| HOUSE AMENDMENT |
| Bill No. SB 1252 |
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CHAMBER ACTION |
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Representative Murman offered the following: |
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Amendment (with directory and title amendments) |
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On page 29, lines 14-18, |
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remove: all of said lines |
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and insert:
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Administration to implement section 13 of this act during the |
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2002-2003 fiscal year. This section takes effect May 1, 2003. |
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Section 15. Section 430.83, Florida Statutes, is created |
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to read: |
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430.83 Sunshine for Seniors Program.--
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(1) POPULAR NAME.--This section shall be known by the |
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popular name "The Sunshine for Seniors Act." |
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(2) DEFINITIONS.--As used in this section, the term:
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(a) "Application assistance organization" means any |
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private organization that assists individuals with obtaining |
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prescription drugs through manufacturers’ pharmaceutical |
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assistance programs.
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(b) "Eligible individual" means any individual who is 60 |
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years of age or older who lacks adequate pharmaceutical |
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insurance coverage.
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(c) "Manufacturers’ pharmaceutical assistance program" |
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means any program offered by a pharmaceutical manufacturer that |
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provides low-income individuals with prescription drugs free or |
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at reduced prices, including, but not limited to, senior |
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discount card programs and patient assistance programs.
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(3) LEGISLATIVE FINDINGS AND INTENT.--The Legislature |
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finds that the pharmaceutical manufacturers, seeing a need, have |
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created charitable programs to aid low-income seniors with the |
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cost of prescription drugs. The Legislature also finds that many |
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low-income seniors are unaware of such programs or either do not |
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know how to apply for or need assistance in completing the |
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applications for such programs. Therefore, it is the intent of |
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the Legislature that the Department of Elderly Affairs, in |
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consultation with the Agency for Health Care Administration, |
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implement and oversee the Sunshine for Seniors Program to help |
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seniors in accessing manufacturers’ pharmaceutical assistance |
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programs.
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(4) SUNSHINE FOR SENIORS PROGRAM.--There is established a |
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program to assist low-income seniors with obtaining prescription |
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drugs from manufacturers’ pharmaceutical assistance programs, |
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which shall be known as the "Sunshine for Seniors Program." |
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Implementation of the program is subject to the availability of |
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funding and any limitations or directions provided for by the |
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General Appropriations Act or chapter 216.
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(5) IMPLEMENTATION AND OVERSIGHT DUTIES.--In implementing |
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and overseeing the Sunshine for Seniors Program, the Department |
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of Elderly Affairs:
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(a) Shall promote the availability of manufacturers’ |
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pharmaceutical assistance programs to eligible individuals with |
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various outreach initiatives.
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(b) Shall, working cooperatively with pharmaceutical |
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manufacturers and consumer advocates, develop a uniform |
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application form, which shall be available in English, Spanish, |
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and Creole, to be completed by seniors who wish to participate |
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in the Sunshine for Seniors Program.
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(c) May request proposals from application assistance |
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organizations to assist eligible individuals with obtaining |
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prescription drugs through manufacturers’ pharmaceutical |
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assistance programs.
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(d) Shall train volunteers to help eligible individuals |
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fill out applications for the manufacturers’ pharmaceutical |
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assistance programs.
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(e) Shall train volunteers to determine if applicants are |
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available for other state programs.
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(f) Shall seek federal funds to help fund the Sunshine for |
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Seniors Program.
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(g) May seek federal waivers to help fund the Sunshine for |
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Seniors Program.
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(6) COMMUNITY PARTNERSHIPS.--The Department of Elderly |
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Affairs may build private-sector and public-sector partnerships |
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with corporations, hospitals, physicians, pharmacists, |
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foundations, volunteers, state agencies, community groups, area |
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agencies on aging, and any other entities that will further the |
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intent of this section. These community partnerships may also be |
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used to facilitate other pro bono benefits for eligible |
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individuals, including, but not limited to, medical, dental, and |
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prescription services.
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(7) CONTRACTS.--The Department of Elderly Affairs may |
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select and contract with application assistance organizations to |
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assist eligible individuals in obtaining their prescription |
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drugs through the manufacturers’ pharmaceutical assistance |
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programs. If the department contracts with an application |
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assistance organization, the department shall evaluate quarterly |
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the performance of the application assistance organization to |
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ensure compliance with the contract and the quality of service |
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provided to eligible individuals.
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(8) REPORTS AND EVALUATIONS.--By January 1 of each year, |
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while the Sunshine for Seniors Program is operating, the |
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Department of Elderly Affairs shall report to the Legislature |
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regarding the implementation and operation of the Sunshine for |
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Seniors Program.
