Florida Senate - 2020                          SENATOR AMENDMENT
       Bill No. CS for HB 1187
       
       
       
       
       
       
                                Ì422452ÃÎ422452                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                                       .                                
                                       .                                
                                       .                                
                Floor: 1/AD/2R         .                                
             03/10/2020 03:06 PM       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       Senator Harrell moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (b) of subsection (11) of section
    6  381.0041, Florida Statutes, is amended to read:
    7         381.0041 Donation and transfer of human tissue; testing
    8  requirements.—
    9         (11)
   10         (b) Any person who has human immunodeficiency virus
   11  infection, who knows he or she is infected with human
   12  immunodeficiency virus, and who has been informed that he or she
   13  may communicate this disease by donating blood, plasma, organs,
   14  skin, or other human tissue who donates blood, plasma, organs,
   15  skin, or other human tissue for use in another person commits is
   16  guilty of a felony of the third degree, punishable as provided
   17  in s. 775.082, s. 775.083, or s. 775.084. This paragraph does
   18  not apply if the donation is made specifically for a recipient
   19  who is infected with human immunodeficiency virus and who knows
   20  that the donor is infected with human immunodeficiency virus.
   21         Section 2. Paragraph (j) is added to subsection (1) of
   22  section 395.1055, Florida Statutes, to read:
   23         395.1055 Rules and enforcement.—
   24         (1) The agency shall adopt rules pursuant to ss. 120.536(1)
   25  and 120.54 to implement the provisions of this part, which shall
   26  include reasonable and fair minimum standards for ensuring that:
   27         (j)Hospitals providing organ transplants meet the
   28  following minimum volume of transplants by organ type:
   29         1.For heart transplants, performance of at least 12 such
   30  transplants per year.
   31         2.For liver transplants, performance of at least 5 such
   32  transplants per year.
   33         3.For adult kidney transplants, performance of at least 15
   34  such transplants per year.
   35         4.For pediatric kidney transplants, performance of at
   36  least 5 such transplants per year averaged over a 3-year period.
   37         5.For allogeneic and autologous bone marrow transplants,
   38  performance of at least 10 transplants per year of each such
   39  transplant the hospital offers.
   40         6.For lung transplants, performance of at least 10 such
   41  transplants per year.
   42  
   43  This paragraph expires upon the agency’s adoption of rules
   44  pursuant to s. 765.53(7).
   45         Section 3. Present subsections (3) and (4) of section
   46  627.6045, Florida Statutes, are redesignated as subsections (4)
   47  and (5), respectively, and a new subsection (3) is added to that
   48  section, to read:
   49         627.6045 Preexisting condition.—A health insurance policy
   50  must comply with the following:
   51         (3)A preexisting condition provision may not limit or
   52  exclude coverage solely on the basis that an insured is a living
   53  organ donor.
   54         Section 4. Paragraph (f) of subsection (1) of section
   55  765.514, Florida Statutes, is amended to read:
   56         765.514 Manner of making anatomical gifts.—
   57         (1) A person may make an anatomical gift of all or part of
   58  his or her body under s. 765.512(1) by:
   59         (f) Expressing a wish to donate in a document other than a
   60  will. The document must be signed by the donor in the presence
   61  of two witnesses who shall sign the document in the donor’s
   62  presence. If the donor cannot sign, the document may be signed
   63  for him or her at the donor’s direction and in his or her
   64  presence and the presence of two witnesses who must sign the
   65  document in the donor’s presence. Delivery of the document of
   66  gift during the donor’s lifetime is not necessary to make the
   67  gift valid. The following form of written document is sufficient
   68  for any person to make an anatomical gift for the purposes of
   69  this part:
   70                         UNIFORM DONOR CARD                        
   71  The undersigned hereby makes this anatomical gift, if medically
   72  acceptable, to take effect on death. The words and marks below
   73  indicate my desires:
   74  I give:
   75         (a) .... any needed organs, tissues, or eyes;
   76         (b) .... only the following organs, tissues, or eyes
   77            ...[Specify the organs, tissues, or eyes]...           
