1 | A bill to be entitled |
2 | An act relating to the H. Lee Moffitt Cancer Center and |
3 | Research Institute; amending s. 1004.43, F.S.; revising |
4 | provisions relating to the establishment of the institute |
5 | and specifying primary responsibilities of the institute; |
6 | conforming provisions relating to the agreement by the |
7 | Board of Governors and the not-for-profit corporation for |
8 | the use of facilities on the campus of the University of |
9 | South Florida; specifying that the not-for-profit |
10 | corporation and its subsidiaries shall act as |
11 | instrumentalities of the state for purposes of sovereign |
12 | immunity; providing exceptions; authorizing the use of |
13 | land, facilities, and personnel for teaching and research |
14 | programs conducted by state universities; revising |
15 | provisions relating to the control and sharing of certain |
16 | income; providing a definition; amending s. 458.3145, |
17 | F.S.; authorizing the issuance of a medical faculty |
18 | certificate without examination to certain faculty at the |
19 | H. Lee Moffitt Cancer Center and Research Institute; |
20 | providing an effective date. |
21 |
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22 | Be It Enacted by the Legislature of the State of Florida: |
23 |
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24 | Section 1. Section 1004.43, Florida Statutes, is amended |
25 | to read: |
26 | 1004.43 H. Lee Moffitt Cancer Center and Research |
27 | Institute.--There is established the H. Lee Moffitt Cancer |
28 | Center and Research Institute, a statewide resource for basic |
29 | and clinical research and multidisciplinary approaches to |
30 | patient care at the University of South Florida. |
31 | (1) The Board of Governors State Board of Education shall |
32 | enter into an agreement for the utilization of the facilities on |
33 | the campus of the University of South Florida to be known as the |
34 | H. Lee Moffitt Cancer Center and Research Institute, including |
35 | all furnishings, equipment, and other chattels used in the |
36 | operation of said facilities, with a Florida not-for-profit |
37 | corporation organized solely for the purpose of governing and |
38 | operating the H. Lee Moffitt Cancer Center and Research |
39 | Institute. The This not-for-profit corporation, acting as an |
40 | instrumentality of the State of Florida, shall govern and |
41 | operate the H. Lee Moffitt Cancer Center and Research Institute |
42 | in accordance with the terms of the agreement between the Board |
43 | of Governors and the not-for-profit corporation. The not-for- |
44 | profit corporation may, with the prior approval of the Board of |
45 | Governors, create either for-profit or not-for-profit corporate |
46 | subsidiaries, or both, to fulfill its mission. The not-for- |
47 | profit corporation and any authorized and approved subsidiary |
48 | shall be corporations primarily acting as instrumentalities of |
49 | the state, pursuant to s. 768.28(2), for purposes of sovereign |
50 | immunity. However, sovereign immunity shall not apply to claims |
51 | for bodily injury or death made against any person or entity |
52 | that is a licensed health care provider acting within the course |
53 | and scope of any agency relationship with a for-profit |
54 | subsidiary where such bodily injury or death is legally caused |
55 | by treatment or therapy, except when such treatment or therapy |
56 | is undertaken pursuant to a research study conducted with the |
57 | written informed consent of the patient and as otherwise |
58 | required by state and federal law governing human experimental |
59 | treatment or therapy. For-profit subsidiaries of the not-for- |
60 | profit corporation may not compete with for-profit health care |
61 | providers in the delivery of radiation therapy services to |
62 | patients. The not-for-profit corporation and its subsidiaries |
63 | are authorized to receive, hold, invest, and administer property |
64 | and any moneys received from private, local, state, and federal |
65 | sources, as well as technical and professional income generated |
66 | or derived from practice activities of the institute, for the |
67 | benefit of the institute and the fulfillment of its mission. The |
68 | affairs of the corporation shall be managed by a board of |
69 | directors who shall serve without compensation. The President of |
70 | the University of South Florida and the chair of the Board of |
71 | Governors, or his or her designee, shall be directors of the |
72 | not-for-profit corporation, together with 5 representatives of |
73 | the state universities and no more than 14 nor fewer than 10 |
74 | directors who are not medical doctors or state employees. Each |
75 | director shall have only one vote, shall serve a term of 3 |