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(9) NONENTITLEMENT.--The Sunshine for Seniors Program |
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established by this section is not an entitlement. If funds are |
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insufficient to assist all eligible individuals, the Department |
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of Elderly Affairs may develop a waiting list prioritized by |
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application date.
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Section 16. Section 409.9065, Florida Statutes, is amended |
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to read: |
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409.9065 Pharmaceutical expense assistance.-- |
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(1) PROGRAM ESTABLISHED.--There is established a program |
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to provide pharmaceutical expense assistance to eligiblecertain |
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low-income elderly individuals, which shall be known as the "Ron |
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Silver Senior Drug Program" and may be referred to as the |
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"Silver Lifesaver Program." |
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(2) ELIGIBILITY.--Eligibility for the program is limited |
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to those individuals who qualify for limited assistance under |
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the Florida Medicaid program as a result of being dually |
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eligible for both Medicare and Medicaid, but whose limited |
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assistance or Medicare coverage does not include any pharmacy |
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benefit. To the extent funds are appropriated, specifically |
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eligible individuals are individuals who: |
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(a) Are Florida residents age 65 and over; |
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(b) Have an income equal to or less than 200 percent of |
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the federal poverty level;: |
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1. Between 88 and 120 percent of the federal poverty |
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level;
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2. Between 88 and 150 percent of the federal poverty level |
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if the Federal Government increases the federal Medicaid match |
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for persons between 100 and 150 percent of the federal poverty |
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level; or
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3. Between 88 percent of the federal poverty level and a |
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level that can be supported with funds provided in the General |
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Appropriations Act for the program offered under this section |
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along with federal matching funds approved by the Federal |
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Government under a s. 1115 waiver. The agency is authorized to |
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submit and implement a federal waiver pursuant to this |
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subparagraph. The agency shall design a pharmacy benefit that |
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includes annual per-member benefit limits and cost-sharing |
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provisions and limits enrollment to available appropriations and |
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matching federal funds. Prior to implementing this program, the |
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agency must submit a budget amendment pursuant to chapter 216;
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(c) Are eligible for both Medicare and Medicaid; |
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(d) Have exhausted pharmacy benefits under Medicare, |
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Medicaid, or any other insurance planAre not enrolled in a |
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Medicare health maintenance organization that provides a |
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pharmacy benefit; and |
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(e) Request to be enrolled in the program. |
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(3) BENEFITS.--Eligible individuals shall receive a |
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discount for prescription drugsMedications covered under the |
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pharmaceutical expense assistance program are those covered |
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under the Medicaid program in s. 409.906(20)(19). Monthly |
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benefit payments shall be limited to $80 per program |
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participant. Participants are required to make a 10-percent |
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coinsurance payment for each prescription purchased through this |
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program. |
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(a) Eligible individuals with incomes equal to or less |
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than 120 percent of the federal poverty level shall receive a |
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discount of 100 percent for the first $160 worth of prescription |
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drugs they receive each month, subject to copayments that the |
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agency requires on these benefits. For all other prescription |
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drugs received each month, eligible individuals shall receive a |
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discount of 50 percent. |
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(b) Eligible individuals with incomes of more than 120 |
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percent but not more than 150 percent of the federal poverty |
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level shall receive a discount of 50 percent. |
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(c) Eligible individuals with incomes of more than 150 |
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percent but not more than 175 percent of the federal poverty |
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level shall receive a discount of 41 percent.
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(d) Eligible individuals with incomes of more than 175 |
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percent but not more than 200 percent of the federal poverty |
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level shall receive a discount of 37 percent.
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(4) ADMINISTRATION.--The pharmaceutical expense assistance |
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program shall be administered by the agency for Health Care |
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Administration, in collaborationconsultationwith the |
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Department of Elderly Affairs and the Department of Children and |
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Family Services. |
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(a) The Agency for Health Care Administration and the |
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Department of Elderly Affairs shall develop a single-page |
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application for the pharmaceutical expense assistance program.
