Florida Senate - 2016 CS for SB 1518 By the Committee on Health Policy; and Senator Grimsley 588-03240-16 20161518c1 1 A bill to be entitled 2 An act relating to cardiovascular services; creating 3 s. 391.224, F.S.; providing legislative findings and 4 intent; creating the Pediatric Cardiac Advisory 5 Council; determining the chair of the advisory 6 council; establishing the membership of the advisory 7 council; identifying the duties of the advisory 8 council; setting the minimum qualifications for the 9 designation of a facility as a Pediatric and 10 Congenital Cardiovascular Center of Excellence; 11 requiring a report to the Governor, the Legislature, 12 and the State Surgeon General; requiring the 13 Department of Health to develop rules relating to 14 pediatric cardiac services and facilities in the 15 Children’s Medical Services Network; authorizing the 16 department to adopt rules relating to the council and 17 the designation of facilities as Pediatric and 18 Congenital Cardiovascular Centers of Excellence; 19 authorizing and preserving until amended specified 20 rules relating to pediatric cardiac services and 21 facilities; amending s. 408.0361, F.S.; expanding 22 rulemaking criteria for the Agency for Health Care 23 Administration for licensure of hospitals performing 24 percutaneous cardiac intervention procedures; 25 providing an effective date. 26 27 Be It Enacted by the Legislature of the State of Florida: 28 29 Section 1. Section 391.224, Florida Statutes, is created to 30 read: 31 391.224 Pediatric Cardiac Advisory Council.— 32 (1) LEGISLATIVE FINDINGS AND INTENT.— 33 (a) The Legislature finds significant benefits in the 34 continued coordination of activities by several state agencies 35 regarding access to pediatric cardiac care in this state. It is 36 the intent of the Legislature that the Department of Health, the 37 department’s cardiac consultants, and the Agency for Health Care 38 Administration maintain their long-standing interagency teams 39 and agreements for the development and adoption of guidelines, 40 standards, and rules for those portions of the state cardiac 41 care system within the statutory authority of each agency. This 42 coordinated approach will continue to ensure the necessary 43 continuum of care for the pediatric cardiac patient. The 44 department has the leadership responsibility for this activity. 45 (b) It is further the intent of the Legislature to 46 establish the Pediatric Cardiac Advisory Council, a statewide, 47 inclusive council within the department. 48 (2) PEDIATRIC CARDIAC ADVISORY COUNCIL.— 49 (a) The State Surgeon General shall appoint the Pediatric 50 Cardiac Advisory Council for the purpose of advising the 51 department on the delivery of cardiac services to children. 52 (b) The chair of the council shall be elected from among 53 the council members every 2 years and may not serve more than 54 two consecutive terms. 55 (c) The council shall meet upon the call of the chair or 56 two or more voting members or upon the call of the State Surgeon 57 General, but must meet at least quarterly. Council meetings must 58 be conducted by teleconference or through other electronic means 59 when feasible. 60 (d) The council shall be composed of no more than 13 voting 61 members with technical expertise in cardiac medicine. Members 62 shall be appointed by the State Surgeon General for staggered 63 terms of 4 years. An employee of the department or a contracted 64 consultant paid by the department may not serve as an appointed 65 member or ex officio member of the council. Council members 66 shall include the following voting members: 67 1. Pediatric cardiologists or pediatric cardiovascular 68 surgeons who have been nominated by their respective chief 69 executive officers and approved by the State Surgeon General 70 from the following facilities for as long as such facilities 71 maintain their pediatric certificates of need: 72 a. All Children’s Hospital in St. Petersburg; 73 b. Arnold Palmer Hospital for Children in Orlando; 74 c. Joe DiMaggio Children’s Hospital in Hollywood; 75 d. Nicklaus Children’s Hospital in Miami; 76 e. St. Joseph’s Children’s Hospital in Tampa; 77 f. University of Florida Health Shands Hospital in 78 Gainesville; 79 g. University of Miami Holtz Children’s Hospital in Miami; 80 and 81 h. Wolfson Children’s Hospital in Jacksonville. 