76 | years, and may be reelected to the board. Other than the |
77 | President of the University of South Florida and the chair of |
78 | the Board of Governors, directors shall be elected by a majority |
79 | vote of the board. The chair of the board of directors shall be |
80 | selected by majority vote of the directors. |
81 | (2) The Board of Governors shall provide in the agreement |
82 | with the not-for-profit corporation for the following: |
83 | (a) Approval of the articles of incorporation of the not- |
84 | for-profit corporation by the Board of Governors. |
85 | (b) Approval of the articles of incorporation of any not- |
86 | for-profit corporate subsidiary created by the not-for-profit |
87 | corporation. |
88 | (c) Utilization of lands, facilities, and personnel by the |
89 | not-for-profit corporation and its subsidiaries for research, |
90 | education, treatment, prevention, and the early detection of |
91 | cancer and for mutually approved teaching and research programs |
92 | conducted by the state universities University of South Florida |
93 | or other accredited medical schools or research institutes. |
94 | (d) Preparation of an annual financial audit of the not- |
95 | for-profit corporation's accounts and records and the accounts |
96 | and records of any subsidiaries to be conducted by an |
97 | independent certified public accountant. The annual audit report |
98 | shall include a management letter, as defined in s. 11.45, and |
99 | shall be submitted to the Auditor General and the Board of |
100 | Governors. The Board of Governors, the Auditor General, and the |
101 | Office of Program Policy Analysis and Government Accountability |
102 | shall have the authority to require and receive from the not- |
103 | for-profit corporation and any subsidiaries or from their |
104 | independent auditor any detail or supplemental data relative to |
105 | the operation of the not-for-profit corporation or subsidiary. |
106 | (e) Provision by the not-for-profit corporation and its |
107 | subsidiaries of equal employment opportunities to all persons |
108 | regardless of race, color, religion, sex, age, or national |
109 | origin. |
110 | (3) The Board of Governors is authorized to secure |
111 | comprehensive general liability protection, including |
112 | professional liability protection, for the not-for-profit |
113 | corporation and its subsidiaries pursuant to s. 1004.24. The |
114 | not-for-profit corporation and its subsidiaries shall be exempt |
115 | from any participation in any property insurance trust fund |
116 | established by law, including any property insurance trust fund |
117 | established pursuant to chapter 284, so long as the not-for- |
118 | profit corporation and its subsidiaries maintain property |
119 | insurance protection with comparable or greater coverage limits. |
120 | (4) In the event that the agreement between the not-for- |
121 | profit corporation and the Board of Governors is terminated for |
122 | any reason, the Board of Governors shall resume governance and |
123 | operation of such facilities. |
124 | (5) The institute shall be administered by a chief |
125 | executive officer who shall serve at the pleasure of the board |
126 | of directors of the not-for-profit corporation and who shall |
127 | have the following powers and duties subject to the approval of |
128 | the board of directors: |
129 | (a) The chief executive officer shall establish programs |
130 | which fulfill the mission of the institute in research, |
131 | education, treatment, prevention, and the early detection of |
132 | cancer; however, the chief executive officer shall not establish |
133 | academic programs for which academic credit is awarded and which |
134 | terminate in the conference of a degree without prior approval |
135 | of the Board of Governors. |
136 | (b) The chief executive officer shall have control over |
137 | the budget and the dollars appropriated or donated to the |
138 | institute from private, local, state, and federal sources, as |
139 | well as technical and professional income generated or derived |
140 | from practice activities of the not-for-profit corporation and |
141 | its subsidiaries institute. However, professional income |
142 | generated by state university faculty from practice activities |
143 | at the institute shall be shared between the institute and the |
144 | university as determined by the chief executive officer and the |
145 | appropriate university dean or vice president. Professional |
146 | income generated by institute members from practice activities |
147 | may be shared between the not-for-profit corporation and its |
148 | subsidiaries as determined by the chief executive officer. As |
149 | used in this paragraph, the term "institute member" means an |
