Florida Senate - 2016 CS for SB 378 By the Committee on Health Policy; and Senator Bean 588-00911-16 2016378c1 1 A bill to be entitled 2 An act relating to the Pediatric Cardiac Advisory 3 Council; creating s. 391.224, F.S.; providing 4 legislative findings and intent; creating the 5 Pediatric Cardiac Advisory Council; determining the 6 chair of the advisory council; establishing the 7 membership of the advisory council; identifying the 8 duties of the advisory council; setting the minimum 9 qualifications for the designation of a facility as a 10 Pediatric and Congenital Cardiovascular Center of 11 Excellence; requiring the Department of Health to 12 develop rules relating to pediatric cardiac 13 facilities; authorizing the department to adopt rules 14 relating to the council and the designation of 15 facilities as Pediatric and Congenital Cardiovascular 16 Centers of Excellence; providing retroactive 17 application of the act; providing an effective date. 18 19 Be It Enacted by the Legislature of the State of Florida: 20 21 Section 1. Section 391.224, Florida Statutes, is created to 22 read: 23 391.224 Pediatric Cardiac Advisory Council.— 24 (1) LEGISLATIVE FINDINGS AND INTENT.— 25 (a) The Legislature finds significant benefits in the 26 continued coordination of activities by several state agencies 27 regarding access to pediatric cardiac care in this state. It is 28 the intent of the Legislature that the Department of Health, the 29 department’s cardiac consultants, and the Agency for Health Care 30 Administration maintain their long-standing interagency teams 31 and agreements for the development and adoption of guidelines, 32 standards, and rules for those portions of the state cardiac 33 care system within the statutory authority of each agency. This 34 coordinated approach will continue to ensure the necessary 35 continuum of care for the pediatric cardiac patient. The 36 department has the leadership responsibility for this activity. 37 (b) It is further the intent of the Legislature to 38 establish the Pediatric Cardiac Advisory Council, a statewide, 39 inclusive council within the department. 40 (2) PEDIATRIC CARDIAC ADVISORY COUNCIL.— 41 (a) The State Surgeon General shall appoint the Pediatric 42 Cardiac Advisory Council for the purpose of advising the 43 department on the delivery of cardiac services to children. 44 (b) The chair of the council shall be elected from among 45 the council members every 2 years and may not serve more than 46 two consecutive terms. 47 (c) The council shall meet upon the call of the chair or 48 two or more voting members or upon the call of the State Surgeon 49 General, but must meet at least quarterly. Council meetings must 50 be conducted by teleconference or through other electronic means 51 when feasible. 52 (d) The council shall be composed of 11 members with 53 technical expertise in cardiac medicine. Members shall be 54 appointed by the State Surgeon General for staggered terms of 4 55 years. An employee of the department or a contracted consultant 56 paid by the department may not serve as an appointed member or 57 ex officio member of the council. Council members shall include 58 the following voting members: 59 1. Pediatric cardiologists or pediatric cardiovascular 60 surgeons that have been nominated by their respective chief 61 executive officers and approved by the State Surgeon General 62 from the following facilities for as long as such facilities 63 maintain their pediatric certificates of need: 64 a. All Children’s Hospital in St. Petersburg; 65 b. Arnold Palmer Hospital for Children in Orlando; 66 c. Joe DiMaggio Children’s Hospital in Hollywood; 67 d. Nicklaus Children’s Hospital in Miami; 68 e. St. Joseph’s Children’s Hospital in Tampa; 69 f. University of Florida Health Shands Hospital in 70 Gainesville; 71 g. University of Miami Holtz Children’s Hospital in Miami; 72 and 73 h. Wolfson Children’s Hospital in Jacksonville. 74 2. Two physicians at large, not associated with a facility 75 represented in subparagraph 1., who are pediatric cardiologists 76 or subspecialists with special expertise or experience in 77 dealing with children or adults with congenital heart disease. 78 These physicians shall be selected by the State Surgeon General 79 in consultation with the Deputy Secretary for Children’s Medical 80 Services and the Director of Children’s Medical Services. 