Florida Senate - 2012                             CS for SB 1646
       
       
       
       By the Committee on Budget Subcommittee on Health and Human
       Services Appropriations; and Senator Flores
       
       
       
       603-04244-12                                          20121646c1
    1                        A bill to be entitled                      
    2         An act relating to Medicaid; amending s. 409.905,
    3         F.S.; revising the date for adjusting hospital
    4         inpatient rates; amending s. 409.9122, F.S.; deleting
    5         a geographic limitation on where HIV/AIDS recipients
    6         must reside for the purposes of being assigned to
    7         certain managed care plans; amending s. 1004.435,
    8         F.S.; revising legislative intent to delete provisions
    9         relating to research activities for cancer control;
   10         changing the name of the cancer control and research
   11         advisory council to the Florida Cancer Control and
   12         Resource Advisory Council; providing for the
   13         appointment and terms of council members and duties of
   14         the council; providing for a nominating committee to
   15         make recommendations for gubernatorial appointments to
   16         the council; providing for council membership
   17         categories; providing for an executive committee of
   18         the council and duties of the committee; authorizing
   19         consultants to the council; providing duties of the
   20         council for the development, review, and approval of
   21         the Florida Cancer Plan; deleting responsibilities of
   22         the council and the Board of Governors of the State
   23         University System relating to cancer research;
   24         authorizing the Department of Health to adopt rules
   25         for implementation of the section; providing
   26         department duties relating to the development and
   27         establishment of the Florida Cancer Plan; revising the
   28         name of the cancer control fund and deleting the use
   29         of funds for cancer research; amending ss. 458.324 and
   30         459.0125, F.S.; conforming cross-references; requiring
   31         that the Agency for Health Care Administration create
   32         a demonstration project to address funding issues
   33         related to the Medicaid program’s share of medical
   34         residency training expenditures; providing for a
   35         federally qualified health center to establish a
   36         graduate medical education program in Miami-Dade
   37         County through Florida International University;
   38         providing requirements for the agreement between the
   39         university and managed care organizations allocating
   40         funds for the project; requiring that the Agency for
   41         Health Care Administration provide an annual report to
   42         the Governor and Legislature; providing an effective
   43         date.
   44  
   45  Be It Enacted by the Legislature of the State of Florida:
   46  
   47         Section 1. Paragraph (c) of subsection (5) of section
   48  409.905, Florida Statutes, is amended to read:
   49         409.905 Mandatory Medicaid services.—The agency may make
   50  payments for the following services, which are required of the
   51  state by Title XIX of the Social Security Act, furnished by
   52  Medicaid providers to recipients who are determined to be
   53  eligible on the dates on which the services were provided. Any
   54  service under this section shall be provided only when medically
   55  necessary and in accordance with state and federal law.
   56  Mandatory services rendered by providers in mobile units to
   57  Medicaid recipients may be restricted by the agency. Nothing in
   58  this section shall be construed to prevent or limit the agency
   59  from adjusting fees, reimbursement rates, lengths of stay,
   60  number of visits, number of services, or any other adjustments
   61  necessary to comply with the availability of moneys and any
   62  limitations or directions provided for in the General
   63  Appropriations Act or chapter 216.
   64         (5) HOSPITAL INPATIENT SERVICES.—The agency shall pay for
   65  all covered services provided for the medical care and treatment
   66  of a recipient who is admitted as an inpatient by a licensed
   67  physician or dentist to a hospital licensed under part I of
   68  chapter 395. However, the agency shall limit the payment for
   69  inpatient hospital services for a Medicaid recipient 21 years of
   70  age or older to 45 days or the number of days necessary to
   71  comply with the General Appropriations Act.
