Florida Senate - 2021                                    SB 1318
       By Senator Harrell
       25-01319-21                                           20211318__
    1                        A bill to be entitled                      
    2         An act relating to organ donation and transplantation;
    3         amending s. 379.352, F.S.; requiring locations where
    4         certain recreational licenses or permits are sold to
    5         display and make available to the public educational
    6         materials relating to organ donation and registration;
    7         requiring that a link to the statewide donor registry
    8         be provided to persons applying for certain
    9         recreational licenses or permits; amending s.
   10         395.1055, F.S.; revising a provision relating to
   11         certain rules adopted by the Agency for Health Care
   12         Administration; amending s. 409.906, F.S.; authorizing
   13         reimbursement for certain organ transplantation
   14         services under the Medicaid program; amending s.
   15         627.6045, F.S.; prohibiting a health insurance policy
   16         from limiting or excluding coverage solely on the
   17         basis that an insured is a living organ donor;
   18         amending s. 765.5155, F.S.; revising the
   19         responsibilities of a contractor procured by the
   20         agency for the purpose of educating and informing the
   21         public about anatomical gifts; amending s. 765.517,
   22         F.S.; prohibiting an organ transplantation facility
   23         from charging a donor or his or her family member any
   24         fee for services relating to the procurement or
   25         donation of organs; amending s. 765.521, F.S.;
   26         revising the requirements for certain programs
   27         encouraging anatomical gifts to include the process of
   28         issuing and renewing recreational licenses and
   29         permits; making technical changes; amending s.
   30         765.522, F.S.; revising a requirement that the agency
   31         establish rules and guidelines relating to the
   32         education of certain individuals designated to perform
   33         certain organ donation procedures; amending s.
   34         765.543, F.S.; revising the duties of the Organ and
   35         Tissue Procurement and Transplantation Advisory Board;
   36         requiring the board to submit certain recommendations
   37         to the agency by a specified date; amending s.
   38         1003.42, F.S.; requiring instruction on organ donation
   39         and registration for students in specified grade
   40         levels; providing an effective date.
   42  Be It Enacted by the Legislature of the State of Florida:
   44         Section 1. Present subsections (13) and (14) of section
   45  379.352, Florida Statutes, are redesignated as subsections (14)
   46  and (15), respectively, and a new subsection (13) is added to
   47  that section, to read:
   48         379.352 Recreational licenses, permits, and authorization
   49  numbers to take wild animal life, freshwater aquatic life, and
   50  marine life; issuance; costs; reporting.—
   51         (13)At each location where hunting, fishing, or trapping
   52  licenses or permits are sold, educational materials regarding
   53  organ donation and registration shall be displayed and made
   54  available to the public. Each person who applies for a hunting,
   55  fishing, or trapping license or permit on the Internet shall be
   56  provided a link to the statewide donor registry operated under
   57  s. 765.5155.
   58         Section 2. Paragraph (i) of subsection (1) of section
   59  395.1055, Florida Statutes, is amended to read:
   60         395.1055 Rules and enforcement.—
   61         (1) The agency shall adopt rules pursuant to ss. 120.536(1)
   62  and 120.54 to implement the provisions of this part, which shall
   63  include reasonable and fair minimum standards for ensuring that:
   64         (i) All hospitals providing organ transplantation, neonatal
   65  intensive care services, inpatient psychiatric services,
   66  inpatient substance abuse services, or comprehensive medical
   67  rehabilitation meet the minimum licensure requirements adopted
   68  by the agency. Such licensure requirements must include quality
   69  of care, nurse staffing, physician staffing, physical plant,
   70  equipment, emergency transportation, and data reporting
   71  standards. Agency rules must include minimum volume standards
   72  for organ transplantation and neonatal intensive care services.
