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         381.925Cancer 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.