   72         (c) The agency shall implement a methodology for
   73  establishing base reimbursement rates for each hospital based on
   74  allowable costs, as defined by the agency. Rates shall be
   75  calculated annually and take effect July 1 of each year based on
   76  the most recent complete and accurate cost report submitted by
   77  each hospital. Adjustments may not be made to the rates after
   78  October 31 September 30 of the state fiscal year in which the
   79  rates take rate takes effect. Errors in cost reporting or
   80  calculation of rates discovered after October 31 September 30
   81  must be reconciled in a subsequent rate period. The agency may
   82  not make any adjustment to a hospital’s reimbursement rate more
   83  than 5 years after a hospital is notified of an audited rate
   84  established by the agency. The requirement that the agency may
   85  not make any adjustment to a hospital’s reimbursement rate more
   86  than 5 years after a hospital is notified of an audited rate
   87  established by the agency is remedial and applies shall apply to
   88  actions by providers involving Medicaid claims for hospital
   89  services. Hospital rates are shall be subject to such limits or
   90  ceilings as may be established in law or described in the
   91  agency’s hospital reimbursement plan. Specific exemptions to the
   92  limits or ceilings may be provided in the General Appropriations
   93  Act.
   94         Section 2. Paragraph (l) of subsection (2) of section
   95  409.9122, Florida Statutes, is amended to read:
   96         409.9122 Mandatory Medicaid managed care enrollment;
   97  programs and procedures.—
   98         (2)
   99         (l) If the Medicaid recipient is diagnosed with HIV/AIDS
  100  and resides in Broward County, Miami-Dade County, or Palm Beach
  101  County, the agency shall assign the Medicaid recipient to a
  102  managed care plan that is a health maintenance organization
  103  authorized under chapter 641, is under contract with the agency
  104  on July 1, 2011, and which offers a delivery system through a
  105  university-based teaching and research-oriented organization
  106  that specializes in providing health care services and treatment
  107  for individuals diagnosed with HIV/AIDS.
  108  
  109  This subsection expires October 1, 2014.
  110         Section 3. Section 1004.435, Florida Statutes, is amended
  111  to read:
  112         1004.435 Cancer control and resource advisory council
  113  research.—
  114         (1) SHORT TITLE.—This section shall be known and may be
  115  cited as the “Florida Cancer Control and Research Act.”
  116         (2) LEGISLATIVE INTENT.—It is The finding of the
  117  Legislature finds that:
  118         (a) Advances in scientific knowledge have led to the
  119  development of preventive and therapeutic capabilities in the
  120  control of cancer. Such knowledge and therapy must be made
  121  available to all citizens of this state through educational and
  122  therapeutic programs.
  123         (b) The present state of our knowledge concerning the
  124  prevalence, cause or associated factors, and treatment of cancer
  125  have resulted primarily from a vast federal investment into
  126  basic and clinical research, some of which is expended in this
  127  state. These research activities must continue, but programs
  128  must be established to extend this knowledge in preventive
  129  measures and patient treatment throughout the state.
  130         (c) Research in cancer has implicated the environment as a
  131  causal factor for many types of cancer, i.e., sunshine, X rays,
  132  diet, smoking, etc., and programs are needed to further document
  133  such cause and effect relationships. Proven causes of cancer
  134  should be publicized and be the subject of educational programs
  135  for the prevention of cancer.
  136         (b)(d) An effective cancer control program would mobilize
  137  the scientific, educational, and medical resources that
  138  presently exist into an intense attack against cancer this dread
  139  disease.
  140         (3) DEFINITIONS.—As The following words and phrases when
  141  used in this section, the term have, unless the context clearly
  142  indicates otherwise, the meanings given to them in this
  143  subsection:
  144         (a) “Cancer” means all malignant neoplasms, regardless of
  145  the tissue of origin, including lymphoma and leukemia.
  146         (b) “Council” means the Florida Cancer Control and Resource
  147  Research Advisory Council, which is an advisory body appointed
  148  to function on a continuing basis for the study of cancer and to
  149  recommend which recommends solutions and policy alternatives to
  150  the Board of Governors and the State Surgeon General and which
  151  is established by this section.
  152         (c) “Department” means the Department of Health.
