Florida Senate - 2013 SB 1660 By Senator Flores 37-01278A-13 20131660__ 1 A bill to be entitled 2 An act relating to quality cancer care and research; 3 creating s. 381.925, F.S.; providing legislative 4 intent and goals; establishing a Cancer Center of 5 Excellence Award for providers that excel in providing 6 cancer care and treatment in this state; requiring the 7 Florida Cancer Control and Research Advisory Council 8 and the Biomedical Research Advisory Council to 9 jointly develop performance measures, a rating system, 10 and a rating standard in accordance with specified 11 criteria for applicants to qualify for the award; 12 providing minimum standards; authorizing a provider to 13 apply to the Department of Health for the award; 14 requiring the Florida Cancer Control and Research 15 Advisory Council and the Biomedical Research Advisory 16 Council to jointly develop an application form; 17 providing two application cycles each year; requiring 18 the State Surgeon General to assemble an evaluation 19 team to assess applications; providing membership of 20 and requirements for the evaluation team; providing 21 duties of the members of the evaluation team; 22 requiring the State Surgeon General to notify the 23 Governor of the providers that are eligible to receive 24 the award; limiting the duration of the award; 25 authorizing an award-winning cancer provider to use 26 the designation in its advertising and marketing; 27 providing that an award-winning cancer provider is 28 granted preference in competitive solicitations for a 29 specified period of time; requiring the State Surgeon 30 General to report to the Legislature by a specified 31 date the status of implementing the award program; 32 amending s. 381.922, F.S.; authorizing endowments 33 under the William G. “Bill” Bankhead, Jr., and David 34 Coley Cancer Research Program for establishing funded 35 research chairs at research institutions contingent 36 upon an appropriation; requiring submission of 37 proposals; requiring that research institutions report 38 certain information regarding the selected research 39 chair of the endowment and other information about the 40 endowment; providing for qualifications of the chair; 41 specifying the use of the funds in the endowment; 42 providing an effective date. 43 44 Be It Enacted by the Legislature of the State of Florida: 45 46 Section 1. Section 381.925, Florida Statutes, is created to 47 read: 48 381.925 Cancer Center of Excellence Award.— 49 (1) The Legislature intends to recognize hospitals, 50 treatment centers, and other providers in this state which 51 demonstrate excellence in patient-centered, coordinated care for 52 persons undergoing cancer treatment and therapy in this state. 53 The goal of this program is to encourage excellence in cancer 54 care in this state, attract and retain the best cancer care 55 providers to the state, and help Florida providers be recognized 56 nationally as a preferred destination for quality cancer care. 57 The Cancer Center of Excellence Award will recognize providers 58 that exceed service standards and excel in providing a quality, 59 comprehensive, and patient-centered coordinated care program. 60 (2) The Florida Cancer Control and Research Advisory 61 Council, established in s. 1004.435, and the Biomedical Research 62 Advisory Council, established in s. 215.5602, shall jointly 63 develop rigorous performance measures, a rating system, and a 64 rating standard that must be achieved to document and 65 distinguish a cancer center that excels in providing a quality, 66 comprehensive, and patient-centered coordinated care program. At 67 a minimum, the criteria must require that each hospital, 68 treatment center, or other provider: 69 (a) Maintain a license in this state which authorizes 70 health care services to be provided. A provider may not have 71 been disciplined or subjected to any administrative enforcement 72 action by state or federal regulatory authorities within the 73 preceding 3 years. 74 (b) Be accredited by the Commission on Cancer of the 75 American College of Surgeons. 76 (c) Actively participate in at least one regional cancer 77 control collaborative that is operating pursuant to the Florida 78 Comprehensive Cancer Control Program’s cooperative agreement 79 with the Centers for Disease Control and Prevention’s National 80 Comprehensive Cancer Control Program. 81 (d) Meet enhanced cancer care coordination standards set by 82 the councils which, at a minimum, focus on: 83 1. Coordination of care by cancer specialists and nursing 84 and allied health professionals. 85 2. Psychosocial assessment and services. 86 3. Suitable and timely referrals and followup. 87 4. Providing accurate and complete information on treatment 88 options, including clinical trials, which consider each person’s 89 needs, preferences, and resources, whether provided by that 90 center or available through other health care providers. 91 5. Participation in a comprehensive network of cancer 92 specialists of multiple disciplines which enables the patient to 93 consult with a variety of experts to examine treatment 94 alternatives. 95 6. Family services and support. 96 7. Aftercare and survivor services. 97 8. Patient and family satisfaction survey results. 98 (3)(a) A provider may apply to the Department of Health for 99 a Cancer Center of Excellence Award. The Florida Cancer Control 100 and Research Advisory Council and the Biomedical Research 101 Advisory Council shall jointly develop an application form that 102 requires, among other things, submission of documentation by the 103 provider which demonstrates that the criteria in subsection (2) 104 have been met. 105 (b) The council shall conduct two application cycles 106 annually. 