Florida Senate - 2013 CONFERENCE COMMITTEE AMENDMENT Bill No. CS/CS/SB 1660, 1st Eng. Barcode 443278 LEGISLATIVE ACTION Senate . House . . . Floor: AD/CR . 05/03/2013 11:37 AM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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: 8 381.925 Cancer 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.