Florida Senate - 2019                                    SB 1348
       By Senator Gruters
       23-01383A-19                                          20191348__
    1                        A bill to be entitled                      
    2         An act relating to the Health Innovation Commission;
    3         creating s. 381.995, F.S.; creating the Health
    4         Innovation Commission within the Agency for Health
    5         Care Administration; specifying the purpose of the
    6         commission; providing for membership, meetings, and
    7         duties of the commission; providing requirements for
    8         proposals for innovative improvements to the health
    9         care delivery system and requests for exemptions from
   10         specified laws or rules; requiring the commission to
   11         review such proposals with the assistance of relevant
   12         state agencies, if needed; requiring the commission to
   13         provide its findings and decision to the applicant
   14         within a specified timeframe; providing limitations on
   15         such exemptions; requiring the agency to submit an
   16         annual report of the commission’s activities to the
   17         Governor and Legislature by a specified date;
   18         providing rulemaking authority; providing an effective
   19         date.
   21  Be It Enacted by the Legislature of the State of Florida:
   23         Section 1. Section 381.995, Florida Statutes, is created to
   24  read:
   25         381.995Health Innovation Commission.—
   26         (1)The Health Innovation Commission, a commission as
   27  defined in s. 20.03(10), is created within the Agency for Health
   28  Care Administration for the purpose of facilitating the
   29  implementation of innovative ideas to increase efficiency,
   30  reduce costs, and improve patient outcomes in the health care
   31  delivery system. The commission is assigned to the agency for
   32  administrative, staffing, and fiscal accountability purposes,
   33  but it shall otherwise function independently of the control and
   34  direction of the agency.
   35         (2)(a)The commission shall convene no later than December
   36  1, 2019, and shall be composed of 11 members who have experience
   37  in the health care delivery system, including health care
   38  industry representatives, health care practitioners, and
   39  consumers. Three members shall be appointed by the Governor,
   40  three members shall be appointed by the President of the Senate,
   41  and three members shall be appointed by the Speaker of the House
   42  of Representatives. The Secretary of Health Care Administration
   43  and the State Surgeon General shall serve as ex officio
   44  nonvoting members. The Governor shall appoint the chair of the
   45  commission.
   46         (b)Members shall serve without compensation and are not
   47  entitled to reimbursement for per diem or travel expenses.
   48         (c)The commission shall meet at least quarterly or upon
   49  the call of the chair and as often as necessary to carry out its
   50  duties and responsibilities. The commission may use any method
   51  of telecommunications to conduct its meetings.
   52         (3)(a)The commission shall solicit proposals for
   53  innovative improvements to the health care delivery system which
   54  would require an exemption from one of the following provisions
   55  of law or rule to effectively or efficiently implement the
   56  proposal:
   57         1.The requirements of s. 408.036, and any related rules.
   58         2.The licensure restrictions in s. 395.003(8), and any
   59  related rules.
   60         3.The time limitations in s. 395.002(3), and any related
   61  rules.
   62         4.The practice restrictions in s. 465.003(13), and any
   63  related rules.
   64         5.The licensure restrictions in s. 456.065, or any similar
   65  restrictions in a practice act for a health care practitioner as
   66  defined in s. 456.001, and any related rules, if the person
   67  holds an active and unencumbered license to practice such health
   68  care profession in another state.
   69         6.The supervisory protocol requirements in s. 464.003(2)
   70  or s. 464.012(3), and any related rules.
   71         (b)A proposal must offer a solution to an existing problem
   72  in the health care delivery system that would increase
   73  efficiency, reduce costs, or improve patient outcomes. Based on
   74  such a proposal, the commission may grant an exemption from a
   75  law or rule in accordance with this section.
   76         (4)(a)A person may submit a proposal to the commission for
   77  review in a form created by commission rule. Such a proposal
   78  must, at a minimum:
   79         1.Identify an existing problem in the health care delivery
   80  system, including inefficiency, high costs, or poor patient
   81  outcomes;
   82         2.Propose a specific alternative or innovative health care
   83  delivery or payment model to solve the problem that the
   84  applicant will be able to implement, and describe the necessary
   85  changes to current practice required to effectively implement
   86  the solution;
   87         3.Demonstrate, using real data or prior experience, how
   88  and to what extent the proposed solution will promote efficiency
   89  in the health care delivery system, improve patient outcomes, or
   90  reduce health care costs to the consumer, industry, or
   91  government; and
   92         4.Identify specific barriers to the implementation of the
   93  proposed solution in current law or rule, request that the
   94  commission grant an exemption from such law or rule, and
   95  demonstrate the impact such exemption would have on patient
   96  health and safety.
   97         (b)Upon receipt of a proposal, the commission shall
   98  perform a preliminary review of the proposal and may call upon
   99  relevant state agencies for professional assistance as needed to
  100  perform the review. The state agencies shall provide such
  101  assistance in a timely manner, which may include, but is not
  102  limited to:
  103         1.Providing background information on the issue,
  104  including, but not limited to, relevant policies, laws, rules,
  105  and data;
  106         2.Identifying what agency action, if any, would be
  107  required to implement the proposed solution; and
  108         3.Assessing whether the proposed solution would achieve
  109  the purpose of this section, and if not, recommending any way in
  110  which the proposed solution could be amended to do so.
  111         (c)Based on its full review of the proposal and any
  112  information provided by the relevant state agencies, the
  113  commission shall adopt written findings that include a statement
  114  of the relevant facts and the rationale for granting or denying
  115  the request for an exemption. The commission shall provide a
  116  copy of its written findings and decision to the applicant
  117  within 30 days after finalizing its decision.
  118         (d)The commission may only grant an exemption from a law
  119  or rule to the extent necessary to implement the proposal. The
  120  commission may impose conditions on the grant, but only to the
  121  extent necessary to achieve the purpose of this section. The
  122  commission may not grant an exemption from a law or rule if
  123  doing so would violate federal law or jeopardize public health
  124  and safety or if the law or rule is required by the Federal
  125  Government for implementation or retention of any federally
  126  approved or delegated program, except as authorized by such
  127  program or if approved by the appropriate agency of the Federal
  128  Government. The commission shall only grant a request for an
  129  exemption from a law or rule if it determines there is
  130  compelling evidence to show that:
  131         1.The proposal is likely to achieve the purpose of this
  132  section;
  133         2.An exemption from the specified law or rule is necessary
  134  for the effective implementation of the proposal; and
  135         3.The potential benefits of the proposal outweigh any
  136  potential harm to the public health and safety that may result
  137  from such exemption.
  138         (e)If the commission grants a request for an exemption
  139  from a law or rule, it must file a copy of its written findings
  140  and decision with the relevant state agencies within 30 days
  141  after finalizing its decision.
  142         (5)By November 1 of each year, the agency shall submit a
  143  report of the commission’s activities to the Governor, the
  144  President of the Senate, and the Speaker of the House of
  145  Representatives. The report shall include, at a minimum:
  146         (a)Summaries of the proposals reviewed by the commission
  147  during the previous fiscal year, including background
  148  information, an explanation of the proposed solutions, a fiscal
  149  analysis, any barriers to implementing the proposed solutions in
  150  existing law or rule at the time during which the proposals were
  151  submitted, and a copy of the commission’s written findings and
  152  decisions; and
  153         (b)A list of any provisions of law or rule from which the
  154  commission granted exemptions within the previous fiscal year.
  155         (6)The commission may adopt rules necessary to implement
  156  this section.
  157         Section 2. This act shall take effect July 1, 2019.