Florida Senate - 2013             CONFERENCE COMMITTEE AMENDMENT
       Bill No. CS/CS/SB 1660, 1st Eng.
       
       
       
       
       
       
                                Barcode 443278                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                 Floor: AD/CR          .                                
             05/03/2013 11:37 AM       .                                
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       The Conference Committee on CS/CS/SB 1660, 1st Eng. recommended
       the following:
       
    1         Senate Conference Committee Amendment (with title
    2  amendment)
    3  
    4         Delete everything after the enacting clause
    5  and insert:
    6         Section 1. Section 381.925, Florida Statutes, is created to
    7  read:
    8         381.925Cancer Center of Excellence Award.—
    9         (1) The Legislature intends to recognize hospitals,
   10  treatment centers, and other providers in this state which
   11  demonstrate excellence in patient-centered coordinated care for
   12  persons undergoing cancer treatment and therapy in this state.
   13  The goal of this program is to encourage excellence in cancer
   14  care in this state, attract and retain the best cancer care
   15  providers to the state, and help Florida providers be recognized
   16  nationally as a preferred destination for quality cancer care.
   17  The Cancer Center of Excellence Award will recognize providers
   18  that exceed service standards and excel in providing quality,
   19  comprehensive, and patient-centered coordinated care.
   20         (2) The Florida Cancer Control and Research Advisory
   21  Council, established in s. 1004.435, and the Biomedical Research
   22  Advisory Council, established in s. 215.5602, shall select seven
   23  members and six members, respectively, to form a joint
   24  committee.
   25         (a) The joint committee, consisting of 13 members, shall:
   26         1. By January 1, 2014, develop rigorous performance
   27  measures, a rating system, and a rating standard that must be
   28  achieved to document and distinguish a cancer center that excels
   29  in providing quality, comprehensive, and patient-centered
   30  coordinated care.
   31         2. Review at least every 3 years and revise, if applicable,
   32  the performance measures, rating system, and rating standard to
   33  ensure providers are continually enhancing their programs to
   34  reflect best practices and advances in cancer treatment and care
   35  from the perspective of quality, comprehensive and patient
   36  centered coordinated care.
   37         3. Submit its proposed performance measures, rating system,
   38  and rating standard to the Florida Cancer Control and Research
   39  Advisory Council and the Biomedical Research Advisory Council to
   40  be approved by both councils prior to the evaluation of any
   41  provider under such criteria.
   42         (b) The criteria established by the joint committee must
   43  require, at a minimum, that each hospital, treatment center, or
   44  other provider:
   45         1. Maintain a license in good standing in this state which
   46  authorizes health care services to be provided.
   47         2. Be accredited by the Commission on Cancer of the
   48  American College of Surgeons.
   49         3. Actively participate in at least one regional cancer
   50  control collaborative that is operating pursuant to the Florida
   51  Comprehensive Cancer Control Program’s cooperative agreement
   52  with the Centers for Disease Control and Prevention’s National
   53  Comprehensive Cancer Control Program.
   54         4. Demonstrate excellence in and dissemination of
   55  scientifically rigorous cancer research.
   56         5. Integrate training and education of biomedical
   57  researchers and health care professionals.
   58         6. Meet enhanced cancer care coordination standards which,
   59  at a minimum, focus on:
   60         a. Coordination of care by cancer specialists and nursing
   61  and allied health professionals.
   62         b. Psychosocial assessment and services.
   63         c. Suitable and timely referrals and followup.
   64         d. Providing accurate and complete information on treatment
   65  options, including clinical trials, which consider each person’s
   66  needs, preferences, and resources, whether provided by that
   67  center or available through other health care providers.
   68         e. Participation in a comprehensive network of cancer
   69  specialists of multiple disciplines, which enables the patient
   70  to consult with a variety of experts to examine treatment
   71  alternatives.
   72         f. Family services and support.
   73         g. Aftercare and survivor services.
   74         h. Patient and family satisfaction survey results.
   75         (c) The members of the joint committee shall serve without
   76  compensation but may receive reimbursement as provided in s.
   77  112.061 for travel and other necessary expenses incurred in the
   78  performance of their official duties.