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(a)(b) The agency for Health Care Administrationshall, by |
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rule, establish for the pharmaceutical expense assistance |
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program eligibility requirements;, limits on participation;, |
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benefit limitations, including copayments;a requirement for |
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generic drug substitution;,and other program parameters |
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comparable to those of the Medicaid program. However, there |
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shall be no monetary limit on prescription drugs purchased with |
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discounts of less than 51 percent unless the agency determines |
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there is a risk of a funding shortfall in the program. If the |
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agency determines there is a risk of a funding shortfall, the |
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agency may establish monetary limits on prescription drugs which |
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shall not be less than $160 worth of prescription drugs per |
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month. |
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(b)(c) By January 1 of each year, the agency for Health |
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Care Administrationshall report to the Legislature on the |
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operation of the program. The report shall include information |
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on the number of individuals served, use rates, and expenditures |
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under the program. The report shall also address the impact of |
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the program on reducing unmet pharmaceutical drug needs among |
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the elderly and recommend programmatic changes. |
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(5) NONENTITLEMENT.--The pharmaceutical expense assistance |
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program established by this section is not an entitlement. |
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Enrollment levels are limited to those authorized by the |
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Legislature in the annual General Appropriations Act. If, after |
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establishing monetary limits as required by paragraph (4)(a), |
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funds are insufficient to serve all eligible individuals |
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eligible under subsection (2) andseeking coverage, the agency |
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may develop a waiting list based on application dates to use in |
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enrolling individuals in unfilled enrollment slots. |
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(6) PHARMACEUTICAL MANUFACTURER PARTICIPATION.--In order |
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for a drug product to be covered under Medicaid or this program, |
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the product's manufacturer shall: |
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(a) Provide a rebate to the state equal to the rebate |
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required by the Medicaid program; and |
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(b) Make the drug product available to the program for the |
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best price that the manufacturer makes the drug product |
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available in the Medicaid program. |
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(7) REIMBURSEMENT.--Totalreimbursements to pharmacies |
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participating in the pharmaceutical expense assistance program |
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established under this section shall be equivalent to |
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reimbursements under the Medicaid program. |
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(8) FEDERAL APPROVAL.--The benefits provided in this |
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section are limited to those approved by the Federal Government |
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pursuant to a Medicaid waiver or an amendment to the state |
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Medicaid plan.
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Section 17. Subsections (7), (8), and (9) are added to |
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section 430.502, Florida Statutes, to read: |
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430.502 Alzheimer's disease; memory disorder clinics and |
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day care and respite care programs.-- |
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(7) The Agency for Health Care Administration and the |
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department shall seek a federal waiver to implement a Medicaid |
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home and community-based waiver targeted to persons with |
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Alzheimer's disease to test the effectiveness of Alzheimer’s |
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specific interventions to delay or to avoid institutional |
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placement.
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(8) The department will implement the waiver program |
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specified in subsection (7). The agency and the department shall |
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ensure that providers are selected that have a history of |
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successfully serving persons with Alzheimer's disease. The |
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department and the agency shall develop specialized standards |
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for providers and services tailored to persons in the early, |
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middle, and late stages of Alzheimer's disease and designate a |
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level of care determination process and standard that is most |
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appropriate to this population. The department and the agency |
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shall include in the waiver services designed to assist the |
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caregiver in continuing to provide in-home care. The department |
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shall implement this waiver program subject to a specific |
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appropriation or as provided in the General Appropriations Act. |
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The department and the agency shall submit their program design |
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to the President of the Senate and the Speaker of the House of |
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Representatives for consultation during the development process.
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(9) Authority to continue the waiver program specified in |
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subsection (7) shall be automatically eliminated at the close of |
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the 2008 Regular Session of the Legislature unless further |
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legislative action is taken to continue it prior to such time.
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Section 18. Paragraph (t) is added to subsection (3) of |
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section 408.036, Florida Statutes, to read: |
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408.036 Projects subject to review.-- |
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(3) EXEMPTIONS.--Upon request, the following projects are |
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subject to exemption from the provisions of subsection (1): |
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(t)1. For the provision of adult open-heart services in a |
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hospital located within the boundaries of Palm Beach, Polk, |
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Martin, St. Lucie, and Indian River Counties if the following |
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conditions are met: The exemption must be based upon objective |
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criteria and address and solve the twin problems of geographic |
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and temporal access. A hospital shall be exempt from the |
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certificate-of-need review for the establishment of an open- |
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heart-surgery program when the application for exemption |
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submitted under this paragraph complies with the following |
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criteria: |
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a. The applicant must certify that it will meet and |
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continuously maintain the minimum licensure requirements adopted |
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by the agency governing adult open-heart programs, including the |
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most current guidelines of the American College of Cardiology |
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and American Heart Association Guidelines for Adult Open Heart |
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Programs. |
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b. The applicant must certify that it will maintain |
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sufficient appropriate equipment and health personnel to ensure |
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quality and safety. |
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c. The applicant must certify that it will maintain |
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appropriate times of operation and protocols to ensure |
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availability and appropriate referrals in the event of |
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emergencies. |
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d. The applicant can demonstrate that it is referring 300 |
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or more patients per year from the hospital, including the |
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emergency room, for cardiac services at a hospital with cardiac |
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services, or that the average wait for transfer for 50 percent |
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or more of the cardiac patients exceeds 4 hours.
