Florida Senate - 2013 CS for CS for SB 1660 By the Committees on Appropriations; and Children, Families, and Elder Affairs; and Senators Flores and Sobel 576-03106-13 20131660c2 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 and periodically update performance 10 measures, a rating system, and a rating standard in 11 accordance with specified criteria for applicants to 12 qualify for the award; providing minimum standards; 13 authorizing a provider to apply to the Department of 14 Health for the award; requiring the Florida Cancer 15 Control and Research Advisory Council and the 16 Biomedical Research Advisory Council to jointly 17 develop an application form; requiring the department 18 to conduct two application cycles each year; 19 specifying that ch. 120, F.S., does not apply to the 20 applications or notification of entities that are 21 eligible for the award; requiring the State Surgeon 22 General to assemble an evaluation team to assess 23 applications; requiring each application to be 24 evaluated independently of any other application; 25 providing membership of and requirements for the 26 evaluation team; providing duties of the members of 27 the evaluation team; requiring the State Surgeon 28 General to notify the Governor of the providers that 29 are eligible to receive the award; limiting the 30 duration of the award; authorizing an award-winning 31 cancer provider to use the designation in its 32 advertising and marketing; providing that an award 33 winning cancer provider is granted preference in 34 competitive solicitations for a specified period of 35 time; requiring the State Surgeon General to report to 36 the Legislature by a specified date, and annually 37 thereafter, the status of implementing the award 38 program; requiring the Department of Health to adopt 39 rules related to the application cycles and submission 40 of the application forms; amending s. 215.5602, F.S.; 41 revising the responsibilities of the Biomedical 42 Research Advisory Council with regard to the Cancer 43 Center of Excellence Award program; amending s. 44 381.922, F.S.; authorizing endowments under the 45 William G. “Bill” Bankhead, Jr., and David Coley 46 Cancer Research Program for establishing funded 47 research chairs at research institutions contingent 48 upon an appropriation; providing procedures if the 49 endowed chair becomes vacant; requiring that research 50 institutions report certain information regarding the 51 selected research chair of the endowment and other 52 information about the endowment; providing for 53 qualifications of the chair; specifying the use of the 54 funds in the endowment; amending s. 1004.435, F.S.; 55 revising the responsibilities of the Florida Cancer 56 Control and Research Advisory Council with regard to 57 the Cancer Center of Excellence Award program; 58 providing an effective date. 59 60 Be It Enacted by the Legislature of the State of Florida: 61 62 Section 1. Section 381.925, Florida Statutes, is created to 63 read: 64 381.925 Cancer Center of Excellence Award.— 65 (1) The Legislature intends to recognize hospitals, 66 treatment centers, and other providers in this state which 67 demonstrate excellence in patient-centered, coordinated care for 68 persons undergoing cancer treatment and therapy in this state. 69 The goal of this program is to encourage excellence in cancer 70 care in this state, attract and retain the best cancer care 71 providers to the state, and help Florida providers be recognized 72 nationally as a preferred destination for quality cancer care. 73 The Cancer Center of Excellence Award will recognize providers 74 that exceed service standards and excel in providing a quality, 75 comprehensive, and patient-centered coordinated care program. 76 (2) The Florida Cancer Control and Research Advisory 77 Council, established in s. 1004.435, and the Biomedical Research 78 Advisory Council, established in s. 215.5602, shall jointly 79 develop rigorous performance measures, a rating system, and a 80 rating standard that must be achieved to document and 81 distinguish a cancer center that excels in providing a quality, 82 comprehensive, and patient-centered coordinated care program. 83 The two councils shall review at least every 3 years, and 84 jointly revise if applicable, the performance measures, rating 85 system, and rating standard to ensure providers are continually 86 enhancing their programs to reflect best practices and advances 87 in cancer treatment and care from the perspective of 88 comprehensive and patient-centered coordinated care. At a 89 minimum, the criteria must require that each hospital, treatment 90 center, or other provider: 91 (a) Maintain a license in this state which authorizes 92 health care services to be provided. A provider may not have 93 been disciplined or subjected to any administrative enforcement 94 action by state or federal regulatory authorities within the 95 preceding 3 years. 96 (b) Be accredited by the Commission on Cancer of the 97 American College of Surgeons. 