   79         (d) The Department of Health shall provide such staff,
   80  information, and other assistance as is reasonably necessary to
   81  assist the joint committee in carrying out its responsibilities.
   82         (3)(a) A provider may apply to the Department of Health for
   83  a Cancer Center of Excellence Award. The joint committee must
   84  develop an application form to be used by the Department of
   85  Health that requires, among other things, submission of
   86  documentation by the provider which demonstrates that the
   87  criteria in subsection (2) have been met.
   88         (b) After January 1, 2014, the Department of Health shall
   89  annually conduct two application cycles. The applications are
   90  not applications for licensure; the grant of the award by the
   91  State Surgeon General is not final agency action; and the Cancer
   92  Center of Excellence Award program is not subject to the
   93  provisions of chapter 120.
   94         (4)(a) The State Surgeon General shall appoint a team of
   95  independent evaluators to assess applicants to determine
   96  eligibility for the award. An application is to be evaluated
   97  independently of any other application. The team shall consist
   98  of five evaluators to be selected, in any combination, from the
   99  following:
  100         1. No more than five health care practitioners or health
  101  care facilities not licensed in this state which provide health
  102  care services involving cancer diagnoses or treatment;
  103         2. No more than three members from the Florida Cancer
  104  Control and Research Advisory Council;
  105         3. No more than two members from the Biomedical Research
  106  and Advisory Council; and
  107         4. No more than one layperson who has experience as a
  108  cancer patient or as a family member of a cancer patient if that
  109  person or his or her family member did not receive care from the
  110  applicant or providers being evaluated.
  111         (b) Each evaluator must be independent and free of any
  112  conflict of interest with respect to a health care provider or
  113  facility licensed in this state. Each person selected to
  114  participate on the evaluation team must sign a conflict of
  115  interest attestation before being appointed to the evaluation
  116  team.
  117         (5)(a) Two evaluation team members may, as necessary,
  118  conduct an onsite evaluation to verify submitted application
  119  documentation.
  120         (b) Each member on the evaluation team shall report to the
  121  State Surgeon General those applicants that achieved or exceeded
  122  the required score based on the rating system developed in
  123  subsection (2) which demonstrates the cancer center excels in
  124  providing quality, comprehensive, and patient-centered
  125  coordinated care.
  126         (6) The State Surgeon General shall notify the Governor
  127  regarding the providers that are eligible to receive the Cancer
  128  Center of Excellence Award.
  129         (7) The award shall be recognized for a period of 3 years
  130  after the date of the award. A provider may reapply for
  131  subsequent awards.
  132         (8) A provider that receives a Cancer Center of Excellence
  133  Award may use the designation in its advertising and marketing
  134  for up to 3 years after the date of the award. In addition, a
  135  provider that receives a Cancer Center of Excellence Award may
  136  be granted, for 3 years after the date of the award, a
  137  preference in competitive solicitations related to cancer care
  138  or research undertaken by a state agency or state university.
  139         (9) The State Surgeon General shall report to the President
  140  of the Senate and the Speaker of the House of Representatives by
  141  January 31, 2014, the status of implementing the Cancer Center
  142  of Excellence Award program, and by December 15 annually
  143  thereafter, the number of applications received, the number of
  144  award recipients by application cycle, a list of award
  145  recipients, and recommendations to strengthen the program.
  146         (10) The Department of Health shall adopt necessary rules
  147  related to the application cycles and submission of the
  148  application form.
  149         Section 2. Paragraph (j) is added to subsection (4) of
  150  section 215.5602, Florida Statutes, and subsection (12) of that
  151  section is amended, to read:
  152         215.5602 James and Esther King Biomedical Research
  153  Program.—
  154         (4) The council shall advise the State Surgeon General as
  155  to the direction and scope of the biomedical research program.
