Florida Senate - 2013 CS for CS for SB 1660
By the Committees on Appropriations; and Children, Families, and
Elder Affairs; and Senators Flores and Sobel
576-03106-13 20131660c2
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 and periodically update performance
10 measures, a rating system, and a rating standard in
11 accordance with specified criteria for applicants to
12 qualify for the award; providing minimum standards;
13 authorizing a provider to apply to the Department of
14 Health for the award; requiring the Florida Cancer
15 Control and Research Advisory Council and the
16 Biomedical Research Advisory Council to jointly
17 develop an application form; requiring the department
18 to conduct two application cycles each year;
19 specifying that ch. 120, F.S., does not apply to the
20 applications or notification of entities that are
21 eligible for the award; requiring the State Surgeon
22 General to assemble an evaluation team to assess
23 applications; requiring each application to be
24 evaluated independently of any other application;
25 providing membership of and requirements for the
26 evaluation team; providing duties of the members of
27 the evaluation team; requiring the State Surgeon
28 General to notify the Governor of the providers that
29 are eligible to receive the award; limiting the
30 duration of the award; authorizing an award-winning
31 cancer provider to use the designation in its
32 advertising and marketing; providing that an award
33 winning cancer provider is granted preference in
34 competitive solicitations for a specified period of
35 time; requiring the State Surgeon General to report to
36 the Legislature by a specified date, and annually
37 thereafter, the status of implementing the award
38 program; requiring the Department of Health to adopt
39 rules related to the application cycles and submission
40 of the application forms; amending s. 215.5602, F.S.;
41 revising the responsibilities of the Biomedical
42 Research Advisory Council with regard to the Cancer
43 Center of Excellence Award program; amending s.
44 381.922, F.S.; authorizing endowments under the
45 William G. “Bill” Bankhead, Jr., and David Coley
46 Cancer Research Program for establishing funded
47 research chairs at research institutions contingent
48 upon an appropriation; providing procedures if the
49 endowed chair becomes vacant; requiring that research
50 institutions report certain information regarding the
51 selected research chair of the endowment and other
52 information about the endowment; providing for
53 qualifications of the chair; specifying the use of the
54 funds in the endowment; amending s. 1004.435, F.S.;
55 revising the responsibilities of the Florida Cancer
56 Control and Research Advisory Council with regard to
57 the Cancer Center of Excellence Award program;
58 providing an effective date.
59
60 Be It Enacted by the Legislature of the State of Florida:
61
62 Section 1. Section 381.925, Florida Statutes, is created to
63 read:
64 381.925 Cancer Center of Excellence Award.—
65 (1) The Legislature intends to recognize hospitals,
66 treatment centers, and other providers in this state which
67 demonstrate excellence in patient-centered, coordinated care for
68 persons undergoing cancer treatment and therapy in this state.
69 The goal of this program is to encourage excellence in cancer
70 care in this state, attract and retain the best cancer care
71 providers to the state, and help Florida providers be recognized
72 nationally as a preferred destination for quality cancer care.
73 The Cancer Center of Excellence Award will recognize providers
74 that exceed service standards and excel in providing a quality,
75 comprehensive, and patient-centered coordinated care program.
76 (2) The Florida Cancer Control and Research Advisory
77 Council, established in s. 1004.435, and the Biomedical Research
78 Advisory Council, established in s. 215.5602, shall jointly
79 develop rigorous performance measures, a rating system, and a
80 rating standard that must be achieved to document and
81 distinguish a cancer center that excels in providing a quality,
82 comprehensive, and patient-centered coordinated care program.
83 The two councils shall review at least every 3 years, and
84 jointly revise if applicable, the performance measures, rating
85 system, and rating standard to ensure providers are continually
86 enhancing their programs to reflect best practices and advances
87 in cancer treatment and care from the perspective of
88 comprehensive and patient-centered coordinated care. At a
89 minimum, the criteria must require that each hospital, treatment
90 center, or other provider:
91 (a) Maintain a license in this state which authorizes
92 health care services to be provided. A provider may not have
93 been disciplined or subjected to any administrative enforcement
94 action by state or federal regulatory authorities within the
95 preceding 3 years.
