CODING: Words stricken are deletions; words underlined are additions.





                                                   HOUSE AMENDMENT

                                        Bill No. HB 1625, 1st Eng.

    Amendment No.     (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 5                                           ORIGINAL STAMP BELOW

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10                                                                

11  Representative(s) Fasano offered the following:

12

13         Amendment (with title amendment) 

14         On page 6, line 23, of the bill

15

16  insert:

17         Section 2.  Florida Commission on Excellence in Health

18  Care.--

19         (1)  LEGISLATIVE FINDINGS AND INTENT.--The Legislature

20  finds that the health care delivery industry is one of the

21  largest and most complex industries in Florida. The

22  Legislature finds that the current system of regulating health

23  care practitioners and health care providers is one of blame

24  and punishment and does not encourage voluntary admission of

25  errors and immediate corrective action on a large scale. The

26  Legislature finds that previous attempts to identify and

27  address areas which impact the quality of care provided by the

28  health care industry have suffered from a lack of coordination

29  among the industry's stakeholders and regulators. The

30  Legislature finds that additional focus on strengthening

31  health care delivery systems by eliminating avoidable mistakes

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                                                   HOUSE AMENDMENT

                                        Bill No. HB 1625, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  in the diagnosis and treatment of Floridians holds tremendous

 2  promise to increase the quality of health care services

 3  available to Floridians, thereby reducing the costs associated

 4  with medical mistakes and malpractice and in turn increasing

 5  access to health care in the state. To achieve this enhanced

 6  focus, it is the intent of the Legislature to create the

 7  Florida Commission on Excellence in Health Care to facilitate

 8  the development of a comprehensive statewide strategy for

 9  improving health care delivery systems through meaningful

10  reporting standards, data collection and review, and quality

11  measurement.

12         (2)  DEFINITIONS.--As used in this act, the term:

13         (a)  "Agency" means the Agency for Health Care

14  Administration.

15         (b)  "Commission" means the Florida Commission on

16  Excellence in Health Care.

17         (c)  "Department" means the Department of Health.

18         (d)  "Error," with respect to health care, means an

19  unintended act, by omission or commission.

20         (e)  "Health care practitioner" means any person

21  licensed under chapter 457; chapter 458; chapter 459; chapter

22  460; chapter 461; chapter 462; chapter 463; chapter 464;

23  chapter 465; chapter 466; chapter 467; part I, part II, part

24  III, part V, part X, part XIII, or part XIV of chapter 468;

25  chapter 478; chapter 480; part III or part IV of chapter 483;

26  chapter 484; chapter 486; chapter 490; or chapter 491, Florida

27  Statutes.

28         (f)  "Health care provider" means any health care

29  facility or other health care organization licensed or

30  certified to provide approved medical and allied health

31  services in this state.

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                                                   HOUSE AMENDMENT

                                        Bill No. HB 1625, 1st Eng.

    Amendment No.     (for drafter's use only)





 1         (3)  COMMISSION; DUTIES AND RESPONSIBILITIES.--There is

 2  hereby created the Florida Commission on Excellence in Health

 3  Care. The commission shall:

 4         (a)  Identify existing data sources that evaluate

 5  quality of care in Florida and collect, analyze, and evaluate

 6  this data.

 7         (b)  Establish guidelines for data sharing and

 8  coordination.

 9         (c)  Identify core sets of quality measures for

10  standardized reporting by appropriate components of the health

11  care continuum.

12         (d)  Recommend a framework for quality measurement and

13  outcome reporting.

14         (e)  Develop quality measures that enhance and improve

15  the ability to evaluate and improve care.

16         (f)  Make recommendations regarding research and

17  development needed to advance quality measurement and

18  reporting.

19         (g)  Evaluate regulatory issues relating to the

20  pharmacy profession and recommend changes necessary to

21  optimize patient safety.

22         (h)  Facilitate open discussion of a process to ensure

23  that comparative information on health care quality is valid,

24  reliable, comprehensive, understandable, and widely available

25  in the public domain.