   78  for the purpose of transplantation, therapy, medical research,
   79  or education;
   80         (c) .... my body for anatomical study if needed.
   81  Limitations or special wishes, if any:
   82               ...(If applicable, list specific donee;             
   83        this must be arranged in advance with the donee.)...       
   84  
   85  I understand that neither I nor any member of my family is
   86  responsible for the payment of any fees associated with services
   87  relating to the procurement or donation of my organs, tissues,
   88  or eyes.
   89  
   90  Signed by the donor and the following witnesses in the presence
   91  of each other:
   92  ...(Signature of donor)...	...(Date of birth of donor)...
   93  ...(Date signed)...	...(City and State)...
   94  ...(Witness)...	...(Witness)...
   95  ...(Address)...	...(Address)...
   96         Section 5. Paragraph (b) of subsection (3) of section
   97  765.5155, Florida Statutes, is amended to read:
   98         765.5155 Donor registry; education program.—
   99         (3) The contractor shall be responsible for:
  100         (b) A continuing program to educate and inform medical
  101  professionals, law enforcement agencies and officers, other
  102  state and local government employees, high school students,
  103  minorities, and the public about state and federal the laws of
  104  this state relating to anatomical gifts and the need for
  105  anatomical gifts, including the organ donation and
  106  transplantation process.
  107         1. Existing community resources, when available, must be
  108  used to support the program and volunteers may assist the
  109  program to the maximum extent possible.
  110         2. The contractor shall coordinate with the head of a state
  111  agency or other political subdivision of the state, or his or
  112  her designee, to establish convenient times, dates, and
  113  locations for educating that entity’s employees.
  114         Section 6. Subsection (4) of section 765.517, Florida
  115  Statutes, is amended to read:
  116         765.517 Rights and duties at death.—
  117         (4) All reasonable additional expenses incurred in the
  118  procedures to preserve the donor’s organs or tissues shall be
  119  reimbursed by the procurement organization. An organ procurement
  120  organization may not charge a deceased donor or his or her
  121  family member any fee for services relating to the procurement
  122  or donation of the deceased donor’s organs.
  123         Section 7. Section 765.5175, Florida Statutes, is created
  124  to read:
  125         765.5175Rights and duties of living donors.—An organ
  126  transplantation facility may not charge a living donor or his or
  127  her family member, other than a family member who is the
  128  recipient of the organ, any fee for services relating to the
  129  procurement or donation of his or her organs.
  130         Section 8. Section 765.53, Florida Statutes, is amended to
  131  read:
  132         (Substantial rewording of section. See
  133         s. 765.53, F.S., for present text.)
  134         765.53Organ Transplant Technical Advisory Council.—
  135         (1)CREATION AND PURPOSE.—The Organ Transplant Technical
  136  Advisory Council, an advisory council as defined in s. 20.03, is
  137  created within the agency to develop standards for measuring
  138  quality and outcomes of adult and pediatric organ transplant
  139  programs. In order to increase the number of organs available
  140  for transplantation in this state, the council shall advise the
  141  agency and the Legislature regarding the cost savings, trends,
  142  research, and protocols and procedures relating to organ
  143  donation and transplantation, including the availability of
  144  organs for donation, organ donor benefits, and access to organ
  145  transplants for persons with disabilities. Unless otherwise
  146  expressly provided in this section, the council shall operate in
  147  a manner consistent with s. 20.052.
  148         (2)MEMBERS.—
  149         (a)Voting members of the council must have technical
  150  expertise in adult or pediatric organ transplantation. The chief
  151  executive officers of the following organ transplantation
  152  facilities shall each appoint one representative, who must be an
  153  organ transplant nurse coordinator licensed under chapter 464 or
  154  an organ transplant surgeon licensed under chapter 458 or
  155  chapter 459, to serve as a voting member of the council:
  156         1.Jackson Memorial Hospital in Miami.
  157         2.Tampa General Hospital in Tampa.
  158         3.University of Florida Health Shands Hospital in
  159  Gainesville.
  160         4.AdventHealth Orlando in Orlando.
  161         5.Mayo Clinic in Jacksonville.
