complete information on treatment
  129  options, including clinical trials, which consider each person’s
  130  needs, preferences, and resources, whether provided by that
  131  center or available through other health care providers.
  132         e. Participation in a comprehensive network of cancer
  133  specialists of multiple disciplines, which enables the patient
  134  to consult with a variety of experts to examine treatment
  135  alternatives.
  136         f. Family services and support.
  137         g. Aftercare and survivor services.
  138         h. Patient and family satisfaction survey results.
  139         (c) The members of the joint committee shall serve without
  140  compensation but may receive reimbursement as provided in s.
  141  112.061 for travel and other necessary expenses incurred in the
  142  performance of their official duties.
  143         (d) The Department of Health shall provide such staff,
  144  information, and other assistance as is reasonably necessary to
  145  assist the joint committee in carrying out its responsibilities.
  146         (3)(a) A provider may apply to the Department of Health for
  147  a Cancer Center of Excellence Award. The joint committee must
  148  develop an application form to be used by the Department of
  149  Health that requires, among other things, submission of
  150  documentation by the provider which demonstrates that the
  151  criteria in subsection (2) have been met.
  152         (b) After January 1, 2014, the Department of Health shall
  153  annually conduct two application cycles. The applications are
  154  not applications for licensure; the grant of the award by the
  155  State Surgeon General is not final agency action; and the Cancer
  156  Center of Excellence Award program is not subject to the
  157  provisions of chapter 120.
  158         (4)(a) The State Surgeon General shall appoint a team of
  159  independent evaluators to assess applicants to determine
  160  eligibility for the award. An application is to be evaluated
  161  independently of any other application. The team shall consist
  162  of five evaluators to be selected, in any combination, from the
  163  following:
  164         1. No more than five health care practitioners or health
  165  care facilities not licensed in this state which provide health
  166  care services involving cancer diagnoses or treatment;
  167         2. No more than three members from the Florida Cancer
  168  Control and Research Advisory Council;
  169         3. No more than two members from the Biomedical Research
  170  and Advisory Council; and
  171         4. No more than one layperson who has experience as a
  172  cancer patient or as a family member of a cancer patient if that
  173  person or his or her family member did not receive care from the
  174  applicant or providers being evaluated.
  175         (b) Each evaluator must be independent and free of any
  176  conflict of interest with respect to a health care provider or
  177  facility licensed in this state. Each person selected to
  178  participate on the evaluation team must sign a conflict of
  179  interest attestation before being appointed to the evaluation
  180  team.
  181         (5)(a) Two evaluation team members may, as necessary,
  182  conduct an onsite evaluation to verify submitted application
  183  documentation.
  184         (b) Each member on the evaluation team shall report to the
  185  State Surgeon General those applicants that achieved or exceeded
  186  the required score based on the rating system developed in
  187  subsection (2) which demonstrates the cancer center excels in
  188  providing quality, comprehensive, and patient-centered
  189  coordinated care.
  190         (6) The State Surgeon General shall notify the Governor
  191  regarding the providers that are eligible to receive the Cancer
  192  Center of Excellence Award.
  193         (7) The award shall be recognized for a period of 3 years
  194  after the date of the award. A provider may reapply for
  195  subsequent awards.
  196         (8) A provider that receives a Cancer Center of Excellence
  197  Award may use the designation in its advertising and marketing
  198  for up to 3 years after the date of the award. In addition, a
  199  provider that receives a Cancer Center of Excellence Award may
  200  be granted, for 3 years after the date of the award, a
  201  preference in competitive solicitations related to cancer care
  202  or research undertaken by a state agency or state university.
  203         (9) The State Surgeon General shall report to the President
  204  of the Senate and the Speaker of the House of Representatives by
  205  January 31, 2014, the status of implementing the Cancer Center
  206  of Excellence Award program, and by December 15 annually
  207  thereafter, the number of applications received, the number of
  208  award recipients by application cycle, a list of award
  209  recipients, and recommendations to strengthen the program.
  210         (10) The Department of Health shall adopt necessary rules
  211  related to the application cycles and submission of the
  212  application form.
  213         Section 2. Paragraph (j) is added to subsection (4) of
  214  section 215.5602, Florida Statutes, and subsection (12) of that
  215  section is amended, to read:
  216         215.5602 James and Esther King Biomedical Research
  217  Program.—
  218         (4) The council shall advise the State Surgeon General as
  219  to the direction and scope of the biomedical research program.