  153         (d) “Fund” means the Florida Cancer Control and Research
  154  Fund established by this section.
  155         (e) “Plan” means the Florida Cancer Plan.
  156         (f)(e) “Qualified nonprofit association” means any
  157  association, incorporated or unincorporated, which that has
  158  received tax-exempt status from the Internal Revenue Service.
  159         (4) FLORIDA CANCER CONTROL AND RESOURCE RESEARCH ADVISORY
  160  COUNCIL; CREATION; COMPOSITION.—
  161         (a) There is created within the H. Lee Moffitt Cancer
  162  Center and Research Institute, Inc., the Florida Cancer Control
  163  and Resource Research Advisory Council. The council shall serve
  164  as a resource and clearinghouse for comprehensive cancer control
  165  in the state and shall facilitate effective communication,
  166  shared resources, and synergism between and among the cancer
  167  stakeholder organizations and groups within the state.
  168         1. The council shall consist of members representing the
  169  various cancer constituencies in the state. The council shall
  170  include three members representing the general public appointed
  171  by the Governor, one member appointed by the President of the
  172  Senate, one member appointed by the Speaker of the House of
  173  Representatives, one member appointed by the State Surgeon
  174  General, and 32 members representing cancer stakeholders in the
  175  state who are appointed by the Governor. Of the 32 members, at
  176  least 10 members must be individuals who are minority persons as
  177  defined in s. 288.703. Each council member must be a resident of
  178  the state, and all members are voting members of the council.
  179         2. Of the three members representing the general public
  180  appointed by the Governor, one shall serve an initial term of 2
  181  years, one shall serve an initial term of 3 years, and one shall
  182  serve an initial term of 4 years, beginning July 1, 2012;
  183  thereafter, these gubernatorial appointments to the council
  184  shall be for 4-year terms. The remaining members appointed by
  185  the Governor and the members appointed by the President of the
  186  Senate, the Speaker of the House of Representatives, and the
  187  State Surgeon General shall serve 4-year terms. A chair and vice
  188  chair shall each be elected by the council membership for 2-year
  189  terms. The council shall consist of 35 members, which includes
  190  the chairperson, all of whom must be residents of this state.
  191  All members, except those appointed by the Speaker of the House
  192  of Representatives and the President of the Senate, must be
  193  appointed by the Governor. At least one of the members appointed
  194  by the Governor must be 60 years of age or older. One member
  195  must be a representative of the American Cancer Society; one
  196  member must be a representative of the Florida Tumor Registrars
  197  Association; one member must be a representative of the
  198  Sylvester Comprehensive Cancer Center of the University of
  199  Miami; one member must be a representative of the Department of
  200  Health; one member must be a representative of the University of
  201  Florida Shands Cancer Center; one member must be a
  202  representative of the Agency for Health Care Administration; one
  203  member must be a representative of the Florida Nurses
  204  Association; one member must be a representative of the Florida
  205  Osteopathic Medical Association; one member must be a
  206  representative of the American College of Surgeons; one member
  207  must be a representative of the School of Medicine of the
  208  University of Miami; one member must be a representative of the
  209  College of Medicine of the University of Florida; one member
  210  must be a representative of NOVA Southeastern College of
  211  Osteopathic Medicine; one member must be a representative of the
  212  College of Medicine of the University of South Florida; one
  213  member must be a representative of the College of Public Health
  214  of the University of South Florida; one member must be a
  215  representative of the Florida Society of Clinical Oncology; one
  216  member must be a representative of the Florida Obstetric and
  217  Gynecologic Society who has had training in the specialty of
  218  gynecologic oncology; one member must be a representative of the
  219  Florida Ovarian Cancer Alliance Speaks (FOCAS) organization; one
  220  member must be a representative of the Florida Medical
  221  Association; one member must be a member of the Florida
  222  Pediatric Society; one member must be a representative of the
  223  Florida Radiological Society; one member must be a
  224  representative of the Florida Society of Pathologists; one
  225  member must be a representative of the H. Lee Moffitt Cancer
  226  Center and Research Institute, Inc.; three members must be
  227  representatives of the general public acting as consumer
  228  advocates; one member must be a member of the House of
  229  Representatives appointed by the Speaker of the House of
  230  Representatives; one member must be a member of the Senate
  231  appointed by the President of the Senate; one member must be a
  232  representative of the Florida Dental Association; one member
  233  must be a representative of the Florida Hospital Association;
  234  one member must be a representative of the Association of
  235  Community Cancer Centers; one member shall be a representative
  236  from a statutory teaching hospital affiliated with a community
  237  based cancer center; one member must be a representative of the
  238  Florida Association of Pediatric Tumor Programs, Inc.; one
  239  member must be a representative of the Cancer Information
  240  Service; one member must be a representative of the Florida
  241  Agricultural and Mechanical University Institute of Public
  242  Health; and one member must be a representative of the Florida
  243  Society of Oncology Social Workers. Of the members of the
  244  council appointed by the Governor, at least 10 must be
  245  individuals who are minority persons as defined by s. 288.703.