81 3. One community physician who has special interest and 82 ongoing involvement in children with heart disease and who is 83 not associated with a facility represented in subparagraph 1., 84 or one community-based medical internist having experience with 85 adults with congenital heart disease. The community physician 86 shall be selected by the State Surgeon General in consultation 87 with the Deputy Secretary of Children’s Medical Services and the 88 Director of the Division of Children’s Medical Services. 89 (e) The State Surgeon General may appoint nonvoting 90 advisory members to the council in consultation with the Deputy 91 Secretary for Children’s Medical Services and the Director of 92 Children’s Medical Services. Such members may participate in 93 council discussions and subcommittees created by the council, 94 but may not vote. 95 (f) The duties of the council include, but are not limited 96 to: 97 1. Recommending standards for personnel, diagnoses, 98 clinics, and facilities rendering cardiac services to the 99 department and the Division of Children’s Medical Services. 100 2. Analyzing reports on the periodic review of cardiac 101 personnel, diagnoses, clinics, and facilities to determine if 102 established state and national standards for cardiac services 103 are met. 104 3. Making recommendations to the Director of Children’s 105 Medical Services as to the approval or disapproval of reviewed 106 cardiac care personnel, diagnoses, clinics, and facilities. 107 4. Making recommendations as to the intervals for 108 reinspection of approved personnel, diagnoses, clinics, and 109 facilities for cardiac care. 110 5. Reviewing and inspecting hospitals upon the request of 111 the hospitals or the Agency for Health Care Administration to 112 determine if established state and national standards for 113 cardiac services are met. 114 6. Providing input on all aspects of the state’s Children’s 115 Medical Services cardiac programs, including rulemaking. 116 7. Addressing all components of the care of adults and 117 children with congenital heart disease and children with 118 acquired heart disease, as indicated and appropriate. 119 8. Abiding by the recognized state and national 120 professional standards of care for children with heart disease. 121 9. Making recommendations to the State Surgeon General for 122 legislation and appropriations for children’s cardiac services. 123 10. Providing advisory opinions to the Agency for Health 124 Care Administration before the agency approves a certificate of 125 need for children’s cardiac services. 126 (g) A council member shall serve without compensation, but 127 is entitled to reimbursement for per diem and travel expenses in 128 accordance with s. 112.061. 129 (h) At the recommendation of the Pediatric Cardiac Advisory 130 Council and with the approval of the Director of Children’s 131 Medical Services, the State Surgeon General shall designate 132 facilities meeting the council’s approved state and national 133 professional standards of care for children with heart disease 134 as “Pediatric and Congenital Cardiovascular Centers of 135 Excellence.” The designation is withdrawn automatically if a 136 particular center no longer meets such standards. 137 1. The council shall develop and recommend to the State 138 Surgeon General measurable performance standards and goals for 139 determining whether a facility meets the requirements for 140 designation as a “Pediatric and Congenital Cardiovascular Center 141 of Excellence.” 142 2. The council shall develop and recommend to the State 143 Surgeon General evaluation tools for measuring the goals and 144 performance standards of the facilities seeking and receiving 145 the “Pediatric and Congenital Cardiovascular Center of 146 Excellence” designation. 147 (3) RULEMAKING.—The department, in coordination with the 148 Agency for Health Care Administration, shall develop rules 149 related to pediatric cardiac facilities. The department may 150 adopt rules relating to the establishment, operations, and 151 authority of the Pediatric Cardiac Advisory Council and the 152 establishment, goals, performance standards, and evaluation 153 tools for designating facilities as Pediatric and Congenital 154 Cardiovascular Centers of Excellence. 155 (4) APPLICABILITY.—This section is intended to clarify 156 existing law, is remedial in nature, and shall apply 157 retroactively to rules already in existence without regard to 158 the date such rules were adopted. 159 Section 2. This act shall take effect July 1, 2016.