Florida Senate - 2016 COMMITTEE AMENDMENT Bill No. SB 378 Ì507618<Î507618 LEGISLATIVE ACTION Senate . House Comm: RCS . 10/20/2015 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Health Policy (Bean) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Section 391.224, Florida Statutes, is created to 6 read: 7 391.224 Pediatric Cardiac Advisory Council.— 8 (1) LEGISLATIVE FINDINGS AND INTENT.— 9 (a) The Legislature finds significant benefits in the 10 continued coordination of activities by several state agencies 11 regarding access to pediatric cardiac care in this state. It is 12 the intent of the Legislature that the Department of Health, the 13 department’s cardiac consultants, and the Agency for Health Care 14 Administration maintain their long-standing interagency teams 15 and agreements for the development and adoption of guidelines, 16 standards, and rules for those portions of the state cardiac 17 care system within the statutory authority of each agency. This 18 coordinated approach will continue to ensure the necessary 19 continuum of care for the pediatric cardiac patient. The 20 department has the leadership responsibility for this activity. 21 (b) It is further the intent of the Legislature to 22 establish the Pediatric Cardiac Advisory Council, a statewide, 23 inclusive council within the department. 24 (2) PEDIATRIC CARDIAC ADVISORY COUNCIL.— 25 (a) The State Surgeon General shall appoint the Pediatric 26 Cardiac Advisory Council for the purpose of advising the 27 department on the delivery of cardiac services to children. 28 (b) The chair of the council shall be elected from among 29 the council members every 2 years and may not serve more than 30 two consecutive terms. 31 (c) The council shall meet upon the call of the chair or 32 two or more voting members or upon the call of the State Surgeon 33 General, but must meet at least quarterly. Council meetings must 34 be conducted by teleconference or through other electronic means 35 when feasible. 36 (d) The council shall be composed of 11 members with 37 technical expertise in cardiac medicine. Members shall be 38 appointed by the State Surgeon General for staggered terms of 4 39 years. An employee of the department or a contracted consultant 40 paid by the department may not serve as an appointed member or 41 ex officio member of the council. Council members shall include 42 the following voting members: 43 1. Pediatric cardiologists or pediatric cardiovascular 44 surgeons that have been nominated by their respective chief 45 executive officers and approved by the State Surgeon General 46 from the following facilities for as long as such facilities 47 maintain their pediatric certificates of need: 48 a. All Children’s Hospital in St. Petersburg; 49 b. Arnold Palmer Hospital for Children in Orlando; 50 c. Joe DiMaggio Children’s Hospital in Hollywood; 51 d. Nicklaus Children’s Hospital in Miami; 52 e. St. Joseph’s Children’s Hospital in Tampa; 53 f. University of Florida Health Shands Hospital in 54 Gainesville; 55 g. University of Miami Holtz Children’s Hospital in Miami; 56 and 57 h. Wolfson Children’s Hospital in Jacksonville. 58 2. Two physicians at large, not associated with a facility 59 represented in subparagraph 1., who are pediatric cardiologists 60 or subspecialists with special expertise or experience in 61 dealing with children or adults with congenital heart disease. 62 These physicians shall be selected by the State Surgeon General 63 in consultation with the Deputy Secretary for Children’s Medical 64 Services and the Director of Children’s Medical Services. 65 3. One community physician who has special interest and 66 ongoing involvement in children with heart disease and who is 67 not associated with a facility represented in subparagraph 1., 68 or one community-based medical internist having experience with 69 adults with congenital heart disease. The community physician 70 shall be selected by the State Surgeon General in consultation 71 with the Deputy Secretary of Children’s Medical Services and the 72 Director of the Division of Children’s Medical Services. 73 (e) The State Surgeon General may appoint nonvoting 74 advisory members to the council in consultation with the Deputy 75 Secretary for Children’s Medical Services and the Director of 76 Children’s Medical Services. Such members may participate in 77 council discussions and subcommittees created by the council, 78 but may not vote. 79 (f) The duties of the council include, but are not limited 80 to: 81 1. Recommending standards for personnel, diagnoses, 82 clinics, and facilities rendering cardiac services to the 83 department and the Division of Children’s Medical Services. 