  156  The responsibilities of the council may include, but are not
  157  limited to:
  158         (j) The council shall select, by majority vote, six members
  159  of the council who must combine with seven members of the
  160  Florida Cancer Control and Research Advisory Council to form a
  161  joint committee to develop performance measures, a rating
  162  system, a rating standard, and an application form for the
  163  Cancer Center of Excellence Award created in s. 381.925.
  164         (12)(a) Beginning in the 2011-2012 fiscal year and
  165  thereafter, $25 million from the revenue deposited into the
  166  Health Care Trust Fund pursuant to ss. 210.011(9) and 210.276(7)
  167  shall be reserved for research of tobacco-related or cancer
  168  related illnesses. Of the revenue deposited in the Health Care
  169  Trust Fund pursuant to this section, $25 million shall be
  170  transferred to the Biomedical Research Trust Fund within the
  171  Department of Health. Subject to annual appropriations in the
  172  General Appropriations Act, $5 million shall be appropriated to
  173  the James and Esther King Biomedical Research Program, $5
  174  million shall be appropriated to the William G. “Bill” Bankhead,
  175  Jr., and David Coley Cancer Research Program created under s.
  176  381.922, $5 million shall be appropriated to the H. Lee Moffitt
  177  Cancer Center and Research Institute established under s.
  178  1004.43, $5 million shall be appropriated to the Sylvester
  179  Comprehensive Cancer Center of the University of Miami, and $5
  180  million shall be appropriated to the Shands Cancer Hospital.
  181         (b) Beginning July 1, 2014, an entity which performs or is
  182  associated with cancer research or care that receives a specific
  183  appropriation for biomedical research, research-related
  184  functions, operations or other supportive functions, or
  185  expansion of operations in the General Appropriations Act
  186  without statutory reporting requirements for the receipt of
  187  those funds, must submit an annual fiscal-year progress report
  188  to the President of the Senate and the Speaker of the House of
  189  Representatives by December 15. The report must:
  190         1. Describe the general use of the funds.
  191         2. Specify the research, if any, funded by the
  192  appropriation.
  193         3. Describe any fixed capital outlay project funded by the
  194  appropriation, the need for the project, how the project will be
  195  utilized, and the timeline for and status of the project, if
  196  applicable.
  197         4. Identify any federal or private grants or donations
  198  generated as a result of the appropriation or activities funded
  199  by the appropriation, if applicable and traceable.
  200         Section 3. Present subsection (4) of section 381.922,
  201  Florida Statutes, is renumbered as subsection (5), and a new
  202  subsection (4) is added to that section, to read:
  203         381.922 William G. “Bill” Bankhead, Jr., and David Coley
  204  Cancer Research Program.—
  205         (4)In order to attract and retain experienced research
  206  talent and attendant national grant-producing researchers to
  207  integrated cancer research and care institutions in this state,
  208  the Department of Health shall award endowments to integrated
  209  cancer research and care institutions for establishing a funded
  210  research chair, pursuant to the General Appropriations Act,
  211  specifying an appropriation for this purpose. Funding for the
  212  endowed chairs must be independent of funds appropriated
  213  pursuant to s. 215.5602(12). The purpose of the endowment is to
  214  provide secure funding for at least 7 years to attract an
  215  experienced and promising researcher whose continued employment
  216  for this period is not contingent upon grant awards associated
  217  with time-limited research projects. In addition, the
  218  Legislature intends for a research chair to specialize in a
  219  cancer-related research field that will facilitate coordination
  220  among research institutions within the state and attract other
  221  promising researchers and funding to the state.
  222         (a) Upon selection of an endowed research chair, the
  223  institution shall notify the chairs of the appropriations
  224  committees of the Senate and the House of Representatives. An
  225  institution funded pursuant to this subsection shall provide to
  226  the Governor, the President of the Senate, and the Speaker of
  227  the House of Representatives an annual progress report by
  228  December 15 that must, at a minimum, provide the research
  229  chair’s name; the amount of the endowment fund used for the
  230  chair’s salary; research responsibilities; the percentage of
  231  time devoted to research if the chair also serves as a member of
  232  the faculty; research progress; progress toward achieving the
  233  goals of this program; endowment expenditures; balance, interest
  234  rate, and interest earned on the endowment; and the amount of
  235  federal or private grants or donations generated, if any, as a
  236  result of the research chair’s efforts.
  237         (b) If an institution must replace an endowed research
  238  chair, the endowment must cease funding expenses associated with
  239  the endowed research chair, other than reasonable costs for
  240  recruitment, until a replacement chair has been retained. While
  241  the endowed research chair is vacant, the endowment must
  242  continue to earn interest and all earnings must be added to the
  243  balance of the endowment. A vacancy tolls the 7-year timeframe
  244  for the endowed research chair.
