Florida Senate - 2013 CS for SB 1660
By the Committee on Children, Families, and Elder Affairs; and
Senator Flores
586-02627-13 20131660c1
1 A bill to be entitled
2 An act relating to quality cancer care and research;
3 creating s. 381.925, F.S.; providing legislative
4 intent and goals; establishing a Cancer Center of
5 Excellence Award for providers that excel in providing
6 cancer care and treatment in this state; requiring the
7 Florida Cancer Control and Research Advisory Council
8 and the Biomedical Research Advisory Council to
9 jointly develop performance measures, a rating system,
10 and a rating standard in accordance with specified
11 criteria for applicants to qualify for the award;
12 providing minimum standards; authorizing a provider to
13 apply to the Department of Health for the award;
14 requiring the Florida Cancer Control and Research
15 Advisory Council and the Biomedical Research Advisory
16 Council to jointly develop an application form;
17 requiring the department to conduct two application
18 cycles each year; specifying that ch. 120, F.S., does
19 not apply to the applications or notification of
20 entities that are eligible for the award; requiring
21 the State Surgeon General to assemble an evaluation
22 team to assess applications; requiring each
23 application to be evaluated independently of any other
24 application; providing membership of and requirements
25 for the evaluation team; providing duties of the
26 members of the evaluation team; requiring the State
27 Surgeon General to notify the Governor of the
28 providers that are eligible to receive the award;
29 limiting the duration of the award; authorizing an
30 award-winning cancer provider to use the designation
31 in its advertising and marketing; providing that an
32 award-winning cancer provider is granted preference in
33 competitive solicitations for a specified period of
34 time; requiring the State Surgeon General to report to
35 the Legislature by a specified date, and annually
36 thereafter, the status of implementing the award
37 program; requiring the Department of Health to adopt
38 rules related to the application cycles and submission
39 of the application forms; amending s. 215.5602, F.S.;
40 revising the responsibilities of the Biomedical
41 Research Advisory Council with regard to the Cancer
42 Center of Excellence Award program; amending s.
43 381.922, F.S.; authorizing endowments under the
44 William G. “Bill” Bankhead, Jr., and David Coley
45 Cancer Research Program for establishing funded
46 research chairs at research institutions contingent
47 upon an appropriation; requiring submission of
48 proposals; requiring that research institutions report
49 certain information regarding the selected research
50 chair of the endowment and other information about the
51 endowment; providing for qualifications of the chair;
52 specifying the use of the funds in the endowment;
53 amending s. 1004.435, F.S.; revising the
54 responsibilities of the Florida Cancer Control and
55 Research Advisory Council with regard to the Cancer
56 Center of Excellence Award program; providing an
57 effective date.
58
59 Be It Enacted by the Legislature of the State of Florida:
60
61 Section 1. Section 381.925, Florida Statutes, is created to
62 read:
63 381.925 Cancer Center of Excellence Award.—
64 (1) The Legislature intends to recognize hospitals,
65 treatment centers, and other providers in this state which
66 demonstrate excellence in patient-centered, coordinated care for
67 persons undergoing cancer treatment and therapy in this state.
68 The goal of this program is to encourage excellence in cancer
69 care in this state, attract and retain the best cancer care
70 providers to the state, and help Florida providers be recognized
71 nationally as a preferred destination for quality cancer care.
72 The Cancer Center of Excellence Award will recognize providers
73 that exceed service standards and excel in providing a quality,
74 comprehensive, and patient-centered, coordinated care program.
75 (2) The Florida Cancer Control and Research Advisory
76 Council, established in s. 1004.435, and the Biomedical Research
77 Advisory Council, established in s. 215.5602, shall jointly
78 develop rigorous performance measures, a rating system, and a
79 rating standard that must be achieved to document and
80 distinguish a cancer center that excels in providing a quality,
81 comprehensive, and patient-centered coordinated care program. At
82 a minimum, the criteria must require that each hospital,
83 treatment center, or other provider:
84 (a) Maintain a license in this state which authorizes
85 health care services to be provided. A provider may not have
86 been disciplined or subjected to any administrative enforcement
87 action by state or federal regulatory authorities within the
88 preceding 3 years.