  162         6.Cleveland Clinic Florida in Weston.
  163         7.Largo Medical Center in Largo.
  164         8.Broward Health Medical Center in Fort Lauderdale.
  165         (b)Voting members of the council must reflect the ethnic
  166  and gender diversity of this state.
  167         (c)The Secretary of Health Care Administration, or his or
  168  her designee, shall serve as the chair and as a nonvoting member
  169  of the council.
  170         (d)The Secretary of Health Care Administration shall
  171  appoint the following individuals to serve as voting members of
  172  the council:
  173         1.The State Surgeon General or his or her designee.
  174         2.A parent of a child who has had an organ transplant.
  175         3.An adult who has had an organ transplant.
  176         4.An adult patient who is on an organ transplant waiting
  177  list.
  178         5.A licensed organ transplant physician for each of the
  179  following organ types:
  180         a.Kidneys.
  181         b.Lungs.
  182         c.Heart.
  183         d.Liver.
  184         e.Pancreas.
  185         6.A representative from an organ procurement organization.
  186         7.An administrator of an organ transplant program.
  187         (e)Appointments made under paragraph (a) are contingent
  188  upon the hospital’s compliance with chapter 395 and rules
  189  adopted thereunder. A member of the council appointed under
  190  paragraph (a) whose hospital fails to comply with such law and
  191  rules may serve only as a nonvoting member until the hospital
  192  comes into compliance.
  193         (f)Any vacancy on the council must be filled in the same
  194  manner as the original appointment. Members are eligible for
  195  reappointment.
  196         (g)Members of the council shall serve without compensation
  197  but may be reimbursed as provided in s. 112.061 for per diem and
  198  travel expenses incurred in the performance of their duties
  199  under this section.
  200         (3)MEETINGS.—The council shall meet at least twice
  201  annually and upon the call of the chair. The council may use any
  202  method of telecommunications to conduct its meetings.
  203         (4)DUTIES.—The council shall recommend to the agency and
  204  the Legislature the standards for quality care of adult and
  205  pediatric organ transplant patients, including recommendations
  206  on standards related to minimum volume of transplants by organ
  207  type; personnel; physical plant; equipment; transportation; and
  208  data reporting for hospitals that perform organ transplants. The
  209  council may further advise the agency and the Legislature
  210  regarding research focused on improving overall organ
  211  availability and benefits for organ donors. A voting member may
  212  vote on standards related to a specific type of organ only if he
  213  or she represents a hospital that has a transplant program for
  214  that organ.
  215         (5)REPORT.—By October 1, 2021, and every 5 years
  216  thereafter, the council shall submit a report of its
  217  recommendations to the Governor, the President of the Senate,
  218  the Speaker of the House of Representatives, the Secretary of
  219  Health Care Administration, and the State Surgeon General.
  220         (6)SOVEREIGN IMMUNITY.—Members of the council acting in
  221  good faith in the performance of their duties under this section
  222  are considered agents of the state for purposes of s. 768.28.
  223         (7)AGENCY RULES.—
  224         (a)Based on the recommendations of the council, the agency
  225  shall develop and adopt rules for organ transplant programs
  226  which, at a minimum, include all of the following:
  227         1.Quality of care standards for adult and pediatric organ
  228  transplants, including those related to minimum volume
  229  thresholds by organ type; personnel; physical plant; equipment;
  230  transportation; and data reporting.
  231         2.Outcome and survival rate standards that meet or exceed
  232  nationally established levels of performance in organ
  233  transplantation.
  234         3.Specific steps to be taken by the agency and licensed
  235  facilities when the facilities do not meet the volume, outcome,
  236  or survival rate standards within a specified timeframe that
  237  includes the time required for detailed case reviews and the
  238  development and implementation of corrective action plans.