96 (b) Be accredited by the Commission on Cancer of the
97 American College of Surgeons.
98 (c) Actively participate in at least one regional cancer
99 control collaborative that is operating pursuant to the Florida
100 Comprehensive Cancer Control Program’s cooperative agreement
101 with the Centers for Disease Control and Prevention’s National
102 Comprehensive Cancer Control Program.
103 (d) Meet enhanced cancer care coordination standards set by
104 the councils which, at a minimum, focus on:
105 1. Coordination of care by cancer specialists and nursing
106 and allied health professionals.
107 2. Psychosocial assessment and services.
108 3. Suitable and timely referrals and followup.
109 4. Providing accurate and complete information on treatment
110 options, including clinical trials, which consider each person’s
111 needs, preferences, and resources, whether provided by that
112 center or available through other health care providers.
113 5. Participation in a comprehensive network of cancer
114 specialists of multiple disciplines, which enables the patient
115 to consult with a variety of experts to examine treatment
116 alternatives.
117 6. Family services and support.
118 7. Aftercare and survivor services.
119 8. Patient and family satisfaction survey results.
120 (3)(a) A provider may apply to the Department of Health for
121 a Cancer Center of Excellence Award. The Florida Cancer Control
122 and Research Advisory Council and the Biomedical Research
123 Advisory Council shall jointly develop an application form that
124 requires, among other things, submission of documentation by the
125 provider which demonstrates that the criteria in subsection (2)
126 have been met.
127 (b) The Department of Health shall annually conduct two
128 application cycles. The applications are not applications for
129 licensure; the notification by the State Surgeon General to the
130 Governor of the entities that are eligible for the award is not
131 final agency action; and the Cancer Center of Excellence Award
132 program is not subject to the provisions of chapter 120.
133 (4)(a) The State Surgeon General shall appoint a team of
134 independent evaluators to assess applicants to determine
135 eligibility for the award. An application is to be evaluated
136 independently of any other application. The team shall consist
137 of five evaluators to be selected, in any combination, from the
138 following:
139 1. No more than five health care practitioners or health
140 care facilities not licensed in this state which provide health
141 care services involving cancer diagnoses or treatment;
142 2. No more than three members from the Florida Cancer
143 Control and Research Advisory Council;
144 3. No more than two members from the Biomedical Research
145 and Advisory Council; and
146 4. No more than one layperson who has experience as a
147 cancer patient or as a family member of a cancer patient if that
148 person or his or her family member did not receive care from the
149 applicant or providers being evaluated.
150 (b) Each evaluator must be independent and free of any
151 conflict of interest with respect to a health care provider or
152 facility licensed in this state. Each person selected to
153 participate on the evaluation team must sign a conflict of
154 interest attestation before being appointed to the evaluation
155 team.
156 (5)(a) Two evaluation team members may, as necessary,
157 verify onsite documentation submitted with an application for
158 the award.
159 (b) Each member on the evaluation team shall report to the
160 State Surgeon General those applicants that achieved or exceeded
161 the required score based on the rating system developed in
162 subsection (2) which demonstrates the cancer center excels in
163 providing a quality, comprehensive, and patient-centered
164 coordinated care program.
165 (6) The State Surgeon General shall notify the Governor
166 regarding the providers that are eligible to receive the Cancer
167 Center of Excellence Award.
168 (7) The award shall be recognized for a period of 3 years
169 from the date of the award. A provider may reapply for
170 subsequent awards.
171 (8) A provider that receives a Cancer Center of Excellence
172 Award may use the designation in its advertising and marketing
173 for up to 3 years from the date of the award. In addition, a
174 provider that receives a Cancer Center of Excellence Award may
175 be granted, for 3 years from the date of the award, a preference
176 in competitive solicitations undertaken by a state agency or
177 state university.
178 (9) The State Surgeon General shall report to the President
179 of the Senate and the Speaker of the House of Representatives by
180 January 31, 2014, and annually thereafter, the status of
181 implementing the Cancer Center of Excellence Award program,
182 metrics on the number of applications received and the number of
183 award recipients by application cycle, a list of award
184 recipients, and recommendations for legislation to strengthen
185 the program.
186 (10) The Department of Health shall adopt rules related to
187 the application cycles and submission of the application form.