  245         Section 4. Present paragraph (r) of subsection (4) of
  246  section 1004.435, Florida Statutes, is redesignated as paragraph
  247  (s), and a new paragraph (r) is added to that subsection, to
  248  read:
  249         1004.435 Cancer control and research.—
  250         (4) FLORIDA CANCER CONTROL AND RESEARCH ADVISORY COUNCIL;
  251  CREATION; COMPOSITION.—
  252         (r) The council shall select, by majority vote, seven
  253  members of the council who must combine with six members of the
  254  Biomedical Research Advisory Council to form a joint committee
  255  to develop performance measures, a rating system, a rating
  256  standard, and an application form for the Cancer Center of
  257  Excellence Award created in s. 381.925.
  258         Section 5. This act shall take effect July 1, 2013.
  259  
  260  ================= T I T L E  A M E N D M E N T ================
  261         And the title is amended as follows:
  262         Delete everything before the enacting clause
  263  and insert:
  264                        A bill to be entitled                      
  265         An act relating to quality cancer care and research;
  266         creating s. 381.925, F.S.; providing legislative
  267         intent and goals; establishing a Cancer Center of
  268         Excellence Award for providers that excel in providing
  269         cancer care and treatment in this state; requiring the
  270         Florida Cancer Control and Research Advisory Council
  271         and the Biomedical Research Advisory Council to each
  272         select a certain number of members to form a joint
  273         committee to develop and periodically update
  274         performance measures, a rating system, and a rating
  275         standard in accordance with specified criteria for
  276         applicants to qualify for the award; requiring
  277         approval by both councils of the performance measures,
  278         rating system, and rating standard developed by the
  279         joint committee; providing minimum standards;
  280         prohibiting members of the joint committee from being
  281         compensated, but authorizing reimbursement for travel
  282         and other necessary expenses; authorizing a provider
  283         to apply to the Department of Health for the award;
  284         requiring the joint committee to develop an
  285         application form; requiring the department to conduct
  286         two application cycles each year; specifying that ch.
  287         120, F.S., does not apply to the applications for or
  288         the award of the grant by the State Surgeon General;
  289         requiring the State Surgeon General to assemble an
  290         evaluation team to assess applications; requiring each
  291         application to be evaluated independently of any other
  292         application; providing membership of and requirements
  293         for the evaluation team; providing duties of the
  294         members of the evaluation team; requiring the award to
  295         be presented to eligible institutions by the Governor
  296         and the Surgeon General; limiting the duration of the
  297         award; authorizing an award-winning cancer provider to
  298         use the designation in its advertising and marketing;
  299         providing that an award-winning cancer provider is
  300         granted preference in competitive solicitations
  301         related to cancer care or research for a specified
  302         period of time; requiring the State Surgeon General to
  303         report certain information to the Legislature by a
  304         specified date and annually thereafter; requiring the
  305         Department of Health to adopt rules related to the
  306         application cycles and submission of the application
  307         forms; amending s. 215.5602, F.S.; revising the
  308         responsibilities of the Biomedical Research Advisory
  309         Council with regard to the Cancer Center of Excellence
  310         Award program; requiring entities receiving an
  311         appropriation in the General Appropriations Act to
  312         submit an annual fiscal-year progress report to the
  313         Legislature by a specified date; amending s. 381.922,
  314         F.S.; authorizing endowments, subject to an
  315         appropriation, under the William G. “Bill” Bankhead,
  316         Jr., and David Coley Cancer Research Program for
  317         establishing funded research chairs at integrated
  318         research and care institutions; providing procedures
  319         if the endowed research chair becomes vacant;
  320         requiring that research institutions report certain
  321         information regarding the selected endowed research
  322         chair and other information about the endowment;
  323         providing for qualifications of the endowed research
  324         chair; specifying the use of the funds in the
  325         endowment; amending s. 1004.435, F.S.; revising the
  326         responsibilities of the Florida Cancer Control and
  327         Research Advisory Council with regard to the Cancer
  328         Center of Excellence Award program; providing an
  329         effective date.