150 | individual employed by the not-for-profit corporation or a |
151 | subsidiary as a clinical or scientific faculty member. |
152 | (c) The chief executive officer shall appoint members to |
153 | carry out the research, patient care, and educational activities |
154 | of the institute and determine compensation, benefits, and terms |
155 | of service. Members of the institute shall be eligible to hold |
156 | concurrent appointments at affiliated academic institutions. |
157 | State university faculty shall be eligible to hold concurrent |
158 | appointments at the institute. |
159 | (d) The chief executive officer shall have control over |
160 | the use and assignment of space and equipment within the |
161 | facilities. |
162 | (e) The chief executive officer shall have the power to |
163 | create the administrative structure necessary to carry out the |
164 | mission of the institute. |
165 | (f) The chief executive officer shall have a reporting |
166 | relationship to the Board of Governors or its designee. |
167 | (g) The chief executive officer shall provide a copy of |
168 | the institute's annual report to the Governor and Cabinet, the |
169 | President of the Senate, the Speaker of the House of |
170 | Representatives, and the chair of the Board of Governors. |
171 | (6) The board of directors of the not-for-profit |
172 | corporation shall create a council of scientific advisers to the |
173 | chief executive officer comprised of leading researchers, |
174 | physicians, and scientists. This council shall review programs |
175 | and recommend research priorities and initiatives so as to |
176 | maximize the state's investment in the institute. The council |
177 | shall be appointed by the board of directors of the not-for- |
178 | profit corporation. Each member of the council shall be |
179 | appointed to serve a 2-year term and may be reappointed to the |
180 | council. |
181 | (7) In carrying out the provisions of this section, the |
182 | not-for-profit corporation and its subsidiaries are not |
183 | "agencies" within the meaning of s. 20.03(11). |
184 | (8)(a) Records of the not-for-profit corporation and of |
185 | its subsidiaries are public records unless made confidential or |
186 | exempt by law. |
187 | (b) Proprietary confidential business information is |
188 | confidential and exempt from the provisions of s. 119.07(1) and |
189 | s. 24(a), Art. I of the State Constitution. However, the Auditor |
190 | General, the Office of Program Policy Analysis and Government |
191 | Accountability, and the Board of Governors, pursuant to their |
192 | oversight and auditing functions, must be given access to all |
193 | proprietary confidential business information upon request and |
194 | without subpoena and must maintain the confidentiality of |
195 | information so received. As used in this paragraph, the term |
196 | "proprietary confidential business information" means |
197 | information, regardless of its form or characteristics, which is |
198 | owned or controlled by the not-for-profit corporation or its |
199 | subsidiaries; is intended to be and is treated by the not-for- |
200 | profit corporation or its subsidiaries as private and the |
201 | disclosure of which would harm the business operations of the |
202 | not-for-profit corporation or its subsidiaries; has not been |
203 | intentionally disclosed by the corporation or its subsidiaries |
204 | unless pursuant to law, an order of a court or administrative |
205 | body, a legislative proceeding pursuant to s. 5, Art. III of the |
206 | State Constitution, or a private agreement that provides that |
207 | the information may be released to the public; and which is |
208 | information concerning: |
209 | 1. Internal auditing controls and reports of internal |
210 | auditors; |
211 | 2. Matters reasonably encompassed in privileged attorney- |
212 | client communications; |
213 | 3. Contracts for managed-care arrangements, including |
214 | preferred provider organization contracts, health maintenance |
215 | organization contracts, and exclusive provider organization |
216 | contracts, and any documents directly relating to the |
217 | negotiation, performance, and implementation of any such |
218 | contracts for managed-care arrangements; |
219 | 4. Bids or other contractual data, banking records, and |
220 | credit agreements the disclosure of which would impair the |
221 | efforts of the not-for-profit corporation or its subsidiaries to |
222 | contract for goods or services on favorable terms; |
223 | 5. Information relating to private contractual data, the |
224 | disclosure of which would impair the competitive interest of the |
225 | provider of the information; |
226 | 6. Corporate officer and employee personnel information; |