  246         (b) A nominating committee shall annually review applicants
  247  for the council and make recommendations for gubernatorial
  248  appointments to the council. The nominating committee shall be
  249  comprised of a minimum of seven council members selected by, and
  250  including, the vice chair. The nominating committee shall
  251  constitute a subgroup of the council membership in that at least
  252  one member shall represent each membership category identified
  253  in paragraph (c). The individuals selected by the nominating
  254  committee shall be forwarded for gubernatorial appointment and
  255  are eligible for reappointment one time.
  256         (c) The 32 members appointed by the Governor who represent
  257  cancer stakeholders in the state shall be recommended by cancer
  258  stakeholder organizations or groups, by council nomination, or
  259  through self-referrals. The membership categories and the
  260  maximum number of members in each category include:
  261         1. Five members from university-based health care delivery
  262  systems with major cancer programs, including the H. Lee Moffitt
  263  Cancer Center and Research Institute, Inc., the University of
  264  Florida Shands Cancer Center, and the University of Miami
  265  Sylvester Comprehensive Cancer Center.
  266         2. Five members from community-based health care delivery
  267  systems or practices with American College of Surgeons
  268  accredited cancer programs.
  269         3. Four members from nonprofit or voluntary organizations,
  270  including a representative from the American Cancer Society.
  271         4. Three members from health and health care disparities
  272  research and outreach cancer programs.
  273         5. Five members from state governmental agencies, including
  274  the Department of Health, the Department of Education, and the
  275  Biomedical Research Advisory Council.
  276         6. Five members from cancer-related professional
  277  organizations, including the Florida Society of Clinical
  278  Oncology, the Florida Society of Oncology Social Workers, the
  279  Florida Society of Pathologists, the Florida Dental Association,
  280  the Florida Medical Association, and the Florida Osteopathic
  281  Medical Association.
  282         7. Five members each representing one of the state regional
  283  cancer collaboratives.
  284         (d) An executive committee, which shall be responsible for
  285  coordinating the activities and planning the direction of the
  286  council, shall be comprised of the council’s chair and vice
  287  chair, the appointee of the Speaker of the House of
  288  Representatives, the appointee of the President of the Senate,
  289  the appointee of the State Surgeon General, and four members
  290  selected by the chair. The positions on the executive committee
  291  shall be for terms of 2 years corresponding to the chair’s term
  292  in office. Membership on the executive committee shall
  293  constitute a subgroup of the council membership in that at least
  294  one member shall represent each membership category identified
  295  in paragraph (c). Additional members may serve at the discretion
  296  of the chair.
  297         (e) The council may invite additional state cancer
  298  stakeholder organizations or groups or individuals with
  299  expertise, experience, or resources to serve as consultants to
  300  assist the council in accomplishing its mission. Such services
  301  may include consultative participation in council activities,
  302  associated task forces, or projects. Consultants do not have
  303  voting rights on the council.