26         (i)  Sponsor public hearings to share information and

27  expertise, identify "best practices," and recommend methods to

28  promote their acceptance.

29         (j)  Evaluate current regulatory programs to determine

30  what changes, if any, need to be made to facilitate patient

31  safety.

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                                                   HOUSE AMENDMENT

                                        Bill No. HB 1625, 1st Eng.

    Amendment No.     (for drafter's use only)





 1         (k)  Review public and private health care purchasing

 2  systems to determine if there are sufficient mandates and

 3  incentives to facilitate continuous improvement in patient

 4  safety.

 5         (l)  Analyze how effective existing regulatory systems

 6  are in ensuring continuous competence and knowledge of

 7  effective safety practices.

 8         (m)  Develop a framework for organizations that

 9  license, accredit, or credential health care practitioners and

10  health care providers to more quickly and effectively identify

11  unsafe providers and practitioners and to take action

12  necessary to remove the unsafe provider or practitioner from

13  practice or operation until such time as the practitioner or

14  provider has proven safe to practice or operate.

15         (n)  Recommend procedures for development of a

16  curriculum on patient safety and methods of incorporating such

17  curriculum into training, licensure, and certification

18  requirements.

19         (o)  Develop a framework for regulatory bodies to

20  disseminate information on patient safety to health care

21  practitioners, health care providers, and consumers through

22  conferences, journal articles and editorials, newsletters,

23  publications, and Internet websites.

24         (p)  Recommend procedures to incorporate recognized

25  patient safety considerations into practice guidelines and

26  into standards related to the introduction and diffusion of

27  new technologies, therapies, and drugs.

28         (q)  Recommend a framework for development of

29  community-based collaborative initiatives for error reporting

30  and analysis and implementation of patient safety

31  improvements.

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                                                   HOUSE AMENDMENT

                                        Bill No. HB 1625, 1st Eng.

    Amendment No.     (for drafter's use only)





 1         (r)  Evaluate the role of advertising in promoting or

 2  adversely affecting patient safety.

 3         (s)  Evaluate and make recommendations regarding the

 4  need for licensure of additional persons who participate in

 5  the delivery of health care to Floridians, including, but not

 6  limited to, surgical technologists and pharmacy technicians.

 7         (t)  Evaluate the benefits and problems of the current

 8  disciplinary systems and make recommendations regarding

 9  alternatives and improvements.

10         (4)  MEMBERSHIP, ORGANIZATION, MEETINGS, PROCEDURES,

11  STAFF.--

12         (a)  The commission shall consist of:

13         1.  The Secretary of Health and the Executive Director

14  of the Agency for Health Care Administration.

15         2.  One representative each from the following agencies

16  or organizations:  the Board of Medicine, the Board of

17  Osteopathic Medicine, the Board of Pharmacy, the Board of

18  Nursing, the Board of Dentistry, the Florida Dental

19  Association, the Florida Medical Association, the Florida

20  Osteopathic Medical Association, the Florida Academy of

21  Physician Assistants, the Florida Chiropractic Society, the

22  Florida Chiropractic Association, the Florida Podiatric

23  Medical Association, the Florida Society of Ambulatory

24  Surgical Centers, the Florida Statutory Teaching Hospital

25  Council, Inc., the Florida Statutory Rural Hospital Council,

26  the Florida Nurses Association, the Florida Organization of

27  Nursing Executives, the Florida Pharmacy Association, the

28  Florida Society of Health System Pharmacists, Inc., the

29  Florida Retail Federation, the Florida Hospital Association,

30  the Association of Community Hospitals and Health Systems of

31  Florida, Inc., the Florida League of Health Care Systems, the

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                                                   HOUSE AMENDMENT

                                        Bill No. HB 1625, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  Florida Health Care Risk Management Advisory Council, the

 2  Florida Health Care Association, and the Florida Association

 3  of Homes for the Aging;