89 (b) Be accredited by the Commission on Cancer of the
90 American College of Surgeons.
91 (c) Actively participate in at least one regional cancer
92 control collaborative that is operating pursuant to the Florida
93 Comprehensive Cancer Control Program’s cooperative agreement
94 with the Centers for Disease Control and Prevention’s National
95 Comprehensive Cancer Control Program.
96 (d) Meet enhanced cancer care coordination standards set by
97 the councils which, at a minimum, focus on:
98 1. Coordination of care by cancer specialists and nursing
99 and allied health professionals.
100 2. Psychosocial assessment and services.
101 3. Suitable and timely referrals and followup.
102 4. Providing accurate and complete information on treatment
103 options, including clinical trials, which consider each person’s
104 needs, preferences, and resources, whether provided by that
105 center or available through other health care providers.
106 5. Participation in a comprehensive network of cancer
107 specialists of multiple disciplines, which enables the patient
108 to consult with a variety of experts to examine treatment
109 alternatives.
110 6. Family services and support.
111 7. Aftercare and survivor services.
112 8. Patient and family satisfaction survey results.
113 (3)(a) A provider may apply to the Department of Health for
114 a Cancer Center of Excellence Award. The Florida Cancer Control
115 and Research Advisory Council and the Biomedical Research
116 Advisory Council shall jointly develop an application form that
117 requires, among other things, submission of documentation by the
118 provider which demonstrates that the criteria in subsection (2)
119 have been met.
120 (b) The Department of Health shall annually conduct two
121 application cycles. The applications are not applications for
122 licensure; the notification by the State Surgeon General to the
123 Governor of the entities that are eligible for the award is not
124 final agency action; and the Cancer Center of Excellence Award
125 program is not subject to the provisions of chapter 120.
126 (4)(a) The State Surgeon General shall appoint a team of
127 independent evaluators to assess applicants to determine
128 eligibility for the award. An application is to be evaluated
129 independently of any other application. The team shall consist
130 of five evaluators to be selected, in any combination, from the
131 following:
132 1. No more than five health care practitioners or health
133 care facilities not licensed in this state which provide health
134 care services involving cancer diagnoses or treatment;
135 2. No more than three members from the Florida Cancer
136 Control and Research Advisory Council;
137 3. No more than two members from the Biomedical Research
138 and Advisory Council; and
139 4. No more than one layperson who has experience as a
140 cancer patient or as a family member of a cancer patient if that
141 person or his or her family member did not receive care from the
142 applicant or providers being evaluated.
143 (b) Each evaluator must be independent and free of any
144 conflict of interest with respect to a health care provider or
145 facility licensed in this state. Each person selected to
146 participate on the evaluation team must sign a conflict of
147 interest attestation before being appointed to the evaluation
148 team.
149 (5)(a) Two evaluation team members may, as necessary,
150 verify onsite documentation submitted with an application for
151 the award.
152 (b) Each member on the evaluation team shall report to the
153 State Surgeon General those applicants that achieved or exceeded
154 the required score based on the rating system developed in
155 subsection (2) which demonstrates the cancer center excels in
156 providing a quality, comprehensive, and patient-centered
157 coordinated care program.
158 (6) The State Surgeon General shall notify the Governor
159 regarding the providers that are eligible to receive the Cancer
160 Center of Excellence Award.
161 (7) The award shall be recognized for a period of 3 years
162 from the date of the award. A provider may reapply for
163 subsequent awards.
164 (8) A provider that receives a Cancer Center of Excellence
165 Award may use the designation in its advertising and marketing
166 for up to 3 years from the date of the award. In addition, a
167 provider that receives a Cancer Center of Excellence Award may
168 be granted, for 3 years from the date of the award, a preference
169 in competitive solicitations undertaken by a state agency or
170 state university.
171 (9) The State Surgeon General shall report to the President
172 of the Senate and the Speaker of the House of Representatives by
173 January 31, 2014, and annually thereafter, the status of
174 implementing the Cancer Center of Excellence Award program,
175 metrics on the number of applications received and the number of
176 award recipients by application cycle, a list of award
177 recipients, and recommendations for legislation to strengthen
178 the program.