  304         (b) The terms of the members shall be 4 years from their
  305  respective dates of appointment.
  306         (c) A chairperson shall be appointed by the Governor for a
  307  term of 2 years. The chairperson shall appoint an executive
  308  committee of no fewer than three persons to serve at the
  309  pleasure of the chairperson. This committee will prepare
  310  material for the council but make no final decisions.
  311         (f)(d) The council shall meet at least no less than
  312  semiannually at the call of the chair chairperson or, in his or
  313  her absence or incapacity, at the call of the State Surgeon
  314  General. Twenty Sixteen members constitute a quorum for the
  315  purpose of exercising all of the powers of the council. A vote
  316  of the majority of the members present is sufficient for all
  317  actions of the council.
  318         (g)(e) The council members shall serve without pay.
  319  Pursuant to the provisions of s. 112.061, the council members
  320  may be entitled to be reimbursed for per diem and travel
  321  expenses.
  322         (h)(f)A No member of the council may not shall participate
  323  in any discussion or decision to recommend grants or contracts
  324  to any qualified nonprofit association or to any agency of this
  325  state or its political subdivisions with which the member is
  326  associated as a member of the governing body or as an employee
  327  or with which the member has entered into a contractual
  328  arrangement.
  329         (i)(g) The council may prescribe, amend, and repeal bylaws
  330  governing the manner in which the business of the council is
  331  conducted.
  332         (j)(h) The council shall advise the Board of Governors, the
  333  State Surgeon General, the Governor, and the Legislature with
  334  respect to cancer control and resources research in this state.
  335         (k)(i) The council shall approve each year a program for
  336  cancer control and research to be known as the “Florida Cancer
  337  Plan” which shall be consistent with the State Health Plan and
  338  integrated and coordinated with existing or emerging programs in
  339  this state. The council shall review and approve the plan at
  340  least every 4 years.
  341         (l)(j) The council shall formulate and recommend to the
  342  State Surgeon General, the Governor, the President of the
  343  Senate, and the Speaker of the House of Representatives a plan
  344  for the prevention and early detection of cancer which is
  345  evidence-based and consistent with standards of practice and
  346  supported by evidence-based medicine care and treatment of
  347  persons suffering from cancer and recommend the establishment of
  348  standard requirements for the organization, equipment, and
  349  conduct of cancer units or departments in hospitals and clinics
  350  in this state. The council may recommend to the State Surgeon
  351  General the designation of cancer units following a survey of
  352  the needs and facilities for treatment of cancer in the various
  353  localities throughout the state. The State Surgeon General shall
  354  consider the plan in developing departmental priorities and
  355  funding priorities and standards under chapter 395.
  356         (m)(k) The council shall provide expertise and input in the
  357  content and development of is responsible for including in the
  358  Florida Cancer Plan, which is otherwise generated through the
  359  Department of Health. Recommendations must include for the
  360  coordination and integration of medical, nursing, paramedical,
  361  lay, and other state efforts plans concerned with cancer control
  362  and research. Committees may shall be formed to develop
  363  strategies for taking action regarding by the council so that
  364  the following areas will be established as entities for actions:
  365         1. Cancer plan evaluation, including the creation of a:
  366  tumor registry, data retrieval systems, and epidemiology of
  367  cancer in the state and its relation to other areas.
  368         2. Cancer prevention.
  369         3. Cancer detection.
  370         4. Cancer treatments patient management: treatment,
  371  rehabilitation, terminal care, and other patient-oriented
  372  activities.
  373         5. Support services for cancer patients and caregivers
  374  education: lay and professional.
  375         6. Unproven methods of Cancer education for laypersons and
  376  professionals therapy: quackery and unorthodox therapies.
  377         7. Other cancer-control-related topics Investigator
  378  initiated project research.