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e. The applicant is a general acute care hospital that is |
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in operation for 3 years or more.
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f. The applicant is performing more than 300 diagnostic |
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cardiac catheterization procedures per year, combined inpatient |
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and outpatient.
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g. The applicant's payor mix at a minimum reflects the |
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community average for Medicaid, charity care, and self-pay |
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patients or the applicant must certify that it will provide a |
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minimum of 5 percent of Medicaid, charity care, and self-pay to |
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open-heart-surgery patients.
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h. If the applicant fails to meet the established criteria |
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for open-heart programs or fails to reach 300 surgeries per year |
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by the end of its third year of operation, it must show cause |
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why its exemption should not be revoked. |
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2. By December 31, 2004, and annually thereafter, the |
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Agency for Health Care Administration shall submit a report to |
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the Legislature providing information concerning the number of |
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requests for exemption received under this paragraph and the |
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number of exemptions granted or denied. |
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Section 19. There is annually appropriated the recurring |
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sum of $10 million from the General Revenue Fund to the Florida |
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Alzheimer’s Center and Research Institute as established in s. |
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1004.445, Florida Statutes, to be used for research relating to |
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the prevention, treatment, and cure of Alzheimer’s disease. |
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Section 20. The sum of $20 million is appropriated from |
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the Public Education Capital Outlay and Debt Service Trust Fund |
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for the construction of the Florida Alzheimer's Center and |
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Research Institute at the University of South Florida. The |
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Florida Alzheimer’s Center and Research Institute shall direct |
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the Board of Trustees of the University of South Florida on the |
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expenditure of these funds. |
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Section 21. James and Esther King Center for Universal |
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Research to Eradicate Disease.-- |
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(1) The Legislature finds that an estimated 128 million |
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Americans suffer from acute, chronic, and degenerative diseases |
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and that biomedical research is the key to finding cures for |
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these diseases that negatively affect all Floridians. The |
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Legislature further finds that, while there is much research |
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being conducted throughout this state and throughout the world, |
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there is a lack of coordination of efforts among researchers. |
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The Legislature, therefore, finds that there is a significant |
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need for a coordinated effort if the goal of curing disease is |
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to be achieved. Moreover, the Legislature finds that the |
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biomedical technology sector meets the criteria of a high-impact |
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sector, pursuant to section 288.108, Florida Statutes, having a |
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high importance to this state's economy with a significant |
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potential for growth and contribution to our universities and |
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quality of life.
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(2) It is the intent of the Legislature that Florida |
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strive to become the nation's leader in biomedical research and |
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commit itself to being the state to find cures for the most |
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deadly and widespread diseases. It is further the intent of the |
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Legislature that there be a coordinated effort among the state's |
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public and private universities and the biomedical industry to |
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discover such cures. Moreover, it is the intent of the |
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Legislature to expand the state economy by attracting biomedical |
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researchers and research companies to this state.
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(3) There is established the James and Esther King Center |
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for Universal Research to Eradicate Disease, which shall be |
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known as the "CURED."
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(a) The purpose of the center is to coordinate, improve, |
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expand, and monitor all biomedical research programs within the |
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state, facilitate funding opportunities, and foster improved |
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technology transfer of research findings into clinical trials |
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and widespread public use.
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(b) The goal of the center is to find cures for diseases |
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such as cancer, heart disease, lung disease, diabetes, and |
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neurological disorders, including Alzheimer's disease, epilepsy, |
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and Parkinson's disease.