   73         Section 3. Subsection (28) is added to section 409.906,
   74  Florida Statutes, to read:
   75         409.906 Optional Medicaid services.—Subject to specific
   76  appropriations, the agency may make payments for services which
   77  are optional to the state under Title XIX of the Social Security
   78  Act and are furnished by Medicaid providers to recipients who
   79  are determined to be eligible on the dates on which the services
   80  were provided. Any optional service that is provided shall be
   81  provided only when medically necessary and in accordance with
   82  state and federal law. Optional services rendered by providers
   83  in mobile units to Medicaid recipients may be restricted or
   84  prohibited by the agency. Nothing in this section shall be
   85  construed to prevent or limit the agency from adjusting fees,
   86  reimbursement rates, lengths of stay, number of visits, or
   87  number of services, or making any other adjustments necessary to
   88  comply with the availability of moneys and any limitations or
   89  directions provided for in the General Appropriations Act or
   90  chapter 216. If necessary to safeguard the state’s systems of
   91  providing services to elderly and disabled persons and subject
   92  to the notice and review provisions of s. 216.177, the Governor
   93  may direct the Agency for Health Care Administration to amend
   94  the Medicaid state plan to delete the optional Medicaid service
   95  known as “Intermediate Care Facilities for the Developmentally
   96  Disabled.” Optional services may include:
   97         (28)ORGAN TRANSPLANTATION SERVICES.—The agency may pay for
   98  organ transplantation services, including pretransplant,
   99  transplant, and postdischarge services, and treatment of
  100  complications after transplantation for transplants deemed
  101  necessary and appropriate within the guidelines set by the Organ
  102  Transplant Advisory Council under s. 765.53 or the Bone Marrow
  103  Transplant Advisory Panel under s. 627.4236.
  104         Section 4. Present subsections (3) and (4) of section
  105  627.6045, Florida Statutes, are redesignated as subsections (4)
  106  and (5), respectively, and a new subsection (3) is added to that
  107  section, to read:
  108         627.6045 Preexisting condition.—A health insurance policy
  109  must comply with the following:
  110         (3)A preexisting condition provision may not limit or
  111  exclude coverage solely on the basis that an insured is a living
  112  organ donor.
  113         Section 5. Paragraph (b) of subsection (3) of section
  114  765.5155, Florida Statutes, is amended to read:
  115         765.5155 Donor registry; education program.—
  116         (3) The contractor shall be responsible for:
  117         (b) A continuing program to educate and inform medical
  118  professionals, law enforcement agencies and officers, other
  119  state and local government employees, high school students,
  120  minorities, and the public about federal and state the laws of
  121  this state relating to anatomical gifts and the need for
  122  anatomical gifts, including the organ donation and
  123  transplantation process.
  124         1. Existing community resources, when available, must be
  125  used to support the program and volunteers may assist the
  126  program to the maximum extent possible.
  127         2. The contractor shall coordinate with the head of a state
  128  agency or other political subdivision of the state, or his or
  129  her designee, to establish convenient times, dates, and
  130  locations for educating that entity’s employees.
  131         3.The contractor shall, in consultation with the agency
  132  and the State Board of Education, develop an instructional
  133  curriculum for students in grades 9 through 12 relating to organ
  134  donor registration.
  135         Section 6. Subsection (4) of section 765.517, Florida
  136  Statutes, is amended to read:
  137         765.517 Rights and duties at death.—
  138         (4) All reasonable additional expenses incurred in the
  139  procedures to preserve the donor’s organs or tissues shall be
  140  reimbursed by the procurement organization. An organ
  141  transplantation facility may not charge a donor or his or her
  142  family member any fee for services relating to the procurement
  143  or donation of his or her organs.
  144         Section 7. Section 765.521, Florida Statutes, is amended to
  145  read:
  146         765.521 Donations as part of driver license, or
  147  identification card, or recreational license and permit
  148  process.—
  149         (1) The agency and the department shall develop and
  150  implement a program encouraging and allowing persons to make
  151  anatomical gifts as a part of the process of issuing
  152  identification cards, and issuing and renewing driver licenses,
  153  and issuing and renewing recreational licenses and permits. The
  154  donor registration card distributed by the department shall
  155  include the information required by the uniform donor card under
  156  s. 765.514 and such additional information as determined
  157  necessary by the department. The department shall also develop
  158  and implement a program to identify donors which includes
  159  notations on identification cards, driver licenses, and driver
  160  records, and recreational licenses or permits or such other
  161  methods as the department develops to clearly indicate the
  162  individual’s intent to make an anatomical gift. A notation on an
  163  individual’s driver license, or identification card, or
  164  recreational license or permit that the individual intends to
  165  make an anatomical gift satisfies all requirements for consent
  166  to organ or tissue donation. The agency shall provide the
  167  necessary supplies and forms from funds appropriated from
  168  general revenue or contributions from interested voluntary,
  169  nonprofit organizations. The department shall provide the
  170  necessary recordkeeping system from funds appropriated from
  171  general revenue. The department and the agency shall incur no
  172  liability in connection with the performance of any acts
  173  authorized herein.
  174         (2) The department shall maintain an integrated link on its
  175  website which refers referring a visitor renewing a driver
  176  license or recreational license or permit or conducting other
  177  business to the donor registry operated under s. 765.5155.
  178         (3) The department, after consultation with and concurrence
  179  by the agency, shall adopt rules to implement the provisions of
  180  this section in accordance with according to the provisions of
  181  chapter 120.
  182         (4) The agency may not use funds appropriated for patient
  183  care Funds expended by the agency to carry out the intent of
  184  this section may not be taken from funds appropriated for
  185  patient care.