107 (4)(a) The State Surgeon General shall appoint a team of 108 independent evaluators to assess applicants to determine 109 eligibility for the award. The team shall consist of five 110 evaluators to be selected, in any combination, from the 111 following: 112 1. No more than five health care practitioners or health 113 care facilities not licensed in this state which provide health 114 care services involving cancer diagnoses or treatment; 115 2. No more than three members from the Florida Cancer 116 Control and Research Advisory Council; 117 3. No more than two members from the Biomedical Research 118 and Advisory Council; and 119 4. No more than one layperson who has experience as a 120 cancer patient or as a family member of a cancer patient if that 121 person or his or her family member did not receive care from the 122 applicant or providers being evaluated. 123 (b) Each evaluator must be independent and free of any 124 conflict of interest with respect to a health care provider or 125 facility licensed in this state. Each person selected to 126 participate on the evaluation team must sign a conflict of 127 interest attestation before being appointed to the evaluation 128 team. 129 (5)(a) An evaluation team member may verify, as necessary, 130 documentation submitted with an application for the award. 131 (b) Each member on the evaluation team shall report to the 132 State Surgeon General those applicants that achieved or exceeded 133 the required score based on the rating system developed in 134 subsection (2) which demonstrates the cancer center excels in 135 providing a quality, comprehensive, and patient-centered 136 coordinated care program. 137 (6) The State Surgeon General shall notify the Governor 138 regarding the providers that are eligible to receive the Cancer 139 Center of Excellence Award. 140 (7) The award shall be recognized for a period of 3 years 141 from the date of the award. A provider may reapply for 142 subsequent awards. 143 (8) A provider that receives a Cancer Center of Excellence 144 Award may use the designation in its advertising and marketing 145 for up to 3 years from the date of the award. In addition, a 146 provider that receives a Cancer Center of Excellence Award may 147 be granted, for 3 years from the date of the award, a preference 148 in competitive solicitations undertaken by a state agency or 149 state university. 150 (9) The State Surgeon General shall report to the President 151 of the Senate and the Speaker of the House of Representatives by 152 January 31, 2014, and annually thereafter, the status of 153 implementing the Cancer Center of Excellence Award program, 154 metrics on the number of applications received and the number of 155 award recipients by application cycle, a list of award 156 recipients, and recommendations for legislation to strengthen 157 the program. 158 Section 2. Subsection (4) of section 381.922, Florida 159 Statutes, is renumbered as subsection (5), and a new subsection 160 (4) is added to that section, to read: 161 381.922 William G. “Bill” Bankhead, Jr., and David Coley 162 Cancer Research Program.— 163 (4) In order to attract and retain experienced research 164 talent and attendant national grant-producing researchers to 165 cancer research institutions in this state, the Department of 166 Health shall award endowments to cancer research institutions 167 for establishing a funded research chair, pursuant to the 168 General Appropriations Act specifying an appropriation for this 169 purpose. The purpose of the endowment is to provide a secure 170 salary for at least 7 years to attract an experienced and 171 promising researcher whose continued employment for this period 172 is not contingent upon grant awards associated with time-limited 173 research projects. In addition, the Legislature intends for this 174 chair to specialize in a cancer-related research field that will 175 facilitate coordination among research institutions within the 176 state, and attract other promising researchers and funding to 177 the state. 178 (a) A research institution shall submit a proposal for the 179 endowment which must, at a minimum, describe the research 180 program and general responsibilities of the researcher who is to 181 be selected for the research chair. Upon final selection of the 182 research chair or if it becomes necessary to identify a 183 replacement research chair the research institution shall notify 184 the Department of Health of his or her name, salary, and 185 specific research responsibilities. The research institution 186 shall annually report to the department the chair’s name, 187 current salary, research responsibilities, percentage of time 188 devoted to research if the chair also serves as a member of the 189 faculty, reports on research progress and progress toward 190 achieving the goals of this program, endowment balance, interest 191 rate, and interest earned on the endowment. 192 (b) The person selected for the research chair must possess 193 a doctoral degree and have demonstrated promising research 194 potential in the field in which the chair is to conduct 195 research. The endowment is awarded to the research institution, 196 not to the selected researcher. 197 (c) The principal and interest earned on the endowment 198 shall be used to fund the selected chair’s research salary for 199 at least 7 years. A selected chair may also serve as a member of 200 the faculty who receives supplemental pay from other sources. 201 Section 3. This act shall take effect July 1, 2013.