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 commitsis16guilty ofa 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 federalthelawsof104this staterelating 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: 125 765.5175 Rights 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.) 134 765.53 Organ 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: 310 765.548 Duties 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.