98 (c) Actively participate in at least one regional cancer 99 control collaborative that is operating pursuant to the Florida 100 Comprehensive Cancer Control Program’s cooperative agreement 101 with the Centers for Disease Control and Prevention’s National 102 Comprehensive Cancer Control Program. 103 (d) Meet enhanced cancer care coordination standards set by 104 the councils which, at a minimum, focus on: 105 1. Coordination of care by cancer specialists and nursing 106 and allied health professionals. 107 2. Psychosocial assessment and services. 108 3. Suitable and timely referrals and followup. 109 4. Providing accurate and complete information on treatment 110 options, including clinical trials, which consider each person’s 111 needs, preferences, and resources, whether provided by that 112 center or available through other health care providers. 113 5. Participation in a comprehensive network of cancer 114 specialists of multiple disciplines, which enables the patient 115 to consult with a variety of experts to examine treatment 116 alternatives. 117 6. Family services and support. 118 7. Aftercare and survivor services. 119 8. Patient and family satisfaction survey results. 120 (3)(a) A provider may apply to the Department of Health for 121 a Cancer Center of Excellence Award. The Florida Cancer Control 122 and Research Advisory Council and the Biomedical Research 123 Advisory Council shall jointly develop an application form that 124 requires, among other things, submission of documentation by the 125 provider which demonstrates that the criteria in subsection (2) 126 have been met. 127 (b) The Department of Health shall annually conduct two 128 application cycles. The applications are not applications for 129 licensure; the notification by the State Surgeon General to the 130 Governor of the entities that are eligible for the award is not 131 final agency action; and the Cancer Center of Excellence Award 132 program is not subject to the provisions of chapter 120. 133 (4)(a) The State Surgeon General shall appoint a team of 134 independent evaluators to assess applicants to determine 135 eligibility for the award. An application is to be evaluated 136 independently of any other application. The team shall consist 137 of five evaluators to be selected, in any combination, from the 138 following: 139 1. No more than five health care practitioners or health 140 care facilities not licensed in this state which provide health 141 care services involving cancer diagnoses or treatment; 142 2. No more than three members from the Florida Cancer 143 Control and Research Advisory Council; 144 3. No more than two members from the Biomedical Research 145 and Advisory Council; and 146 4. No more than one layperson who has experience as a 147 cancer patient or as a family member of a cancer patient if that 148 person or his or her family member did not receive care from the 149 applicant or providers being evaluated. 150 (b) Each evaluator must be independent and free of any 151 conflict of interest with respect to a health care provider or 152 facility licensed in this state. Each person selected to 153 participate on the evaluation team must sign a conflict of 154 interest attestation before being appointed to the evaluation 155 team. 156 (5)(a) Two evaluation team members may, as necessary, 157 verify onsite documentation submitted with an application for 158 the award. 159 (b) Each member on the evaluation team shall report to the 160 State Surgeon General those applicants that achieved or exceeded 161 the required score based on the rating system developed in 162 subsection (2) which demonstrates the cancer center excels in 163 providing a quality, comprehensive, and patient-centered 164 coordinated care program. 165 (6) The State Surgeon General shall notify the Governor 166 regarding the providers that are eligible to receive the Cancer 167 Center of Excellence Award. 168 (7) The award shall be recognized for a period of 3 years 169 from the date of the award. A provider may reapply for 170 subsequent awards. 171 (8) A provider that receives a Cancer Center of Excellence 172 Award may use the designation in its advertising and marketing 173 for up to 3 years from the date of the award. In addition, a 174 provider that receives a Cancer Center of Excellence Award may 175 be granted, for 3 years from the date of the award, a preference 176 in competitive solicitations undertaken by a state agency or 177 state university. 178 (9) The State Surgeon General shall report to the President 179 of the Senate and the Speaker of the House of Representatives by 180 January 31, 2014, and annually thereafter, the status of 181 implementing the Cancer Center of Excellence Award program, 182 metrics on the number of applications received and the number of 183 award recipients by application cycle, a list of award 184 recipients, and recommendations for legislation to strengthen 185 the program. 186 (10) The Department of Health shall adopt rules related to 187 the application cycles and submission of the application form. 188 Section 2. Paragraph (j) is added to subsection (4) of 189 section 215.5602, Florida Statutes, to read: 190 215.5602 James and Esther King Biomedical Research 191 Program.