  186         Section 8. Subsection (3) of section 765.522, Florida
  187  Statutes, is amended to read:
  188         765.522 Duty of hospital administrators; liability of
  189  hospital administrators and procurement organizations.—
  190         (3) The agency shall establish rules and guidelines
  191  concerning the education of individuals who may be designated to
  192  perform the request and the procedures to be used in making the
  193  request, including a requirement that such individuals clearly
  194  explain to patients and living organ donors the protocols of the
  195  hospital and the federal and state laws regarding organ
  196  donation. The agency is authorized to adopt rules concerning the
  197  documentation of the request, where such request is made.
  198         Section 9. Subsection (3) of section 765.543, Florida
  199  Statutes, is amended to read:
  200         765.543 Organ and Tissue Procurement and Transplantation
  201  Advisory Board; creation; duties.—
  202         (3)(a) The board shall do all of the following:
  203         1.(a) Assist the agency, in collaboration with other
  204  relevant public or private entities, in the development of
  205  necessary professional qualifications, including, but not
  206  limited to, the continuing education, training, and performance
  207  of licensed health care practitioners and other persons engaged
  208  in the various facets of organ and tissue procurement,
  209  processing, preservation, and distribution for transplantation.;
  210         2.(b) Assist the agency in monitoring the appropriate and
  211  legitimate expenses associated with organ and tissue
  212  procurement, processing, and distribution for transplantation
  213  and developing methodologies to assure the uniform statewide
  214  reporting of data to facilitate the accurate and timely
  215  evaluation of the organ and tissue procurement and
  216  transplantation system.;
  217         3.(c) Provide assistance to the Florida Medical Examiners
  218  Commission in the development of appropriate procedures and
  219  protocols to ensure the continued improvement in the approval
  220  and release of potential donors by the district medical
  221  examiners and associate medical examiners.;
  222         4.(d) Develop with and recommend to the agency the
  223  necessary procedures and protocols required to assure that all
  224  residents of this state have reasonable access to available
  225  organ and tissue transplantation therapy and that residents of
  226  this state can be reasonably assured that the statewide
  227  procurement transplantation system is able to fulfill their
  228  organ and tissue requirements within the limits of the available
  229  supply and according to the severity of their medical condition
  230  and need.; and
  231         5.(e) Develop with and recommend to the agency any changes
  232  to the laws of this state or administrative rules or procedures
  233  to ensure that the statewide organ and tissue procurement and
  234  transplantation system is able to function smoothly,
  235  effectively, and efficiently, in accordance with the Federal
  236  Anatomical Gift Act and in a manner that assures the residents
  237  of this state that no person or entity profits from the
  238  altruistic voluntary donation of organs or tissues.
  239         (b)In addition to the duties described in paragraph (a),
  240  the board must submit to the agency, by September 1, 2022,
  241  recommendations that address all of the following:
  242         1.Frequency of communication between patients and organ
  243  transplant coordinators.
  244         2.Monitoring of each organ transplantation facility and
  245  the annual reporting and publication of relevant information
  246  regarding the statewide number of patients placed on waiting
  247  lists and the number of patients who receive transplants,
  248  aggregated by facility.
  249         3.Establishment of a coordinated communication system
  250  between organ transplantation facilities and living organ donors
  251  for the purpose of minimizing the cost and time required for
  252  duplicative lab tests, including the sharing of lab results
  253  between facilities.
  254         4.Potential incentives for organ transplantation
  255  facilities to increase organ donation in this state.
  256         5.Creation of a more efficient regional or statewide
  257  living organ donor process.
  258         6.Potential opportunities and incentives for organ
  259  transplantation research.
  260         7.Best practices for organ transplantation facilities and
  261  organ procurement organizations which promote the most efficient
  262  and effective outcomes for patients.
  263         8.Monitoring of organ procurement organizations.
  264         Section 10. Paragraph (u) is added to subsection (2) of
  265  section 1003.42, Florida Statutes, to read:
  266         1003.42 Required instruction.—
  267         (2) Members of the instructional staff of the public
  268  schools, subject to the rules of the State Board of Education
  269  and the district school board, shall teach efficiently and
  270  faithfully, using the books and materials required that meet the
  271  highest standards for professionalism and historical accuracy,
  272  following the prescribed courses of study, and employing
  273  approved methods of instruction, the following:
  274         (u)For students in grades 9 through 12, organ donor
  275  registration.
  277  The State Board of Education is encouraged to adopt standards
  278  and pursue assessment of the requirements of this subsection. A
  279  character development program that incorporates the values of
  280  the recipients of the Congressional Medal of Honor and that is
  281  offered as part of a social studies, English Language Arts, or
  282  other schoolwide character building and veteran awareness
  283  initiative meets the requirements of paragraphs (s) and (t).
  284         Section 11. This act shall take effect July 1, 2021.