  220  The responsibilities of the council may include, but are not
  221  limited to:
  222         (j) The council shall select, by majority vote, six members
  223  of the council who must combine with seven members of the
  224  Florida Cancer Control and Research Advisory Council to form a
  225  joint committee to develop performance measures, a rating
  226  system, a rating standard, and an application form for the
  227  Cancer Center of Excellence Award created in s. 381.925.
  228         (12)(a) Beginning in the 2011-2012 fiscal year and
  229  thereafter, $25 million from the revenue deposited into the
  230  Health Care Trust Fund pursuant to ss. 210.011(9) and 210.276(7)
  231  shall be reserved for research of tobacco-related or cancer
  232  related illnesses. Of the revenue deposited in the Health Care
  233  Trust Fund pursuant to this section, $25 million shall be
  234  transferred to the Biomedical Research Trust Fund within the
  235  Department of Health. Subject to annual appropriations in the
  236  General Appropriations Act, $5 million shall be appropriated to
  237  the James and Esther King Biomedical Research Program, $5
  238  million shall be appropriated to the William G. “Bill” Bankhead,
  239  Jr., and David Coley Cancer Research Program created under s.
  240  381.922, $5 million shall be appropriated to the H. Lee Moffitt
  241  Cancer Center and Research Institute established under s.
  242  1004.43, $5 million shall be appropriated to the Sylvester
  243  Comprehensive Cancer Center of the University of Miami, and $5
  244  million shall be appropriated to the Shands Cancer Hospital.
  245         (b) Beginning July 1, 2014, an entity which performs or is
  246  associated with cancer research or care that receives a specific
  247  appropriation for biomedical research, research-related
  248  functions, operations or other supportive functions, or
  249  expansion of operations in the General Appropriations Act
  250  without statutory reporting requirements for the receipt of
  251  those funds, must submit an annual fiscal-year progress report
  252  to the President of the Senate and the Speaker of the House of
  253  Representatives by December 15. The report must:
  254         1. Describe the general use of the funds.
  255         2. Specify the research, if any, funded by the
  256  appropriation.
  257         3. Describe any fixed capital outlay project funded by the
  258  appropriation, the need for the project, how the project will be
  259  utilized, and the timeline for and status of the project, if
  260  applicable.
  261         4. Identify any federal or private grants or donations
  262  generated as a result of the appropriation or activities funded
  263  by the appropriation, if applicable and traceable.
  264         Section 3. Present subsection (4) of section 381.922,
  265  Florida Statutes, is renumbered as subsection (5), and a new
  266  subsection (4) is added to that section, to read:
  267         381.922 William G. “Bill” Bankhead, Jr., and David Coley
  268  Cancer Research Program.—
  269         (4) In order to attract and retain experienced research
  270  talent and attendant national grant-producing researchers to
  271  integrated cancer research and care institutions in this state,
  272  the Department of Health shall award endowments to integrated
  273  cancer research and care institutions for establishing a funded
  274  research chair, pursuant to the General Appropriations Act,
  275  specifying an appropriation for this purpose. Funding for the
  276  endowed chairs must be independent of funds appropriated
  277  pursuant to s. 215.5602(12). The purpose of the endowment is to
  278  provide secure funding for at least 7 years to attract an
  279  experienced and promising researcher whose continued employment
  280  for this period is not contingent upon grant awards associated
  281  with time-limited research projects. In addition, the
  282  Legislature intends for a research chair to specialize in a
  283  cancer-related research field that will facilitate coordination
  284  among research institutions within the state and attract other
  285  promising researchers and funding to the state.
  286         (a) Upon selection of an endowed research chair, the
  287  institution shall notify the chairs of the appropriations
  288  committees of the Senate and the House of Representatives. An
  289  institution funded pursuant to this subsection shall provide to
  290  the Governor, the President of the Senate, and the Speaker of
  291  the House of Representatives an annual progress report by
  292  December 15 that must, at a minimum, provide the research
  293  chair’s name; the amount of the endowment fund used for the
  294  chair’s salary; research responsibilities; the percentage of
  295  time devoted to research if the chair also serves as a member of
  296  the faculty; research progress; progress toward achieving the
  297  goals of this program; endowment expenditures; balance, interest
  298  rate, and interest earned on the endowment; and the amount of
  299  federal or private grants or donations generated, if any, as a
  300  result of the research chair’s efforts.
  301         (b) If an institution must replace an endowed research
  302  chair, the endowment must cease funding expenses associated with
  303  the endowed research chair, other than reasonable costs for
  304  recruitment, until a replacement chair has been retained. While
  305  the endowed research chair is vacant, the endowment must
  306  continue to earn interest and all earnings must be added to the
  307  balance of the endowment. A vacancy tolls the 7-year timeframe
  308  for the endowed research chair.
  309         Section 4. Present paragraph (r) of subsection (4) of
  310  section 1004.435, Florida Statutes, is redesignated as paragraph
  311  (s), and a new paragraph (r) is added to that subsection, to
  312  read:
  313         1004.435 Cancer control and research.—
  314         (4) FLORIDA CANCER CONTROL AND RESEARCH ADVISORY COUNCIL;
  315  CREATION; COMPOSITION.—
  316         (r) The council shall select, by majority vote, seven
  317  members of the council who must combine with six members of the
  318  Biomedical Research Advisory Council to form a joint committee
  319  to develop performance measures, a rating system, a rating
  320  standard, and an application form for the Cancer Center of
  321  Excellence Award created in s. 381.925.
  322         Section 5. This act shall take effect July 1, 2013.