 4         3.  One licensed clinical laboratory director,

 5  appointed by the Secretary of Health;

 6         4.  Two health lawyers, appointed by the Secretary of

 7  Health, one of whom shall be a member of The Florida Bar

 8  Health Law Section who defends physicians and one of whom

 9  shall be a member of the Florida Academy of Trial Lawyers;

10         5.  One representative of the medical malpractice

11  professional liability insurance industry, appointed by the

12  Secretary of Health;

13         6.  One representative of a Florida medical school

14  appointed by the Secretary of Health;

15         7.  Two representatives of the health insurance

16  industry, appointed by the Executive Director of the Agency

17  for Health Care Administration, one of whom shall represent

18  indemnity plans and one of whom shall represent managed care;

19         8.  Four consumer advocates, consisting of one from the

20  Association for Responsible Medicine, one appointed by the

21  Governor, one appointed by the President of the Senate, and

22  one appointed by the Speaker of the House of Representatives;

23  and

24         9.  Two legislators, one appointed by the President of

25  the Senate and one appointed by the Speaker of the House of

26  Representatives.

27

28  Commission membership shall reflect the geographic and

29  demographic diversity of the state.

30         (b)  The Secretary of Health and the Executive Director

31  of the Agency for Health Care Administration shall jointly

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                                                   HOUSE AMENDMENT

                                        Bill No. HB 1625, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  chair the commission. Subcommittees shall be formed by the

 2  joint chairs, as needed, to make recommendations to the full

 3  commission on the subjects assigned. However, all votes on

 4  work products of the commission shall be at the full

 5  commission level, and all recommendations to the Governor, the

 6  President of the Senate, and the Speaker of the House of

 7  Representatives must pass by a two-thirds vote of the full

 8  commission. Sponsoring agencies and organizations may

 9  designate an alternative member who may attend and vote on

10  behalf of the sponsoring agency or organization in the event

11  the appointed member is unable to attend a meeting of the

12  commission or any subcommittee. The commission shall be

13  staffed by employees of the Department of Health and the

14  Agency for Health Care Administration. Sponsoring agencies or

15  organizations must fund the travel and related expenses of

16  their appointed members on the commission. Travel and related

17  expenses for the consumer members of the commission shall be

18  reimbursed by the state pursuant to s. 112.061, Florida

19  Statutes. The commission shall hold its first meeting no later

20  than July 15, 2000.

21         (5)  EVIDENTIARY PROHIBITIONS.--

22         (a)  The findings, recommendations, evaluations,

23  opinions, investigations, proceedings, records, reports,

24  minutes, testimony, correspondence, work product, and actions

25  of the commission shall be available to the public, but may

26  not be introduced into evidence at any civil, criminal,

27  special, or administrative proceeding against a health care

28  practitioner or health care provider arising out of the

29  matters which are the subject of the findings of the

30  commission. Moreover, no member of the commission shall be

31  examined in any civil, criminal, special, or administrative

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                                                   HOUSE AMENDMENT

                                        Bill No. HB 1625, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  proceeding against a health care practitioner or health care

 2  provider as to any evidence or other matters produced or

 3  presented during the proceedings of this commission or as to

 4  any findings, recommendations, evaluations, opinions,

 5  investigations, proceedings, records, reports, minutes,

 6  testimony, correspondence, work product, or other actions of

 7  the commission or any members thereof. However, nothing in

 8  this section shall be construed to mean that information,

 9  documents, or records otherwise available and obtained from

10  original sources are immune from discovery or use in any

11  civil, criminal, special, or administrative proceeding merely

12  because they were presented during proceedings of the

13  commission. Nor shall any person who testifies before the

14  commission or who is a member of the commission be prevented

15  from testifying as to matters within his or her knowledge in a

16  subsequent civil, criminal, special, or administrative

17  proceeding merely because such person testified in front of

18  the commission.