227 | 7. Information relating to the proceedings and records of |
228 | credentialing panels and committees and of the governing board |
229 | of the not-for-profit corporation or its subsidiaries relating |
230 | to credentialing; |
231 | 8. Minutes of meetings of the governing board of the not- |
232 | for-profit corporation and its subsidiaries, except minutes of |
233 | meetings open to the public pursuant to subsection (9); |
234 | 9. Information that reveals plans for marketing services |
235 | that the corporation or its subsidiaries reasonably expect to be |
236 | provided by competitors; |
237 | 10. Trade secrets as defined in s. 688.002, including: |
238 | a. Information relating to methods of manufacture or |
239 | production, potential trade secrets, potentially patentable |
240 | materials, or proprietary information received, generated, |
241 | ascertained, or discovered during the course of research |
242 | conducted by the not-for-profit corporation or its subsidiaries; |
243 | and |
244 | b. Reimbursement methodologies or rates; |
245 | 11. The identity of donors or prospective donors of |
246 | property who wish to remain anonymous or any information |
247 | identifying such donors or prospective donors. The anonymity of |
248 | these donors or prospective donors must be maintained in the |
249 | auditor's report; or |
250 | 12. Any information received by the not-for-profit |
251 | corporation or its subsidiaries from an agency in this or |
252 | another state or nation or the Federal Government which is |
253 | otherwise exempt or confidential pursuant to the laws of this or |
254 | another state or nation or pursuant to federal law. |
255 |
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256 | As used in this paragraph, the term "managed care" means systems |
257 | or techniques generally used by third-party payors or their |
258 | agents to affect access to and control payment for health care |
259 | services. Managed-care techniques most often include one or more |
260 | of the following: prior, concurrent, and retrospective review of |
261 | the medical necessity and appropriateness of services or site of |
262 | services; contracts with selected health care providers; |
263 | financial incentives or disincentives related to the use of |
264 | specific providers, services, or service sites; controlled |
265 | access to and coordination of services by a case manager; and |
266 | payor efforts to identify treatment alternatives and modify |
267 | benefit restrictions for high-cost patient care. |
268 | (c) Subparagraphs 10. and 12. of paragraph (b) are subject |
269 | to the Open Government Sunset Review Act in accordance with s. |
270 | 119.15 and shall stand repealed on October 2, 2010, unless |
271 | reviewed and saved from repeal through reenactment by the |
272 | Legislature. |
273 | (9) Meetings of the governing board of the not-for-profit |
274 | corporation and meetings of the subsidiaries of the not-for- |
275 | profit corporation at which the expenditure of dollars |
276 | appropriated to the not-for-profit corporation by the state are |
277 | discussed or reported must remain open to the public in |
278 | accordance with s. 286.011 and s. 24(b), Art. I of the State |
279 | Constitution, unless made confidential or exempt by law. Other |
280 | meetings of the governing board of the not-for-profit |
281 | corporation and of the subsidiaries of the not-for-profit |
282 | corporation are exempt from s. 286.011 and s. 24(b), Art. I of |
283 | the State Constitution. |
284 | (10) In addition to the continuing appropriation to the |
285 | institute provided in s. 210.20(2), any appropriation to the |
286 | institute provided in a general appropriations act shall be paid |
287 | directly to the board of directors of the not-for-profit |
288 | corporation by warrant drawn by the Chief Financial Officer from |
289 | the State Treasury. |
290 | Section 2. Paragraph (i) of subsection (1) of section |
291 | 458.3145, Florida Statutes, is amended to read: |
292 | 458.3145 Medical faculty certificate.-- |
293 | (1) A medical faculty certificate may be issued without |
294 | examination to an individual who: |
295 | (i) Has been offered and has accepted a full-time faculty |
296 | appointment to teach in a program of medicine at: |
297 | 1. The University of Florida, |
298 | 2. The University of Miami, |
299 | 3. The University of South Florida, |
300 | 4. The Florida State University, |
301 | 5. The Florida International University, |
302 | 6. The University of Central Florida, or |
303 | 7. The Mayo Medical School at the Mayo Clinic in |
304 | Jacksonville, Florida, or |
305 | 8. The H. Lee Moffitt Cancer Center and Research |
306 | Institute. |
307 | Section 3. This act shall take effect July 1, 2009. |