ENROLLED 2013 Legislature CS for CS for SB 1660, 2nd Engrossed 20131660er 1 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 each 9 select a certain number of members to form a joint 10 committee to develop and periodically update 11 performance measures, a rating system, and a rating 12 standard in accordance with specified criteria for 13 applicants to qualify for the award; requiring 14 approval by both councils of the performance measures, 15 rating system, and rating standard developed by the 16 joint committee; providing minimum standards; 17 prohibiting members of the joint committee from being 18 compensated, but authorizing reimbursement for travel 19 and other necessary expenses; authorizing a provider 20 to apply to the Department of Health for the award; 21 requiring the joint committee to develop an 22 application form; requiring the department to conduct 23 two application cycles each year; specifying that ch. 24 120, F.S., does not apply to the applications for or 25 the award of the grant by the State Surgeon General; 26 requiring the State Surgeon General to assemble an 27 evaluation team to assess applications; requiring each 28 application to be evaluated independently of any other 29 application; providing membership of and requirements 30 for the evaluation team; providing duties of the 31 members of the evaluation team; requiring the award to 32 be presented to eligible institutions by the Governor 33 and the State Surgeon General; limiting the duration 34 of the award; authorizing an award-winning cancer 35 provider to use the designation in its advertising and 36 marketing; providing that an award-winning cancer 37 provider is granted preference in competitive 38 solicitations related to cancer care or research for a 39 specified period of time; requiring the State Surgeon 40 General to report certain information to the 41 Legislature by a specified date and annually 42 thereafter; requiring the Department of Health to 43 adopt rules related to the application cycles and 44 submission of the application forms; amending s. 45 215.5602, F.S.; revising the responsibilities of the 46 Biomedical Research Advisory Council with regard to 47 the Cancer Center of Excellence Award program; 48 requiring entities receiving an appropriation in the 49 General Appropriations Act to submit an annual fiscal 50 year progress report to the Legislature by a specified 51 date; amending s. 381.922, F.S.; authorizing 52 endowments, subject to an appropriation, under the 53 William G. “Bill” Bankhead, Jr., and David Coley 54 Cancer Research Program for establishing funded 55 research chairs at integrated research and care 56 institutions; providing procedures if the endowed 57 research chair becomes vacant; requiring that research 58 institutions report certain information regarding the 59 selected endowed research chair and other information 60 about the endowment; providing for qualifications of 61 the endowed research chair; specifying the use of the 62 funds in the endowment; amending s. 1004.435, F.S.; 63 revising the responsibilities of the Florida Cancer 64 Control and Research Advisory Council with regard to 65 the Cancer Center of Excellence Award program; 66 providing an effective date. 67 68 Be It Enacted by the Legislature of the State of Florida: 69 70 Section 1. Section 381.925, Florida Statutes, is created to 71 read: 72 381.925 Cancer Center of Excellence Award.— 73 (1) The Legislature intends to recognize hospitals, 74 treatment centers, and other providers in this state which 75 demonstrate excellence in patient-centered coordinated care for 76 persons undergoing cancer treatment and therapy in this state. 77 The goal of this program is to encourage excellence in cancer 78 care in this state, attract and retain the best cancer care 79 providers to the state, and help Florida providers be recognized 80 nationally as a preferred destination for quality cancer care. 81 The Cancer Center of Excellence Award will recognize providers 82 that exceed service standards and excel in providing quality, 83 comprehensive, and patient-centered coordinated care. 84 (2) The Florida Cancer Control and Research Advisory 85 Council, established in s. 1004.435, and the Biomedical Research 86 Advisory Council, established in s. 215.5602, shall select seven 87 members and six members, respectively, to form a joint 88 committee. 89 (a) The joint committee, consisting of 13 members, shall: 90 1. By January 1, 2014, develop rigorous performance 91 measures, a rating system, and a rating standard that must be 92 achieved to document and distinguish a cancer center that excels 93 in providing quality, comprehensive, and patient-centered 94 coordinated care. 95 2. Review at least every 3 years and revise, if applicable, 96 the performance measures, rating system, and rating standard to 97 ensure providers are continually enhancing their programs to 98 reflect best practices and advances in cancer treatment and care 99 from the perspective of quality, comprehensive, and patient 100 centered coordinated care. 101 3. Submit its proposed performance measures, rating system, 102 and rating standard to the Florida Cancer Control and Research 103 Advisory Council and the Biomedical Research Advisory Council to 104 be approved by both councils prior to the evaluation of any 105 provider under such criteria. 106 (b) The criteria established by the joint committee must 107 require, at a minimum, that each hospital, treatment center, or 108 other provider: 109 1. Maintain a license in good standing in this state which 110 authorizes health care services to be provided. 111 2. Be accredited by the Commission on Cancer of the 112 American College of Surgeons. 113 3. Actively participate in at least one regional cancer 114 control collaborative that is operating pursuant to the Florida 115 Comprehensive Cancer Control Program’s cooperative agreement 116 with the Centers for Disease Control and Prevention’s National 117 Comprehensive Cancer Control Program. 