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(c) The center shall hold an annual biomedical technology |
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summit in Florida to which biomedical researchers, biomedical |
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technology companies, business incubators, pharmaceutical |
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manufacturers, and others around the nation and world are |
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invited to share biomedical research findings in order to |
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expedite the discovery of cures. Summit attendees will be |
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required to cover the costs of such attendance or obtain |
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sponsorship for such attendance.
|
|
368
|
(d) The center shall encourage clinical trials in this |
|
369
|
state on research that holds promise of curing a disease or |
|
370
|
condition. The center shall facilitate partnerships between |
|
371
|
researchers, treating physicians, and community hospitals for |
|
372
|
the purpose of sharing new techniques and new research findings, |
|
373
|
as well as coordinating voluntary donations to ensure an |
|
374
|
adequate supply of adult stem cells or cord blood.
|
|
375
|
(e) The center shall also encourage the discovery and |
|
376
|
production in Florida of vaccines that prevent disease.
|
|
377
|
(f) The center shall monitor the supply and demand needs |
|
378
|
of researchers relating to stem cell research and other types of |
|
379
|
human tissue research. If the center determines that there is a |
|
380
|
need for increased donation of human tissue, it shall notify |
|
381
|
hospitals licensed pursuant to chapter 395, Florida Statutes, |
|
382
|
that have entered into partnership agreements with research |
|
383
|
institutes conducting stem cell research located in the same |
|
384
|
geographic region as the researchers demanding the stem cells or |
|
385
|
other tissues. Such hospitals shall then implement programs that |
|
386
|
encourage voluntary donations of cord blood or other needed |
|
387
|
adult tissue.
|
|
388
|
(g) The center shall be funded through private, state, and |
|
389
|
federal sources.
|
|
390
|
(h) The center shall serve as a registry of all known |
|
391
|
biomedical grant opportunities and may assist any public or |
|
392
|
private biomedical research program in this state in preparing |
|
393
|
grant requests.
|
|
394
|
(i) The center shall maintain a website with links to |
|
395
|
peer-reviewed biomedical research. The website shall also |
|
396
|
contain a list of all known biomedical research being conducted |
|
397
|
in Florida and shall facilitate communication among researchers |
|
398
|
and other interested parties.
|
|
399
|
(j) The center shall submit an annual report to the |
|
400
|
Governor, the President of the Senate, and the Speaker of the |
|
401
|
House of Representatives no later than January 15 which contains |
|
402
|
recommendations for legislative change necessary to foster a |
|
403
|
positive climate for biomedical research in this state.
|
|
404
|
(k) The duties of the center may be outsourced to a |
|
405
|
private entity or state university.
|
|
406
|
(4) There is established within the center an advisory |
|
407
|
council which shall meet at least annually.
|
|
408
|
(a) The council shall consist of the members of the board |
|
409
|
of directors of the Florida Research Consortium and at least one |
|
410
|
representative from:
|
|
411
|
1. The Emerging Technology Commission.
|
|
412
|
2. Enterprise Florida, Inc.
|
|
413
|
3. BioFlorida.
|
|
414
|
4. The Florida Biomedical Research Advisory Council.
|
|
415
|
5. The Florida Medical Foundation.
|
|
416
|
6. Pharmaceutical Research and Manufacturers of America.
|
|
417
|
(b) Members of the council shall serve without |
|
418
|
compensation and each organization represented shall cover all |
|
419
|
expenses of its representative.
|
|
420
|
Section 22. Paragraphs (a) and (b) of subsection (1), |
|
421
|
subsection (2), and paragraph (f) of subsection (10) of section |
|
422
|
215.5602, Florida Statutes, are amended to read: |
|
423
|
215.5602 Florida Biomedical Research Program.-- |
|
424
|
(1) There is established within the Department of Health |
|
425
|
the Florida Biomedical Research Program funded by the proceeds |
|
426
|
of the Lawton Chiles Endowment Fund pursuant to s. 215.5601. The |
|
427
|
purpose of the Florida Biomedical Research Program is to provide |
|
428
|
an annual and perpetual source of funding in order to support |
|
429
|
research initiatives that address the health care problems of |
|
430
|
Floridians in the areas of tobacco-related cancer, |
|
431
|
cardiovascular disease, stroke, and pulmonary disease. The long- |
|
432
|
term goals of the program are to: |
|
433
|
(a) Improve the health of Floridians by researching better |
|
434
|
prevention, diagnoses, and treatments, and curesfor cancer, |
|
435
|
cardiovascular disease, stroke, and pulmonary disease. |
|
436
|
(b) Expand the foundation of biomedical knowledge relating |
|
437
|
to the prevention, diagnosis, and treatment, and cureof |
|
438
|
diseases related to tobacco use, including cancer, |
|
439
|
cardiovascular disease, stroke, and pulmonary disease. |
|
440
|
(2) Funds appropriated for the Florida Biomedical Research |
|
441
|
Program shall be used exclusively for the award of grants and |
|
442
|
fellowships as established in this section; for research |
|
443
|
relating to the prevention, diagnosis, and treatment, and cure |
|
444
|
of diseases related to tobacco use, including cancer, |
|
445
|
cardiovascular disease, stroke, and pulmonary disease; and for |
|
446
|
expenses incurred in the administration of this section. |
|
447
|
Priority shall be granted to research designed to prevent or |
|
448
|
cure disease.