  239         (b)This subsection is repealed July 1, 2030, unless
  240  reviewed and saved from repeal through reenactment by the
  241  Legislature.
  242         Section 9. Subsection (3) of section 765.543, Florida
  243  Statutes, is amended to read:
  244         765.543 Organ and Tissue Procurement and Transplantation
  245  Advisory Board; creation; duties.—
  246         (3) The board shall:
  247         (a) Assist the agency, in collaboration with other relevant
  248  public or private entities, in the development of necessary
  249  professional qualifications, including, but not limited to, the
  250  continuing education, training, and performance of persons
  251  engaged in the various facets of organ and tissue procurement,
  252  processing, preservation, and distribution for transplantation;
  253         (b) Assist the agency in monitoring the appropriate and
  254  legitimate expenses associated with organ and tissue
  255  procurement, processing, and distribution for transplantation
  256  and developing methodologies to assure the uniform statewide
  257  reporting of data to facilitate the accurate and timely
  258  evaluation of the organ and tissue procurement and
  259  transplantation system;
  260         (c) Provide assistance to the Florida Medical Examiners
  261  Commission in the development of appropriate procedures and
  262  protocols to ensure the continued improvement in the approval
  263  and release of potential donors by the district medical
  264  examiners and associate medical examiners;
  265         (d) Develop with and recommend to the agency the necessary
  266  procedures and protocols required to assure that all residents
  267  of this state have reasonable access to available organ and
  268  tissue transplantation therapy and that residents of this state
  269  can be reasonably assured that the statewide procurement
  270  transplantation system is able to fulfill their organ and tissue
  271  requirements within the limits of the available supply and
  272  according to the severity of their medical condition and need;
  273  and
  274         (e) Develop with and recommend to the agency any changes to
  275  the laws of this state or administrative rules or procedures to
  276  ensure that the statewide organ and tissue procurement and
  277  transplantation system is able to function smoothly,
  278  effectively, and efficiently, in accordance with the Federal
  279  Anatomical Gift Act and in a manner that assures the residents
  280  of this state that no person or entity profits from the
  281  altruistic voluntary donation of organs or tissues.
  282         (f)In addition to the general duties described in this
  283  subsection, by September 1, 2021, submit to the agency
  284  recommendations that address all of the following:
  285         1.The frequency of communication between patients and
  286  organ transplant coordinators.
  287         2.The monitoring of each organ transplantation facility
  288  and the annual reporting and publication of relevant information
  289  regarding the statewide number of patients placed on waiting
  290  lists and the number of patients who receive transplants,
  291  aggregated by the facility.
  292         3.The establishment of a coordinated communication system
  293  between organ transplantation facilities and living organ donors
  294  for the purpose of minimizing the cost and time required for
  295  duplicative lab tests, including the sharing of lab results
  296  between facilities.
  297         4.The potential incentives for organ transplantation
  298  facilities which may be necessary to increase organ donation in
  299  this state.
  300         5.The evaluation and encouragement of an efficient living
  301  organ donor process.
  302         6.The potential opportunities and incentives for organ
  303  transplantation research.
  304         7.The best practices for organ transplantation facilities
  305  and organ procurement organizations which promote the most
  306  efficient and effective outcomes for patients.
  307         8.The monitoring of organ procurement organizations.
  308         Section 10. Section 765.548, Florida Statutes, is created
  309  to read:
  310         765.548Duties of the agency; organ donation.—
  311         (1)The agency shall do all of the following:
  312         (a)Monitor the operation of each organ transplantation
  313  facility and organ procurement organization located in this
  314  state.
  315         (b)Develop uniform statewide rules regarding organ
  316  donation. The rules must require that each hospital that
  317  performs organ transplants designate at least one employee or
  318  representative of the hospital who is educated on the protocols
  319  of the hospital and federal and state regulations regarding
  320  organ donation to provide a clear explanation of such subjects
  321  to any patient, or a patient′s representative, who is
  322  considering posthumous or living organ donation. The rules may
  323  also include, but need not be limited to, procedures for
  324  maintaining a coordinated system of communication between organ
  325  transplantation facilities.
  326         (c)Evaluate the current protocols and procedures used by
  327  organ transplantation facilities and make recommendations for
  328  improving such protocols and procedures.
  329         (d)Establish annual reporting requirements for organ
  330  transplantation facilities and organ procurement organizations.
