Florida Senate - 2013 COMMITTEE AMENDMENT Bill No. SB 1660 Barcode 459412 LEGISLATIVE ACTION Senate . House Comm: RCS . 03/18/2013 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Children, Families, and Elder Affairs (Grimsley) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete lines 105 - 200 4 and insert: 5 (b) The Department of Health shall conduct two application 6 cycles annually. The applications are not applications for 7 licensure, the notification by the State Surgeon General to the 8 Governor of the entities that are eligible for the award is not 9 final agency action, and this program is not subject to the 10 provisions of chapter 120. 11 (4)(a) The State Surgeon General shall appoint a team of 12 independent evaluators to assess applicants to determine 13 eligibility for the award. An application is to be evaluated 14 independently of any other application. The team shall consist 15 of five evaluators to be selected, in any combination, from the 16 following: 17 1. No more than five health care practitioners or health 18 care facilities not licensed in this state which provide health 19 care services involving cancer diagnoses or treatment; 20 2. No more than three members from the Florida Cancer 21 Control and Research Advisory Council; 22 3. No more than two members from the Biomedical Research 23 and Advisory Council; and 24 4. No more than one layperson who has experience as a 25 cancer patient or as a family member of a cancer patient if that 26 person or his or her family member did not receive care from the 27 applicant or providers being evaluated. 28 (b) Each evaluator must be independent and free of any 29 conflict of interest with respect to a health care provider or 30 facility licensed in this state. Each person selected to 31 participate on the evaluation team must sign a conflict of 32 interest attestation before being appointed to the evaluation 33 team. 34 (5)(a) Two evaluation team members may, as necessary, 35 verify on-site documentation submitted with an application for 36 the award. 37 (b) Each member on the evaluation team shall report to the 38 State Surgeon General those applicants that achieved or exceeded 39 the required score based on the rating system developed in 40 subsection (2) which demonstrates the cancer center excels in 41 providing a quality, comprehensive, and patient-centered 42 coordinated care program. 43 (6) The State Surgeon General shall notify the Governor 44 regarding the providers that are eligible to receive the Cancer 45 Center of Excellence Award. 46 (7) The award shall be recognized for a period of 3 years 47 from the date of the award. A provider may reapply for 48 subsequent awards. 49 (8) A provider that receives a Cancer Center of Excellence 50 Award may use the designation in its advertising and marketing 51 for up to 3 years from the date of the award. In addition, a 52 provider that receives a Cancer Center of Excellence Award may 53 be granted, for 3 years from the date of the award, a preference 54 in competitive solicitations undertaken by a state agency or 55 state university. 56 (9) The State Surgeon General shall report to the President 57 of the Senate and the Speaker of the House of Representatives by 58 January 31, 2014, and annually thereafter, the status of 59 implementing the Cancer Center of Excellence Award program, 60 metrics on the number of applications received and the number of 61 award recipients by application cycle, a list of award 62 recipients, and recommendations for legislation to strengthen 63 the program. 64 (10) The Department of Health shall adopt rules related to 65 the application cycles and submission of the application form. 66 Section 2. Paragraph (r) of subsection (4) of section 67 1004.435, Florida Statutes, is redesignated as paragraph (s), 68 and paragraph (r) is added to that subsection, to read: 69 1004.435 Cancer control and research.— 70 (4) FLORIDA CANCER CONTROL AND RESEARCH ADVISORY COUNCIL; 71 CREATION; COMPOSITION.— 72 (r) The council shall, with the Biomedical Research 73 Advisory Council, jointly develop peformance measures, a rating 74 system, a rating standard, and an application form for the 75 Cancer Center of Excellence Award in s. 381.925. The council 76 shall also support the State Surgeon General implement the 77 Cancer Center of Excellence Award program by ensuring at least 78 three members of the Council who are independent of applicants 79 for the award are available to serve on the evaluation team as 80 requested by the State Surgeon General, and advise the State 81 Surgeon General with respect to the Cancer Center for Excellence 82 Award program. 83 Section 3. Paragraph (j) is added to subsection (4) of 84 section 215.5602, Florida Statutes, to read: 85 215.5602 James and Esther King Biomedical Research 86 Program.— 87 (4) The council shall advise the State Surgeon General as 88 to the direction and scope of the biomedical research program. 