179 (10) The Department of Health shall adopt rules related to
180 the application cycles and submission of the application form.
181 Section 2. Paragraph (j) is added to subsection (4) of
182 section 215.5602, Florida Statutes, to read:
183 215.5602 James and Esther King Biomedical Research
184 Program.—
185 (4) The council shall advise the State Surgeon General as
186 to the direction and scope of the biomedical research program.
187 The responsibilities of the council may include, but are not
188 limited to:
189 (j) The council shall, with the Florida Cancer Control and
190 Research Advisory Council, jointly develop performance measures,
191 a rating system, a rating standard, and an application form for
192 the Cancer Center of Excellence Award created in s. 381.925. The
193 council shall also support the State Surgeon General in
194 implementing the award program by ensuring that at least two
195 members of the council, who must be independent of the
196 applicants for the award, are available to serve on the
197 evaluation team as requested by the State Surgeon General. The
198 council shall advise the State Surgeon General with respect to
199 the Cancer Center for Excellence Award program.
200 Section 3. Subsection (4) of section 381.922, Florida
201 Statutes, is renumbered as subsection (5), and a new subsection
202 (4) is added to that section, to read:
203 381.922 William G. “Bill” Bankhead, Jr., and David Coley
204 Cancer Research Program.—
205 (4) In order to attract and retain experienced research
206 talent and attendant national grant-producing researchers to
207 cancer research institutions in this state, the Department of
208 Health shall award endowments to cancer research institutions
209 for establishing a funded research chair, pursuant to the
210 General Appropriations Act specifying an appropriation for this
211 purpose. The purpose of the endowment is to provide a secure
212 funding for at least 7 years to attract an experienced and
213 promising researcher whose continued employment for this period
214 is not contingent upon grant awards associated with time-limited
215 research projects. In addition, the Legislature intends for a
216 chair to specialize in a cancer-related research field that will
217 facilitate coordination among research institutions within the
218 state and attract other promising researchers and funding to the
219 state.
220 (a) Any research institution funded pursuant to this
221 subsection shall provide to the Governor, the President of the
222 Senate, and the Speaker of the House of Representatives a report
223 that must, at a minimum, describe the research program and
224 general responsibilities of the researcher who is to selected
225 for the endowed chair. Upon final selection of the research
226 chair, or if it becomes necessary to identify a replacement
227 research chair, the research institution shall notify the chair
228 of the Appropriations Committee of the Senate and the chair of
229 the Appropriations Committee of the House of Representatives the
230 research chair’s name, the endowment budget, and the specific
231 research responsibilities. The research institution shall
232 annually report to the President of the Senate and the Speaker
233 of the House of Representatives the research chair’s name,
234 current salary, research responsibilities, percentage of time
235 devoted to research if the chair also serves as a member of the
236 faculty, reports on research progress and progress toward
237 achieving the goals of this program, endowment expenditures and
238 balance, interest rate, and interest earned on the endowment.
239 Section 4. Paragraph (r) of subsection (4) of section
240 1004.435, Florida Statutes, is redesignated as paragraph (s),
241 and a new paragraph (r) is added to that subsection, to read:
242 1004.435 Cancer control and research.—
243 (4) FLORIDA CANCER CONTROL AND RESEARCH ADVISORY COUNCIL;
244 CREATION; COMPOSITION.—
245 (r) The council shall, with the Biomedical Research
246 Advisory Council, jointly develop performance measures, a rating
247 system, a rating standard, and an application form for the
248 Cancer Center of Excellence Award created in s. 381.925. The
249 council shall also support the State Surgeon General in
250 implementing the Cancer Center of Excellence Award program by
251 ensuring that at least three members of the council, who must be
252 independent of the applicants for the award, are available to
253 serve on the evaluation team as requested by the State Surgeon
254 General. The council shall advise the State Surgeon General with
255 respect to the Cancer Center for Excellence Award program.
256 Section 5. This act shall take effect July 1, 2013.