118 4. Demonstrate excellence in and dissemination of 119 scientifically rigorous cancer research. 120 5. Integrate training and education of biomedical 121 researchers and health care professionals. 122 6. Meet enhanced cancer care coordination standards which, 123 at a minimum, focus on: 124 a. Coordination of care by cancer specialists and nursing 125 and allied health professionals. 126 b. Psychosocial assessment and services. 127 c. Suitable and timely referrals and followup. 128 d. Providing accurate and complete information on treatment 129 options, including clinical trials, which consider each person’s 130 needs, preferences, and resources, whether provided by that 131 center or available through other health care providers. 132 e. Participation in a comprehensive network of cancer 133 specialists of multiple disciplines, which enables the patient 134 to consult with a variety of experts to examine treatment 135 alternatives. 136 f. Family services and support. 137 g. Aftercare and survivor services. 138 h. Patient and family satisfaction survey results. 139 (c) The members of the joint committee shall serve without 140 compensation but may receive reimbursement as provided in s. 141 112.061 for travel and other necessary expenses incurred in the 142 performance of their official duties. 143 (d) The Department of Health shall provide such staff, 144 information, and other assistance as is reasonably necessary to 145 assist the joint committee in carrying out its responsibilities. 146 (3)(a) A provider may apply to the Department of Health for 147 a Cancer Center of Excellence Award. The joint committee must 148 develop an application form to be used by the Department of 149 Health that requires, among other things, submission of 150 documentation by the provider which demonstrates that the 151 criteria in subsection (2) have been met. 152 (b) After January 1, 2014, the Department of Health shall 153 annually conduct two application cycles. The applications are 154 not applications for licensure; the grant of the award by the 155 State Surgeon General is not final agency action; and the Cancer 156 Center of Excellence Award program is not subject to the 157 provisions of chapter 120. 158 (4)(a) The State Surgeon General shall appoint a team of 159 independent evaluators to assess applicants to determine 160 eligibility for the award. An application is to be evaluated 161 independently of any other application. The team shall consist 162 of five evaluators to be selected, in any combination, from the 163 following: 164 1. No more than five health care practitioners or health 165 care facilities not licensed in this state which provide health 166 care services involving cancer diagnoses or treatment; 167 2. No more than three members from the Florida Cancer 168 Control and Research Advisory Council; 169 3. No more than two members from the Biomedical Research 170 and Advisory Council; and 171 4. No more than one layperson who has experience as a 172 cancer patient or as a family member of a cancer patient if that 173 person or his or her family member did not receive care from the 174 applicant or providers being evaluated. 175 (b) Each evaluator must be independent and free of any 176 conflict of interest with respect to a health care provider or 177 facility licensed in this state. Each person selected to 178 participate on the evaluation team must sign a conflict of 179 interest attestation before being appointed to the evaluation 180 team. 181 (5)(a) Two evaluation team members may, as necessary, 182 conduct an onsite evaluation to verify submitted application 183 documentation. 184 (b) Each member on the evaluation team shall report to the 185 State Surgeon General those applicants that achieved or exceeded 186 the required score based on the rating system developed in 187 subsection (2) which demonstrates the cancer center excels in 188 providing quality, comprehensive, and patient-centered 189 coordinated care. 190 (6) The State Surgeon General shall notify the Governor 191 regarding the providers that are eligible to receive the Cancer 192 Center of Excellence Award. 193 (7) The award shall be recognized for a period of 3 years 194 after the date of the award. A provider may reapply for 195 subsequent awards. 196 (8) A provider that receives a Cancer Center of Excellence 197 Award may use the designation in its advertising and marketing 198 for up to 3 years after the date of the award. In addition, a 199 provider that receives a Cancer Center of Excellence Award may 200 be granted, for 3 years after the date of the award, a 201 preference in competitive solicitations related to cancer care 202 or research undertaken by a state agency or state university. 203 (9) The State Surgeon General shall report to the President 204 of the Senate and the Speaker of the House of Representatives by 205 January 31, 2014, the status of implementing the Cancer Center 206 of Excellence Award program, and by December 15 annually 207 thereafter, the number of applications received, the number of 208 award recipients by application cycle, a list of award 209 recipients, and recommendations to strengthen the program. 210 (10) The Department of Health shall adopt necessary rules 211 related to the application cycles and submission of the 212 application form. 213 Section 2. Paragraph (j) is added to subsection (4) of 214 section 215.5602, Florida Statutes, and subsection (12) of that 215 section is amended, to read: 216 215.5602 James and Esther King Biomedical Research 217 Program.— 218 (4) The council shall advise the State Surgeon General as 219 to the direction and scope of the biomedical research program. 