89 The responsibilities of the council may include, but are not 90 limited to: 91 (j) The council shall, with the Florida Cancer Control and 92 Research Advisory Council, jointly develop peformance measures, 93 a rating system, a rating standard, and an application form for 94 the Cancer Center of Excellence Award in s. 381.925. The council 95 shall also support the State Surgeon General implement the 96 Cancer Center of Excellence Award program by ensuring at least 97 two members of the Council who are independent of applicants for 98 the award are available to serve on the evaluation team as 99 requested by the State Surgeon General, and advise the State 100 Surgeon General with respect to the Cancer Center for Excellence 101 Award program. 102 Section 4. Subsection (4) of section 381.922, Florida 103 Statutes, is renumbered as subsection (5), and a new subsection 104 (4) is added to that section, to read: 105 381.922 William G. “Bill” Bankhead, Jr., and David Coley 106 Cancer Research Program.— 107 (4) In order to attract and retain experienced research 108 talent and attendant national grant-producing researchers to 109 cancer research institutions in this state, the Department of 110 Health shall award endowments to cancer research institutions 111 for establishing a funded research chair, pursuant to the 112 General Appropriations Act specifying an appropriation for this 113 purpose. The purpose of the endowment is to provide a secure 114 funding for at least 7 years to attract an experienced and 115 promising researcher whose continued employment for this period 116 is not contingent upon grant awards associated with time-limited 117 research projects. In addition, the Legislature intends for a 118 chair to specialize in a cancer-related research field that will 119 facilitate coordination among research institutions within the 120 state, and attract other promising researchers and funding to 121 the state. 122 (a) Any research institution funded pursuant to this 123 section shall provide a report to the Governor, the Speaker of 124 the House of Representatives, and the President of the Senate 125 which must, at a minimum, describe the research program and 126 general responsibilities of the researcher who is to be selected 127 for the endowed chair. Upon final selection of the research 128 chair or if it becomes necessary to identify a replacement 129 research chair the research institution shall notify the Chair 130 of the Appropriations Committee of the House of Representatives 131 and the Chair of the Appropriations Committee of the Senate of 132 his or her name, endowment budget, and specific research 133 responsibilities. The research institution shall annually report 134 to the Speaker of the House of Representatives and the President 135 of the Senate the chair’s name, current salary, research 136 responsibilities, percentage of time devoted to research if the 137 chair also serves as a member of the faculty, reports on 138 research progress and progress toward achieving the goals of 139 this program, endowment expenditures and balance, interest rate, 140 and interest earned on the endowment. 141 142 143 144 ================= T I T L E A M E N D M E N T ================ 145 And the title is amended as follows: 146 Delete lines 17 - 36 147 and insert: 148 form; providing two application cycles each year; 149 specifying that chapter 120, F.S., does not apply to 150 the applications or notification of entities that are 151 eligible for the award; requiring the State Surgeon 152 General to assemble an evaluation team to assess 153 applications; requiring each application to be 154 evaluated independently of any other application; 155 providing membership of and requirements for the 156 evaluation team; providing duties of the members of 157 the evaluation team; requiring the State Surgeon 158 General to notify the Governor of the providers that 159 are eligible to receive the award; limiting the 160 duration of the award; authorizing an award-winning 161 cancer provider to use the designation in its 162 advertising and marketing; providing that an award 163 winning cancer provider is granted preference in 164 competitive solicitations for a specified period of 165 time; requiring the State Surgeon General to report to 166 the Legislature by a specified date the status of 167 implementing the award program and annually 168 thereafter; requiring the Department of Health to 169 adopt rules to implement the program; amending 170 s. 1004.435, F.S.; adding to the responsibilities of 171 the Florida Cancer Control and Research Advisory 172 Council the responsibilities assigned to the Council 173 under the Cancer Center of Excellence Award Program; 174 amending s. 215.5602, F.S., adding to the 175 responsibilities of the Biomedical Research Advisory 176 Council the responsibilities assigned to the Council 177 under the Cancer Center of Excellence Award Program; 178 amending s. 381.922, F.S.; authorizing endowments 179 under the William G. “Bill” Bankhead, Jr., and David 180 Coley Cancer Research Program for establishing funded 181 research chairs at research institutions contingent 182 upon an appropriation; requiring submission of