|
|
449
|
(10) The council shall submit an annual progress report on |
|
450
|
the state of biomedical research in this state to the Governor, |
|
451
|
the Secretary of Health, the President of the Senate, and the |
|
452
|
Speaker of the House of Representatives by February 1. The |
|
453
|
report must include: |
|
454
|
(f) Progress in the prevention, diagnosis, and treatment, |
|
455
|
and cureof diseases related to tobacco use, including cancer, |
|
456
|
cardiovascular disease, stroke, and pulmonary disease. |
|
457
|
Section 23. Florida Cancer Research Cooperative.-- |
|
458
|
(1) Effective July 1, 2003, the Florida Cancer Research |
|
459
|
Cooperative is established for the purpose of making the State |
|
460
|
of Florida a world class center for cancer research. |
|
461
|
(2)(a) A not-for-profit corporation, acting as an |
|
462
|
instrumentality of the Florida Dialogue on Cancer, shall be |
|
463
|
organized for the purpose of governing the affairs of the |
|
464
|
cooperative. |
|
465
|
(b) The Florida Cancer Research Cooperative, Inc., may |
|
466
|
create not-for-profit corporate subsidiaries to fulfill its |
|
467
|
mission. The not-for-profit corporation and its subsidiaries are |
|
468
|
authorized to receive, hold, invest, and administer property and |
|
469
|
any moneys acquired from private, local, state, and federal |
|
470
|
sources, as well as technical and professional income generated |
|
471
|
or derived from the mission-related activities of the |
|
472
|
cooperative. |
|
473
|
(c) The affairs of the not-for-profit corporation shall be |
|
474
|
managed by a board of directors which shall consist of: |
|
475
|
1. The Secretary of the Department of Health or his or her |
|
476
|
designee; |
|
477
|
2. The Chief Executive Officer of the H. Lee Moffitt |
|
478
|
Cancer Center or his or her designee; |
|
479
|
3. The President of the University of Florida Shands |
|
480
|
Cancer Center or his or her designee; |
|
481
|
4. The Chief Executive Officer of the University of Miami |
|
482
|
Sylvester Comprehensive Cancer Center or his or her designee; |
|
483
|
5. The Chief Executive Officer of the Mayo Clinic, |
|
484
|
Jacksonville or his or her designee; |
|
485
|
6. The Chief Executive Officer of the American Cancer |
|
486
|
Society, Florida Division or his or her designee; |
|
487
|
7. The President of the American Cancer Society, Florida |
|
488
|
Division Board of Directors or his or her designee; |
|
489
|
8. The President of the Florida Society of Clinical |
|
490
|
Oncology or his or her designee; |
|
491
|
9. The Chief Executive Officer of Enterprise Florida, |
|
492
|
Inc., or his or her designee; |
|
493
|
10. Three representatives from large Florida hospitals or |
|
494
|
institutions, not delineated in subparagraphs 1. through 6., |
|
495
|
that treat a large volume of cancer patients. One shall be |
|
496
|
appointed by the Governor, one shall be appointed by the Speaker |
|
497
|
of the House of Representatives, and one shall be appointed by |
|
498
|
the President of the Senate; |
|
499
|
11. Three representatives from community-based, statewide |
|
500
|
organizations serving populations that experience cancer |
|
501
|
disparities, one of whom shall be appointed by the Governor, one |
|
502
|
of whom shall be appointed by the Speaker of the House of |
|
503
|
Representatives, and one of whom shall be appointed by the |
|
504
|
President of the Senate; |
|
505
|
12. One member of the Florida House of Representatives, to |
|
506
|
be appointed by the Speaker of the House of Representatives; |
|
507
|
13. One member of the Florida Senate, to be appointed by |
|
508
|
the President of the Senate; |
|
509
|
14. Three university presidents, one of whom shall be |
|
510
|
appointed by the Governor, one of whom shall be appointed by the |
|
511
|
Speaker of the House of Representatives, and one of whom shall |
|
512
|
be appointed by the President of the Senate; and |
|
513
|
15. Five representatives from other statewide public |
|
514
|
health organizations whose missions include public education and |
|
515
|
the eradication of cancer, three of whom shall be appointed by |
|
516
|
the Governor, one of whom shall be appointed by the Speaker of |
|
517
|