  331         (e)In consultation with the State Board of Education and
  332  the contractor procured by the agency pursuant to s. 765.5155,
  333  develop a curriculum for educating high school students
  334  regarding the laws of this state relating to organ donation.
  335         (2)By December 1, 2021, and each year thereafter, the
  336  agency shall publish any data and other relevant information to
  337  adequately inform patients and potential donors about organ
  338  donation and organ transplantation.
  339         Section 11. Paragraph (e) of subsection (2) of section
  340  409.815, Florida Statutes, is amended to read:
  341         409.815 Health benefits coverage; limitations.—
  342         (2) BENCHMARK BENEFITS.—In order for health benefits
  343  coverage to qualify for premium assistance payments for an
  344  eligible child under ss. 409.810-409.821, the health benefits
  345  coverage, except for coverage under Medicaid and Medikids, must
  346  include the following minimum benefits, as medically necessary.
  347         (e) Organ transplantation services.—Covered services
  348  include pretransplant, transplant, and postdischarge services
  349  and treatment of complications after transplantation for
  350  transplants deemed necessary and appropriate within the
  351  guidelines set by the Organ Transplant Technical Advisory
  352  Council under s. 765.53 or the Bone Marrow Transplant Advisory
  353  Panel under s. 627.4236.
  354         Section 12. This act shall take effect July 1, 2020.
  355  
  356  ================= T I T L E  A M E N D M E N T ================
  357  And the title is amended as follows:
  358         Delete everything before the enacting clause
  359  and insert:
  360                        A bill to be entitled                      
  361         An act relating to organ donation; amending s.
  362         381.0041, F.S.; providing that it is a felony for
  363         certain persons who are infected with human
  364         immunodeficiency virus to donate blood, plasma,
  365         organs, skin, or other human tissue for use in another
  366         person, with an exception; amending s. 395.1055, F.S.;
  367         requiring the Agency for Health Care Administration to
  368         adopt by rule specified minimum standards for certain
  369         organ transplants; providing for the expiration of the
  370         requirement upon the adoption of specified rules;
  371         amending s. 627.6045, F.S.; prohibiting a health
  372         insurance policy from limiting or excluding coverage
  373         solely on the basis that an insured is a living organ
  374         donor; amending s. 765.514, F.S.; revising a written
  375         document required for making an anatomical gift to
  376         include a specified statement relating to the
  377         responsibility of payment for fees associated with
  378         certain services; amending s. 765.5155, F.S.; revising
  379         the responsibilities of a contractor procured by the
  380         agency for the purpose of educating and informing the
  381         public about anatomical gifts; amending s. 765.517,
  382         F.S.; prohibiting an organ procurement organization
  383         from charging a deceased donor or his or her family
  384         member any fee for services relating to the
  385         procurement or donation of organs; creating s.
  386         765.5175, F.S.; prohibiting an organ transplantation
  387         facility from charging a living donor or his or her
  388         family member any fee for services relating to the
  389         procurement or donation of organs, with an exception;
  390         amending s. 765.53, F.S.; establishing the Organ
  391         Transplant Technical Advisory Council within the
  392         agency for a specified purpose; providing for
  393         membership, meetings, and duties of the council;
  394         requiring the council to submit a report to the
  395         Governor, the Legislature, the Secretary of Health
  396         Care Administration, and the State Surgeon General by
  397         a specified date and periodically thereafter;
  398         providing for sovereign immunity of council members
  399         under certain circumstances; requiring the agency to
  400         adopt specified rules based on the council’s
  401         recommendations; providing for future legislative
  402         review and repeal of certain provisions; amending s.
  403         765.543, F.S.; revising the duties of the Organ and
  404         Tissue Procurement and Transplantation Advisory Board;
  405         requiring the board to submit certain recommendations
  406         to the agency by a specified date; creating s.
  407         765.548, F.S.; providing additional duties of the
  408         agency relating to organ transplantation facilities
  409         and organ procurement organizations and organ donation
  410         procedures and protocols; requiring the agency to
  411         publish certain data and information by a specified
  412         date and annually thereafter; amending s. 409.815,
  413         F.S.; conforming a provision to changes made by the
  414         act; providing an effective date.