188 Section 2. Paragraph (j) is added to subsection (4) of
189 section 215.5602, Florida Statutes, to read:
190 215.5602 James and Esther King Biomedical Research
191 Program.—
192 (4) The council shall advise the State Surgeon General as
193 to the direction and scope of the biomedical research program.
194 The responsibilities of the council may include, but are not
195 limited to:
196 (j) The council shall, with the Florida Cancer Control and
197 Research Advisory Council, jointly develop performance measures,
198 a rating system, a rating standard, and an application form for
199 the Cancer Center of Excellence Award created in s. 381.925. The
200 council shall also support the State Surgeon General in
201 implementing the award program by ensuring that at least two
202 members of the council, who must be independent of the
203 applicants for the award, are available to serve on the
204 evaluation team as requested by the State Surgeon General. The
205 council shall advise the State Surgeon General with respect to
206 the Cancer Center for Excellence Award program.
207 Section 3. Subsection (4) of section 381.922, Florida
208 Statutes, is renumbered as subsection (5), and a new subsection
209 (4) is added to that section, to read:
210 381.922 William G. “Bill” Bankhead, Jr., and David Coley
211 Cancer Research Program.—
212 (4) In order to attract and retain experienced research
213 talent and attendant national grant-producing researchers to
214 cancer research institutions in this state, the Department of
215 Health shall award endowments to cancer research institutions
216 for establishing a funded research chair, pursuant to the
217 General Appropriations Act specifying an appropriation for this
218 purpose. The purpose of the endowment is to provide a secure
219 funding for at least 7 years to attract an experienced and
220 promising researcher whose continued employment for this period
221 is not contingent upon grant awards associated with time-limited
222 research projects. In addition, the Legislature intends for a
223 chair to specialize in a cancer-related research field that will
224 facilitate coordination among research institutions within the
225 state and attract other promising researchers and funding to the
226 state.
227 (a) If it becomes necessary for a research institution that
228 has been granted an endowed chair to replace the researcher, the
229 endowment must cease funding expenses associated with the
230 endowed chair other than reasonable costs for recruitment until
231 a replacement researcher has been retained for the endowed
232 chair. While the endowed chair is vacant, the endowment must
233 continue to earn interest and all earnings must be added to the
234 balance of the endowment. A vacancy tolls the 7-year timeframe
235 for the endowed chair.
236 (b) Any research institution funded pursuant to this
237 subsection shall provide to the Governor, the President of the
238 Senate, and the Speaker of the House of Representatives a report
239 that must, at a minimum, describe the research program and
240 general responsibilities of the researcher who is to be selected
241 for the endowed chair. Upon final selection of the research
242 chair, or if it becomes necessary to replace a research chair,
243 the research institution shall notify the chair of the
244 Appropriations Committee of the Senate and the chair of the
245 Appropriations Committee of the House of Representatives the
246 research chair’s name, the endowment budget, and the specific
247 research responsibilities. The research institution shall
248 annually report to the President of the Senate and the Speaker
249 of the House of Representatives the research chair’s name,
250 current salary, research responsibilities, percentage of time
251 devoted to research if the chair also serves as a member of the
252 faculty, research progress, progress toward achieving the goals
253 of this program, endowment expenditures and balance, interest
254 rate, and interest earned on the endowment.
255 Section 4. Paragraph (r) of subsection (4) of section
256 1004.435, Florida Statutes, is redesignated as paragraph (s),
257 and a new paragraph (r) is added to that subsection, to read:
258 1004.435 Cancer control and research.—
259 (4) FLORIDA CANCER CONTROL AND RESEARCH ADVISORY COUNCIL;
260 CREATION; COMPOSITION.—
261 (r) The council shall, with the Biomedical Research
262 Advisory Council, jointly develop performance measures, a rating
263 system, a rating standard, and an application form for the
264 Cancer Center of Excellence Award created in s. 381.925. The
265 council shall also support the State Surgeon General in
266 implementing the Cancer Center of Excellence Award program by
267 ensuring that at least three members of the council, who must be
268 independent of the applicants for the award, are available to
269 serve on the evaluation team as requested by the State Surgeon
270 General. The council shall advise the State Surgeon General with
271 respect to the Cancer Center for Excellence Award program.
272 Section 5. This act shall take effect July 1, 2013.