  379         (n)(l) In order to implement in whole or in part the
  380  Florida Cancer Plan, the council may shall recommend to the
  381  Board of Governors or the State Surgeon General the awarding of
  382  grants and contracts to qualified profit or nonprofit
  383  associations or governmental agencies in order to plan,
  384  establish, or conduct programs in cancer control or prevention
  385  and, cancer education or and training, and cancer research.
  386         (o) The council shall have input into the prioritization
  387  and implementation of statewide programs and the allocation of
  388  resources in the department’s comprehensive cancer control
  389  program, consistent with the Florida Cancer Plan.
  390         (p)(m) If funds are specifically appropriated by the
  391  Legislature, the council shall develop or purchase standardized
  392  written summaries, written in layperson’s terms and in language
  393  easily understood by the average adult patient, informing
  394  citizens and professionals on cancer prevention, detection,
  395  treatment, and survivorship actual and high-risk breast cancer
  396  patients, prostate cancer patients, and men who are considering
  397  prostate cancer screening of the medically viable treatment
  398  alternatives available to them in the effective management of
  399  breast cancer and prostate cancer; describing such treatment
  400  alternatives; and explaining the relative advantages,
  401  disadvantages, and risks associated therewith. The breast cancer
  402  summary, upon its completion, shall be printed in the form of a
  403  pamphlet or booklet and made continuously available to
  404  physicians and surgeons in this state for their use in
  405  accordance with s. 458.324 and to osteopathic physicians in this
  406  state for their use in accordance with s. 459.0125. The council
  407  shall periodically update both summaries to reflect current
  408  standards of medical practice in the treatment of breast cancer
  409  and prostate cancer. The council shall develop and implement
  410  educational programs and position statements, including
  411  distribution of the summaries developed or purchased under this
  412  paragraph, to inform citizen groups, associations, government
  413  officials, and voluntary organizations about cancer-related
  414  matters early detection and treatment of breast cancer and
  415  prostate cancer.
  416         (q)(n) The council may recommend to shall have the
  417  responsibility to advise the Board of Governors and the State
  418  Surgeon General, the Governor, the President of the Senate, and
  419  the Speaker of the House of Representatives on methods of
  420  enforcing and implementing laws already enacted and concerned
  421  with cancer control, research, and education.
  422         (r)(o) The council may recommend to the Board of Governors
  423  or the State Surgeon General rules not inconsistent with law as
  424  it may deem necessary for the performance of its duties and the
  425  proper administration of this section.
  426         (s)(p) The council shall formulate and put into effect a
  427  continuing educational program for the prevention of cancer and
  428  its early diagnosis and disseminate to hospitals, cancer
  429  patients, and the public information concerning the proper
  430  treatment of cancer.
  431         (t)(q) The council shall be physically located at the H.
  432  Lee Moffitt Cancer Center and Research Institute, Inc., at the
  433  University of South Florida.
  434         (u)(r)By December 1 On February 15 of each year, the
  435  council shall report its findings and recommendations to the
  436  State Surgeon General, the Governor, the President of the
  437  Senate, and the Speaker of the House of Representatives and to
  438  the Legislature.
  439         (5) RESPONSIBILITIES OF THE BOARD OF GOVERNORS, THE H. LEE
  440  MOFFITT CANCER CENTER AND RESEARCH INSTITUTE, INC., AND THE
  441  STATE SURGEON GENERAL, AND THE DEPARTMENT OF HEALTH.—
  442         (a) The Board of Governors or The State Surgeon General,
  443  after consultation with the council, may shall award grants and
  444  contracts to qualified nonprofit associations and governmental
  445  agencies in order to plan, establish, or conduct programs in
  446  cancer control or and prevention and, cancer education or and
  447  training, and cancer research.
  448         (b) The H. Lee Moffitt Cancer Center and Research
  449  Institute, Inc., shall provide a full-time executive director to
  450  coordinate, facilitate, and communicate the mission and
  451  responsibilities of the council. Additional administrative
  452  support, information, and other assistance shall be provided
  453  such staff, information, and other assistance as reasonably
  454  necessary for the completion of the responsibilities of the
  455  council.