— 192 (4) The council shall advise the State Surgeon General as 193 to the direction and scope of the biomedical research program. 194 The responsibilities of the council may include, but are not 195 limited to: 196 (j) The council shall, with the Florida Cancer Control and 197 Research Advisory Council, jointly develop performance measures, 198 a rating system, a rating standard, and an application form for 199 the Cancer Center of Excellence Award created in s. 381.925. The 200 council shall also support the State Surgeon General in 201 implementing the award program by ensuring that at least two 202 members of the council, who must be independent of the 203 applicants for the award, are available to serve on the 204 evaluation team as requested by the State Surgeon General. The 205 council shall advise the State Surgeon General with respect to 206 the Cancer Center for Excellence Award program. 207 Section 3. Subsection (4) of section 381.922, Florida 208 Statutes, is renumbered as subsection (5), and a new subsection 209 (4) is added to that section, to read: 210 381.922 William G. “Bill” Bankhead, Jr., and David Coley 211 Cancer Research Program.— 212 (4) In order to attract and retain experienced research 213 talent and attendant national grant-producing researchers to 214 cancer research institutions in this state, the Department of 215 Health shall award endowments to cancer research institutions 216 for establishing a funded research chair, pursuant to the 217 General Appropriations Act specifying an appropriation for this 218 purpose. The purpose of the endowment is to provide a secure 219 funding for at least 7 years to attract an experienced and 220 promising researcher whose continued employment for this period 221 is not contingent upon grant awards associated with time-limited 222 research projects. In addition, the Legislature intends for a 223 chair to specialize in a cancer-related research field that will 224 facilitate coordination among research institutions within the 225 state and attract other promising researchers and funding to the 226 state. 227 (a) If it becomes necessary for a research institution that 228 has been granted an endowed chair to replace the researcher, the 229 endowment must cease funding expenses associated with the 230 endowed chair other than reasonable costs for recruitment until 231 a replacement researcher has been retained for the endowed 232 chair. While the endowed chair is vacant, the endowment must 233 continue to earn interest and all earnings must be added to the 234 balance of the endowment. A vacancy tolls the 7-year timeframe 235 for the endowed chair. 236 (b) Any research institution funded pursuant to this 237 subsection shall provide to the Governor, the President of the 238 Senate, and the Speaker of the House of Representatives a report 239 that must, at a minimum, describe the research program and 240 general responsibilities of the researcher who is to be selected 241 for the endowed chair. Upon final selection of the research 242 chair, or if it becomes necessary to replace a research chair, 243 the research institution shall notify the chair of the 244 Appropriations Committee of the Senate and the chair of the 245 Appropriations Committee of the House of Representatives the 246 research chair’s name, the endowment budget, and the specific 247 research responsibilities. The research institution shall 248 annually report to the President of the Senate and the Speaker 249 of the House of Representatives the research chair’s name, 250 current salary, research responsibilities, percentage of time 251 devoted to research if the chair also serves as a member of the 252 faculty, research progress, progress toward achieving the goals 253 of this program, endowment expenditures and balance, interest 254 rate, and interest earned on the endowment. 255 Section 4. Paragraph (r) of subsection (4) of section 256 1004.435, Florida Statutes, is redesignated as paragraph (s), 257 and a new paragraph (r) is added to that subsection, to read: 258 1004.435 Cancer control and research.— 259 (4) FLORIDA CANCER CONTROL AND RESEARCH ADVISORY COUNCIL; 260 CREATION; COMPOSITION.— 261 (r) The council shall, with the Biomedical Research 262 Advisory Council, jointly develop performance measures, a rating 263 system, a rating standard, and an application form for the 264 Cancer Center of Excellence Award created in s. 381.925. The 265 council shall also support the State Surgeon General in 266 implementing the Cancer Center of Excellence Award program by 267 ensuring that at least three members of the council, who must be 268 independent of the applicants for the award, are available to 269 serve on the evaluation team as requested by the State Surgeon 270 General. The council shall advise the State Surgeon General with 271 respect to the Cancer Center for Excellence Award program. 272 Section 5. This act shall take effect July 1, 2013.