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         381.925Cancer 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.