220 The responsibilities of the council may include, but are not 221 limited to: 222 (j) The council shall select, by majority vote, six members 223 of the council who must combine with seven members of the 224 Florida Cancer Control and Research Advisory Council to form a 225 joint committee to develop performance measures, a rating 226 system, a rating standard, and an application form for the 227 Cancer Center of Excellence Award created in s. 381.925. 228 (12)(a) Beginning in the 2011-2012 fiscal year and 229 thereafter, $25 million from the revenue deposited into the 230 Health Care Trust Fund pursuant to ss. 210.011(9) and 210.276(7) 231 shall be reserved for research of tobacco-related or cancer 232 related illnesses. Of the revenue deposited in the Health Care 233 Trust Fund pursuant to this section, $25 million shall be 234 transferred to the Biomedical Research Trust Fund within the 235 Department of Health. Subject to annual appropriations in the 236 General Appropriations Act, $5 million shall be appropriated to 237 the James and Esther King Biomedical Research Program, $5 238 million shall be appropriated to the William G. “Bill” Bankhead, 239 Jr., and David Coley Cancer Research Program created under s. 240 381.922, $5 million shall be appropriated to the H. Lee Moffitt 241 Cancer Center and Research Institute established under s. 242 1004.43, $5 million shall be appropriated to the Sylvester 243 Comprehensive Cancer Center of the University of Miami, and $5 244 million shall be appropriated to the Shands Cancer Hospital. 245 (b) Beginning July 1, 2014, an entity which performs or is 246 associated with cancer research or care that receives a specific 247 appropriation for biomedical research, research-related 248 functions, operations or other supportive functions, or 249 expansion of operations in the General Appropriations Act 250 without statutory reporting requirements for the receipt of 251 those funds, must submit an annual fiscal-year progress report 252 to the President of the Senate and the Speaker of the House of 253 Representatives by December 15. The report must: 254 1. Describe the general use of the funds. 255 2. Specify the research, if any, funded by the 256 appropriation. 257 3. Describe any fixed capital outlay project funded by the 258 appropriation, the need for the project, how the project will be 259 utilized, and the timeline for and status of the project, if 260 applicable. 261 4. Identify any federal or private grants or donations 262 generated as a result of the appropriation or activities funded 263 by the appropriation, if applicable and traceable. 264 Section 3. Present subsection (4) of section 381.922, 265 Florida Statutes, is renumbered as subsection (5), and a new 266 subsection (4) is added to that section, to read: 267 381.922 William G. “Bill” Bankhead, Jr., and David Coley 268 Cancer Research Program.— 269 (4) In order to attract and retain experienced research 270 talent and attendant national grant-producing researchers to 271 integrated cancer research and care institutions in this state, 272 the Department of Health shall award endowments to integrated 273 cancer research and care institutions for establishing a funded 274 research chair, pursuant to the General Appropriations Act, 275 specifying an appropriation for this purpose. Funding for the 276 endowed chairs must be independent of funds appropriated 277 pursuant to s. 215.5602(12). The purpose of the endowment is to 278 provide secure funding for at least 7 years to attract an 279 experienced and promising researcher whose continued employment 280 for this period is not contingent upon grant awards associated 281 with time-limited research projects. In addition, the 282 Legislature intends for a research chair to specialize in a 283 cancer-related research field that will facilitate coordination 284 among research institutions within the state and attract other 285 promising researchers and funding to the state. 286 (a) Upon selection of an endowed research chair, the 287 institution shall notify the chairs of the appropriations 288 committees of the Senate and the House of Representatives. An 289 institution funded pursuant to this subsection shall provide to 290 the Governor, the President of the Senate, and the Speaker of 291 the House of Representatives an annual progress report by 292 December 15 that must, at a minimum, provide the research 293 chair’s name; the amount of the endowment fund used for the 294 chair’s salary; research responsibilities; the percentage of 295 time devoted to research if the chair also serves as a member of 296 the faculty; research progress; progress toward achieving the 297 goals of this program; endowment expenditures; balance, interest 298 rate, and interest earned on the endowment; and the amount of 299 federal or private grants or donations generated, if any, as a 300 result of the research chair’s efforts. 301 (b) If an institution must replace an endowed research 302 chair, the endowment must cease funding expenses associated with 303 the endowed research chair, other than reasonable costs for 304 recruitment, until a replacement chair has been retained. While 305 the endowed research chair is vacant, the endowment must 306 continue to earn interest and all earnings must be added to the 307 balance of the endowment. A vacancy tolls the 7-year timeframe 308 for the endowed research chair. 309 Section 4. Present paragraph (r) of subsection (4) of 310 section 1004.435, Florida Statutes, is redesignated as paragraph 311 (s), and a new paragraph (r) is added to that subsection, to 312 read: 313 1004.435 Cancer control and research.— 314 (4) FLORIDA CANCER CONTROL AND RESEARCH ADVISORY COUNCIL; 315 CREATION; COMPOSITION.— 316 (r) The council shall select, by majority vote, seven 317 members of the council who must combine with six members of the 318 Biomedical Research Advisory Council to form a joint committee 319 to develop performance measures, a rating system, a rating 320 standard, and an application form for the Cancer Center of 321 Excellence Award created in s. 381.925. 322 Section 5. This act shall take effect July 1, 2013.