  456         (c) The Department of Health Board of Governors or the
  457  State Surgeon General, after consultation with the council, may
  458  adopt rules necessary for the implementation of this section.
  459         (d) The Florida Cancer Plan is established within the
  460  Department of Health. The department must utilize the council in
  461  developing the plan, prioritizing goals, allocating resources,
  462  and approving the plan in its final form. The State Surgeon
  463  General, after consultation with the council, shall make rules
  464  specifying to what extent and on what terms and conditions
  465  cancer patients of the state may receive financial aid for the
  466  diagnosis and treatment of cancer in any hospital or clinic
  467  selected. The department may furnish to citizens of this state
  468  who are afflicted with cancer financial aid to the extent of the
  469  appropriation provided for that purpose in a manner which in its
  470  opinion will afford the greatest benefit to those afflicted and
  471  may make arrangements with hospitals, laboratories, or clinics
  472  to afford proper care and treatment for cancer patients in this
  473  state.
  474         (6) FLORIDA CANCER CONTROL AND RESEARCH FUND.—
  475         (a) There is created the Florida Cancer Control and
  476  Research Fund consisting of funds appropriated therefor from the
  477  General Revenue Fund and any gifts, grants, or funds received
  478  from other sources.
  479         (b) The fund shall be used exclusively for grants and
  480  contracts to qualified nonprofit associations or governmental
  481  agencies for the purpose of cancer control or and prevention,
  482  cancer education or and training, cancer research, and all
  483  expenses incurred in connection with the administration of this
  484  section and the programs funded through the grants and contracts
  485  authorized by the State Board of Education or the State Surgeon
  486  General.
  487         Section 4. Subsection (1) and paragraph (a) of subsection
  488  (2) of section 458.324, Florida Statutes, are amended to read:
  489         458.324 Breast cancer; information on treatment
  490  alternatives.—
  491         (1) DEFINITION.—As used in this section, the term
  492  “medically viable,” as applied to treatment alternatives, means
  493  modes of treatment generally considered by the medical
  494  profession to be within the scope of current, acceptable
  495  standards, including treatment alternatives described in the
  496  written summary prepared by the Florida Cancer Control and
  497  Resource Research Advisory Council in accordance with s.
  498  1004.435(4)(p) 1004.435(4)(m).
  499         (2) COMMUNICATION OF TREATMENT ALTERNATIVES.—Each physician
  500  treating a patient who is, or in the judgment of the physician
  501  is at high risk of being, diagnosed as having breast cancer
  502  shall inform such patient of the medically viable treatment
  503  alternatives available to such patient; shall describe such
  504  treatment alternatives; and shall explain the relative
  505  advantages, disadvantages, and risks associated with the
  506  treatment alternatives to the extent deemed necessary to allow
  507  the patient to make a prudent decision regarding such treatment
  508  options. In compliance with this subsection:
  509         (a) The physician may, in his or her discretion:
  510         1. Orally communicate such information directly to the
  511  patient or the patient’s legal representative;
  512         2. Provide the patient or the patient’s legal
  513  representative with a copy of the written summary prepared in
  514  accordance with s. 1004.435(4)(p) 1004.435(4)(m) and express a
  515  willingness to discuss the summary with the patient or the
  516  patient’s legal representative; or
  517         3. Both communicate such information directly and provide a
  518  copy of the written summary to the patient or the patient’s
  519  legal representative for further consideration and possible
  520  later discussion.
  521  
  522  Nothing in this subsection shall reduce other provisions of law
  523  regarding informed consent.