84 2. Analyzing reports on the periodic review of cardiac 85 personnel, diagnoses, clinics, and facilities to determine if 86 established state and national standards for cardiac services 87 are met. 88 3. Making recommendations to the Director of Children’s 89 Medical Services as to the approval or disapproval of reviewed 90 cardiac care personnel, diagnoses, clinics, and facilities. 91 4. Making recommendations as to the intervals for 92 reinspection of approved personnel, diagnoses, clinics, and 93 facilities for cardiac care. 94 5. Reviewing and inspecting hospitals upon the request of 95 the hospitals or the Agency for Health Care Administration to 96 determine if established state and national standards for 97 cardiac services are met. 98 6. Providing input on all aspects of the state’s Children’s 99 Medical Services cardiac programs, including rulemaking. 100 7. Addressing all components of the care of adults and 101 children with congenital heart disease and children with 102 acquired heart disease, as indicated and appropriate. 103 8. Abiding by the recognized state and national 104 professional standards of care for children with heart disease. 105 9. Making recommendations to the State Surgeon General for 106 legislation and appropriations for children’s cardiac services. 107 10. Providing advisory opinions to the Agency for Health 108 Care Administration before the agency approves a certificate of 109 need for children’s cardiac services. 110 (g) A council member shall serve without compensation, but 111 is entitled to reimbursement for per diem and travel expenses in 112 accordance with s. 112.061. 113 (h) At the recommendation of the Pediatric Cardiac Advisory 114 Council and with the approval of the Director of Children’s 115 Medical Services, the State Surgeon General shall designate 116 facilities meeting the council’s approved state and national 117 professional standards of care for children with heart disease 118 as “Pediatric and Congenital Cardiovascular Centers of 119 Excellence.” The designation is withdrawn automatically if a 120 particular center no longer meets such standards. 121 1. The council shall develop and recommend to the State 122 Surgeon General measurable performance standards and goals for 123 determining whether a facility meets the requirements for 124 designation as a “Pediatric and Congenital Cardiovascular Center 125 of Excellence.” 126 2. The council shall develop and recommend to the State 127 Surgeon General evaluation tools for measuring the goals and 128 performance standards of the facilities seeking and receiving 129 the “Pediatric and Congenital Cardiovascular Center of 130 Excellence” designation. 131 (3) RULEMAKING.—The department, in coordination with the 132 Agency for Health Care Administration, shall develop rules 133 related to pediatric cardiac facilities. The department may 134 adopt rules relating to the establishment, operations, and 135 authority of the Pediatric Cardiac Advisory Council and the 136 establishment, goals, performance standards, and evaluation 137 tools for designating facilities as Pediatric and Congenital 138 Cardiovascular Centers of Excellence. 139 (4) APPLICABILITY.—This section is intended to clarify 140 existing law, is remedial in nature, and shall apply 141 retroactively to rules already in existence without regard to 142 the date such rules were adopted. 143 Section 2. This act shall take effect July 1, 2016. 144 145 ================= T I T L E A M E N D M E N T ================ 146 And the title is amended as follows: 147 Delete everything before the enacting clause 148 and insert: 149 A bill to be entitled 150 An act relating to the Pediatric Cardiac Advisory 151 Council; creating s. 391.224, F.S.; providing 152 legislative findings and intent; creating the 153 Pediatric Cardiac Advisory Council; determining the 154 chair of the advisory council; establishing the 155 membership of the advisory council; identifying the 156 duties of the advisory council; setting the minimum 157 qualifications for the designation of a facility as a 158 Pediatric and Congenital Cardiovascular Center of 159 Excellence; requiring the Department of Health to 160 develop rules relating to pediatric cardiac 161 facilities; authorizing the department to adopt rules 162 relating to the council and the designation of 163 facilities as Pediatric and Congenital Cardiovascular 164 Centers of Excellence program; providing retroactive 165 application of the act; providing an effective date.