the House of Representatives, and one of whom shall be appointed |
|
518
|
by the President of the Senate. |
|
519
|
(d) Appointments made by the Speaker of the House of |
|
520
|
Representatives and the President of the Senate pursuant to |
|
521
|
paragraph (c) shall be for 2-year terms, concurrent with the |
|
522
|
bienniums in which they serve as presiding officers. |
|
523
|
(e) Appointments made by the Governor pursuant to |
|
524
|
paragraph (c) shall be for 2-year terms, although the Governor |
|
525
|
may reappoint directors. |
|
526
|
(f) Members of the board of directors of the not-for- |
|
527
|
profit corporation or any subsidiaries shall serve without |
|
528
|
compensation. |
|
529
|
(3) The cooperative shall issue an annual report to the |
|
530
|
Governor, the Speaker of the House of Representatives, and the |
|
531
|
President of the Senate, by December 15 of each year, with |
|
532
|
policy and funding recommendations regarding cancer research |
|
533
|
capacity in Florida and related issues. |
|
534
|
Section 24. Florida Cancer Research Cooperative; mission |
|
535
|
and duties.-- |
|
536
|
(1) The cooperative shall develop and centralize the |
|
537
|
processes and shared services for expanding cancer research in |
|
538
|
Florida through: |
|
539
|
(a) Support through bioinformatics, in order to create a |
|
540
|
cancer informatics infrastructure that enhances information and |
|
541
|
resource exchange and integration through researchers working in |
|
542
|
diverse disciplines to facilitate the full spectrum of cancer |
|
543
|
investigations; |
|
544
|
(b) Technical coordination, business development, and |
|
545
|
support of intellectual property; |
|
546
|
(c) Development of a statewide cancer clinical trials |
|
547
|
network as contemplated in section 21 of this act; and |
|
548
|
(d) Other multidisciplinary research support activities. |
|
549
|
(2) The cooperative shall work in concert with the Center |
|
550
|
for Universal Research to Eradicate Disease created in section |
|
551
|
21 of this act to ensure that the goals of the center are |
|
552
|
advanced. |
|
553
|
Section 25. There is annually appropriated the recurring |
|
554
|
sum of $15 million from the General Revenue Fund to the James |
|
555
|
and Esther King Center for Universal Research to Eradicate |
|
556
|
Disease to be used for the purposes established in section 21 of |
|
557
|
this act or similar legislation enacted into law at the 2003 |
|
558
|
Regular Session. |
|
559
|
Section 26. Section 1004.383, Florida Statutes, is created |
|
560
|
to read: |
|
561
|
1004.383 Chiropractic medicine degree program at Florida |
|
562
|
State University.--A chiropractic medicine degree program is |
|
563
|
authorized at Florida State University.
|
|
564
|
Section 27. Section 460.4062, Florida Statutes, is created |
|
565
|
to read: |
|
566
|
460.4062 Chiropractic medicine faculty certificate.--
|
|
567
|
(1) The Department of Health may issue a chiropractic |
|
568
|
medicine faculty certificate without examination to an |
|
569
|
individual who remits a nonrefundable application fee, not to |
|
570
|
exceed $100 as determined by rule of the Board of Chiropractic |
|
571
|
Medicine, and who demonstrates to the Board of Chiropractic |
|
572
|
Medicine that he or she meets the following requirements:
|
|
573
|
(a) Is a graduate of an accredited school or college of |
|
574
|
chiropractic medicine accredited by the Council on Chiropractic |
|
575
|
Education.
|
|
576
|
(b) Holds a valid current license to practice chiropractic |
|
577
|
medicine in another jurisdiction in the United States.
|
|
578
|
(c) Is at least 21 years of age and of good moral |
|
579
|
character.
|
|
580
|
(d) Has not committed any act or offense in any |
|
581
|
jurisdiction which would constitute the basis for discipline |
|
582
|
under chapter 456 or chapter 460.
|
|
583
|
(e) Has been offered and has accepted a full-time faculty |
|
584
|
appointment to teach in a program of chiropractic medicine at a |
|
585
|
state university.
|
|
586
|
(f) Provides a certification from the dean of the college |
|
587
|
that he or she has accepted the offer of a full-time faculty |
|
588
|
appointment to teach at Florida State University.