82 83 A hospital with a certificate of need for a pediatric cardiac 84 program that meets state and national standards as determined by 85 the council following an onsite visit by a panel from the 86 council shall have one of its pediatric cardiologists or 87 pediatric cardiovascular surgeons who has been nominated by its 88 chief executive officer and approved by the State Surgeon 89 General appointed to the council as a new voting member. The 90 voting privilege of a voting member of the council appointed 91 pursuant to this subparagraph shall be suspended if the facility 92 he or she represents no longer meets state and national 93 standards as adopted by the council. Such individual may remain 94 a member of the council in an advisory capacity but shall 95 relinquish voting privileges until his or her facility meets 96 such standards. 97 2. Two physicians at large, not associated with a facility 98 that has a representative appointed as a voting member of the 99 council, who are pediatric cardiologists or subspecialists with 100 special expertise or experience in dealing with children or 101 adults with congenital heart disease. These physicians shall be 102 selected by the State Surgeon General in consultation with the 103 Deputy Secretary for Children’s Medical Services and the 104 Director of Children’s Medical Services. 105 3. One community physician who has ongoing involvement with 106 and special interest in children with heart disease and who is 107 not associated with a facility represented in subparagraph 1. or 108 one community-based medical internist having experience with 109 adults with congenital heart disease. The community physician 110 shall be selected by the State Surgeon General in consultation 111 with the Deputy Secretary of Children’s Medical Services and the 112 Director of the Division of Children’s Medical Services. 113 (e) The State Surgeon General may appoint nonvoting 114 advisory members to the council in consultation with the Deputy 115 Secretary for Children’s Medical Services and the Director of 116 Children’s Medical Services. Among such nonvoting advisory 117 members appointed to the council shall be one representative 118 from a pediatric health advocacy group. Such members may 119 participate in council discussions and subcommittees created by 120 the council, but may not vote. 121 (f) The duties of the council include, but are not limited 122 to: 123 1. Recommending standards for personnel, diagnoses, 124 clinics, and facilities rendering cardiac services to the 125 department and the Division of Children’s Medical Services. 126 2. Analyzing reports on the periodic review of cardiac 127 personnel, diagnoses, clinics, and facilities to determine if 128 established state and national standards for cardiac services 129 are met. 130 3. Making recommendations to the Director of Children’s 131 Medical Services as to the approval or disapproval of reviewed 132 cardiac care personnel, diagnoses, clinics, and facilities. 133 4. Making recommendations as to the intervals for 134 reinspection of approved personnel, diagnoses, clinics, and 135 facilities for cardiac care. 136 5. Reviewing and inspecting hospitals upon the request of 137 the hospitals, the department, or the Agency for Health Care 138 Administration to determine if established state and national 139 standards for cardiac services are met. 140 6. Providing input on all aspects of the state’s Children’s 141 Medical Services cardiac programs, including rulemaking. 142 7. Addressing all components of the care of adults and 143 children with congenital heart disease and children with 144 acquired heart disease, as indicated and appropriate. 145 8. Abiding by the recognized state and national 146 professional standards of care for children with heart disease. 147 9. Making recommendations to the State Surgeon General for 148 legislation and appropriations for children’s cardiac services. 149 10. Providing advisory opinions to the Agency for Health 150 Care Administration before the agency approves a certificate of 151 need for children’s cardiac services. 152 (g) A council member shall serve without compensation, but 153 is entitled to reimbursement for per diem and travel expenses in 154 accordance with s. 112.061. 155 (h) At the recommendation of the Pediatric Cardiac Advisory 156 Council and with the approval of the Director of Children’s 157 Medical Services, the State Surgeon General shall designate 158 facilities meeting the council’s approved state and national 159 professional standards of care for children with heart disease 160 as “Pediatric and Congenital Cardiovascular Centers of 161 Excellence.” The designation is withdrawn automatically if a 162 particular center no longer meets such standards. 163 1. The council shall develop and recommend to the State 164 Surgeon General measurable performance standards and goals for 165 determining whether a facility meets the requirements for 166 designation as a “Pediatric and Congenital Cardiovascular Center 167 of Excellence.” 