  524         Section 5. Subsection (1) and paragraph (a) of subsection
  525  (2) of section 459.0125, Florida Statutes, are amended to read:
  526         459.0125 Breast cancer; information on treatment
  527  alternatives.—
  528         (1) DEFINITION.—As used in this section, the term
  529  “medically viable,” as applied to treatment alternatives, means
  530  modes of treatment generally considered by the medical
  531  profession to be within the scope of current, acceptable
  532  standards, including treatment alternatives described in the
  533  written summary prepared by the Florida Cancer Control and
  534  Resource Research Advisory Council in accordance with s.
  535  1004.435(4)(p) 1004.435(4)(m).
  536         (2) COMMUNICATION OF TREATMENT ALTERNATIVES.—It is the
  537  obligation of every physician treating a patient who is, or in
  538  the judgment of the physician is at high risk of being,
  539  diagnosed as having breast cancer to inform such patient of the
  540  medically viable treatment alternatives available to such
  541  patient; to describe such treatment alternatives; and to explain
  542  the relative advantages, disadvantages, and risks associated
  543  with the treatment alternatives to the extent deemed necessary
  544  to allow the patient to make a prudent decision regarding such
  545  treatment options. In compliance with this subsection:
  546         (a) The physician may, in her or his discretion:
  547         1. Orally communicate such information directly to the
  548  patient or the patient’s legal representative;
  549         2. Provide the patient or the patient’s legal
  550  representative with a copy of the written summary prepared in
  551  accordance with s. 1004.435(4)(p) 1004.435(4)(m) and express her
  552  or his willingness to discuss the summary with the patient or
  553  the patient’s legal representative; or
  554         3. Both communicate such information directly and provide a
  555  copy of the written summary to the patient or the patient’s
  556  legal representative for further consideration and possible
  557  later discussion.
  558  
  559  Nothing in this subsection shall reduce other provisions of law
  560  regarding informed consent.
  561         Section 6. (1) The Legislature finds that Florida must
  562  expand its graduate medical education to meet the medical needs
  563  of its residents. The Association of American Medical Colleges
  564  ranked Florida 43rd nationally in numbers of medical residents
  565  per 100,000 population. Approximately 2,700 additional medical
  566  residency positions are required in this state simply to meet
  567  the national average per population. In accordance with these
  568  findings, the Agency for Health Care Administration shall
  569  establish a demonstration project by allowing prepaid managed
  570  care organizations providing behavioral health services to
  571  patients in Miami-Dade County to fund a residency program
  572  sponsored by Florida International University and administered
  573  by a federally qualified health center.
  574         (2)The Agency for Health Care Administration shall
  575  authorize managed care organizations providing behavioral health
  576  services directly or indirectly to Medicaid patients in Miami
  577  Dade County to allocate up to 1 percent of the medical loss
  578  ratio to fund a new psychiatric graduate medical education
  579  program located at a federally qualified health center and
  580  sponsored by Florida International University Wertheim College
  581  of Medicine. The university shall select a federally qualified
  582  health center that has a large general psychiatric practice with
  583  the capacity to implement a new psychiatry residency program and
  584  a demonstrated commitment to establishing a new psychiatry
  585  residency program.
  586         (3) Payments pursuant to this section shall be made to
  587  Florida International University for the design, development,
  588  and operation of the psychiatric residency program and are
  589  deemed to be payments for behavioral health services and not
  590  administrative services. Any managed care organization
  591  allocating funds under this section must enter into an agreement
  592  with Florida International University making provision for
  593  recurring annual payments to Florida International University of
  594  up to 1 percent of the medical loss ratio for behavioral health
  595  services provided to Medicaid patients in Miami-Dade County to
  596  support the psychiatry residency program.
  597         (4)Each January 1, beginning in 2014 and for the duration
  598  of the demonstration project, the agency shall submit to the
  599  Governor, the President of the Senate, and the Speaker of the
  600  House of Representatives an annual report on the success and
  601  outcomes achieved by the demonstration project, which must
  602  include a recommendation as to whether the demonstration project
  603  should be continued, terminated, or expanded.
  604         Section 7. This act shall take effect July 1, 2012.