|
|
589
|
(2) The certificate shall authorize the holder to practice |
|
590
|
only in conjunction with his or her faculty position at Florida |
|
591
|
State University and its affiliated clinics that are registered |
|
592
|
with the Board of Chiropractic Medicine as sites at which |
|
593
|
holders of chiropractic medicine faculty certificates will be |
|
594
|
practicing. Such certificates shall automatically expire upon |
|
595
|
termination of the holder's relationship with the school or |
|
596
|
after a period of 2 years, whichever occurs first.
|
|
597
|
(3) The holder of a faculty certificate may engage in the |
|
598
|
practice of chiropractic medicine as permitted by this section.
|
|
599
|
(4) Notwithstanding the provisions of subsection (2), a |
|
600
|
chiropractic medicine faculty certificate is renewable every 2 |
|
601
|
years by a holder who applies to the Board of Chiropractic |
|
602
|
Medicine on a form prescribed by the Board of Chiropractic |
|
603
|
Medicine and who continues to satisfy the requirements set forth |
|
604
|
in subsection (1).
|
|
605
|
Section 28. Except as otherwise expressly provided, this |
|
606
|
act shall take effect July 1, 2003, but if it becomes a law |
|
607
|
after May 1, 2003, sections 13 and 14 of this act shall |
|
608
|
|
|
609
|
================= T I T L E A M E N D M E N T ================= |
|
610
|
On page 1, line 2, |
|
611
|
remove: all of said line |
|
612
|
|
|
613
|
and insert: |
|
614
|
An act relating to health care; creating s. 430.83, F.S.; |
|
615
|
providing a popular name; providing definitions; providing |
|
616
|
legislative findings and intent; creating the Sunshine for |
|
617
|
Seniors Program to assist low-income seniors with |
|
618
|
obtaining prescription drugs from manufacturers’ |
|
619
|
pharmaceutical assistance programs; providing |
|
620
|
implementation and oversight duties of the Department of |
|
621
|
Elderly Affairs; providing for community partnerships; |
|
622
|
providing for contracts; requiring annual evaluation |
|
623
|
reports on the program; specifying that the program is not |
|
624
|
an entitlement; amending s. 409.9065, F.S.; revising the |
|
625
|
pharmaceutical expense assistance program for low-income |
|
626
|
elderly individuals; adding eligibility groups; providing |
|
627
|
benefits; requiring the Agency for Health Care |
|
628
|
Administration, in administering the program, to |
|
629
|
collaborate with both the Department of Elderly Affairs |
|
630
|
and the Department of Children and Family Services; |
|
631
|
requiring federal approval of benefits; amending s. |
|
632
|
430.502, F.S.; requiring the Agency for Health Care |
|
633
|
Administration and the Department of Health to seek and |
|
634
|
implement a Medicaid home and community-based waiver for |
|
635
|
persons with Alzheimer's disease; requiring the |
|
636
|
development of waiver program standards; providing for |
|
637
|
consultation with the presiding officers of the |
|
638
|
Legislature; providing for a contingent future repeal of |
|
639
|
such waiver program; amending s. 408.036, F.S.; providing |
|
640
|
an exemption from certificate-of-need requirements for |
|
641
|
certain open-heart-surgery programs; providing criteria |
|
642
|
for qualifying for the exemption; requiring the Agency for |
|
643
|
Health Care Administration to report to the Legislature; |
|
644
|
providing a continuing appropriation for the Florida |
|
645
|
Alzheimer’s Center and Research Institute; providing an |
|
646
|
appropriation for construction of the Florida Alzheimer's |
|
647
|
Center and Research Institute; creating the James and |
|
648
|
Esther King Center for Universal Research to Eradicate |
|
649
|
Disease; providing intent and duties; creating an advisory |
|
650
|
council; amending s. 215.5602, F.S.; expanding the long- |
|
651
|
term goals and funding of the Florida Biomedical Research |
|
652
|
Program to include the cure of specified diseases; |
|
653
|
creating the Florida Cancer Research Cooperative; |
|
654
|
providing for a board of directors; providing the |
|
655
|
cooperative's mission and duties; providing a continuing |
|
656
|
appropriation for the James and Esther King Center for |
|
657
|
Universal Research to Eradicate Disease; creating s. |
|
658
|
1004.383, F.S.; authorizing a chiropractic medicine degree |
|
659
|
program at Florida State University; creating s. 460.4062, |
|
660
|
F.S.; authorizing the Department of Health to issue a |
|
661
|
chiropractic medicine faculty certificate to certain |
|
662
|
chiropractic medicine faculty; authorizing a fee; |
|
663
|
providing requirements; providing for renewal and |
|
664
|
expiration of certificates; |