168 2. The council shall develop and recommend to the State 169 Surgeon General evaluation tools for measuring the goals and 170 performance standards of the facilities seeking and receiving 171 the “Pediatric and Congenital Cardiovascular Center of 172 Excellence” designation. 173 (3) ANNUAL REPORT.—The council shall submit an annual 174 report to the Governor, the President of the Senate, the Speaker 175 of the House of Representatives, and the State Surgeon General 176 by January 1 of each year, beginning in 2017. The report must 177 summarize the council’s activities for the preceding fiscal year 178 and include data and performance measures for all pediatric 179 cardiac facilities that participate in the Children’s Medical 180 Services Network relating to surgical morbidity and mortality. 181 The report must also recommend any policy or procedural changes 182 that would increase the council’s effectiveness in monitoring 183 the pediatric cardiovascular programs in the state. 184 (4) RULEMAKING.—The department, in coordination with the 185 Agency for Health Care Administration, shall develop rules 186 related to pediatric cardiac facilities that participate in the 187 Children’s Medical Services Network. The rules may establish 188 standards relating to the training and credentialing of medical 189 and surgical personnel, facility and physician minimum case 190 volumes, and data reporting requirements for monitoring and 191 enhancing quality assurance. The department may adopt rules 192 relating to the establishment, operations, and authority of the 193 Pediatric Cardiac Advisory Council and the establishment, goals, 194 performance standards, and evaluation tools for designating 195 facilities as Pediatric and Congenital Cardiovascular Centers of 196 Excellence. The rules relating to pediatric cardiac services and 197 facilities in effect on October 1, 2015, are authorized pursuant 198 to this subsection and shall remain in effect until amended 199 pursuant to this subsection. 200 Section 2. Paragraph (b) of subsection (3) of section 201 408.0361, Florida Statutes, is amended to read: 202 408.0361 Cardiovascular services and burn unit licensure.— 203 (3) In establishing rules for adult cardiovascular 204 services, the agency shall include provisions that allow for: 205 (b) For a hospital seeking a Level I program, demonstration 206 that, for the most recent 12-month period as reported to the 207 agency, it has provided a minimum of 300 adult inpatient and 208 outpatient diagnostic cardiac catheterizations or, for the most 209 recent 12-month period, has discharged or transferred at least 210 300 inpatients with the principal diagnosis of ischemic heart 211 disease and that it has a formalized, written transfer agreement 212 with a hospital that has a Level II program, including written 213 transport protocols to ensure safe and efficient transfer of a 214 patient within 60 minutes. However, a hospital located more than 215 100 road miles from the closest Level II adult cardiovascular 216 services program does not need to meet the 60-minute transfer 217 time protocol if the hospital demonstrates that it has a 218 formalized, written transfer agreement with a hospital that has 219 a Level II program. The agreement must include written transport 220 protocols to ensure the safe and efficient transfer of a 221 patient, taking into consideration the patient’s clinical and 222 physical characteristics, road and weather conditions, and 223 viability of ground and air ambulance service to transfer the 224 patient. At a minimum, the rules for adult cardiovascular 225 services must require nursing and technical staff to have 226 demonstrated experience in handling acutely ill patients 227 requiring intervention based on the staff members’ previous 228 experience in dedicated cardiac interventional laboratories or 229 surgical centers. If a staff member’s previous experience is in 230 a dedicated cardiac interventional laboratory at a hospital that 231 does not have an approved adult open-heart-surgery program, the 232 staff member’s previous experience qualifies only if, at the 233 time the staff member acquired his or her experience, the 234 dedicated cardiac interventional laboratory: 235 1. Had an annual volume of 500 or more percutaneous cardiac 236 intervention procedures; 237 2. Achieved a demonstrated success rate of 95 percent or 238 greater for percutaneous cardiac intervention procedures; 239 3. Experienced a complication rate of less than 5 percent 240 for percutaneous cardiac intervention procedures; and 241 4. Performed diverse cardiac procedures, including, but not 242 limited to, balloon angioplasty and stenting, rotational 243 atherectomy, cutting balloon atheroma remodeling, and procedures 244 relating to left ventricular support capability. 245 Section 3. This act shall take effect July 1, 2016.