19         (b)  The findings, recommendations, evaluations,

20  opinions, investigations, proceedings, records, reports,

21  minutes, testimony, correspondence, work product, and actions

22  of the commission shall be used as a guide and resource and

23  shall not be construed as establishing or advocating the

24  standard of care for health care practitioners or health care

25  providers unless subsequently enacted into law or adopted in

26  rule. Nor shall any findings, recommendations, evaluations,

27  opinions, investigations, proceedings, records, reports,

28  minutes, testimony, correspondence, work product, or actions

29  of the commission be admissible as evidence in any way,

30  directly or indirectly, by introduction of documents or as a

31  basis of an expert opinion as to the standard of care

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                                                   HOUSE AMENDMENT

                                        Bill No. HB 1625, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  applicable to health care practitioners or health care

 2  providers in any civil, criminal, special, or administrative

 3  proceeding unless subsequently enacted into law or adopted in

 4  rule.

 5         (c)  No person who testifies before the commission or

 6  who is a member of the commission may specifically identify

 7  any patient, health care practitioner, or health care provider

 8  by name. Moreover, the findings, recommendations, evaluations,

 9  opinions, investigations, proceedings, records, reports,

10  minutes, testimony, correspondence, work product, and actions

11  of the commission may not specifically identify any patient,

12  health care practitioner, or health care provider by name.

13         (6)  REPORT; TERMINATION.--The commission shall provide

14  a report of its findings and recommendations to the Governor,

15  the President of the Senate, and the Speaker of the House of

16  Representatives no later than February 1, 2001. After

17  submission of the report, the commission shall continue to

18  exist for the purpose of assisting the Department of Health,

19  the Agency for Health Care Administration, and the regulatory

20  boards in their drafting of proposed legislation and rules to

21  implement its recommendations and for the purpose of providing

22  information to the health care industry on its

23  recommendations. The commission shall be terminated June 1,

24  2001.

25         Section 3.  The sum of $91,000 in nonrecurring general

26  revenue is hereby appropriated from the General Revenue Fund

27  to the Department of Health to cover costs of the Florida

28  Commission on Excellence in Health Care relating to the travel

29  and related expenses of staff, consumer members, and members

30  appointed by the department or agency; the hiring of

31  consultants, if necessary; and the reproduction and

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                                                   HOUSE AMENDMENT

                                        Bill No. HB 1625, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  dissemination of documents; however, no portion of this

 2  appropriation shall be effective that duplicates a similar

 3  appropriation for the same purpose contained in other

 4  legislation from the 2000 legislative session that becomes

 5  law.

 6         Section 4.  The sum of $200,000 is appropriated from

 7  the Insurance Commissioner's Regulatory Trust Fund to the

 8  Office of Legislative Services for the purpose of implementing

 9  the legislative intent expressed in s. 624.215(1), Florida

10  Statutes, for a systematic review of current mandated health

11  coverages. The review must be conducted by certified actuaries

12  and other appropriate professionals and shall consist of an

13  assessment of the impact, including, but not limited to, the

14  costs and benefits, of current mandated health coverages using

15  the guidelines provided in s. 624.215(2), Florida Statutes.

16  This assessment shall establish the aggregate cost of mandated

17  health coverages.

18

19

20  ================ T I T L E   A M E N D M E N T ===============

21  And the title is amended as follows:

22         On page 1, line 5, after the semicolon

23

24  insert:

25         creating the Florida Commission on Excellence

26         in Health Care; providing legislative findings

27         and intent; providing definitions; providing

28         duties and responsibilities; providing for

29         membership, organization, meetings, procedures,

30         and staff; providing for reimbursement of

31         travel and related expenses of certain members;

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                                                   HOUSE AMENDMENT

                                        Bill No. HB 1625, 1st Eng.

    Amendment No.     (for drafter's use only)





 1         providing certain evidentiary prohibitions;

 2         requiring a report to the Governor, the

 3         President of the Senate, and the Speaker of the

 4         House of Representatives; providing for

 5         termination of the commission; providing

 6         appropriations;

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