Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. SB 1660
       
       
       
       
       
       
                                Barcode 459412                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/18/2013           .                                
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       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