Florida Senate - 2016 COMMITTEE AMENDMENT Bill No. CS for SB 378 Ì280400^Î280400 LEGISLATIVE ACTION Senate . House Comm: RCS . 11/17/2015 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Governmental Oversight and Accountability (Hays) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete lines 52 - 159 4 and insert: 5 (d) The council shall be composed of no more than 13 voting 6 members with technical expertise in cardiac medicine. Members 7 shall be appointed by the State Surgeon General for staggered 8 terms of 4 years. An employee of the department or a contracted 9 consultant paid by the department may not serve as an appointed 10 member or ex officio member of the council. Council members 11 shall include the following voting members: 12 1. Pediatric cardiologists or pediatric cardiovascular 13 surgeons who have been nominated by their respective chief 14 executive officers and approved by the State Surgeon General 15 from the following facilities for as long as such facilities 16 maintain their pediatric certificates of need: 17 a. All Children’s Hospital in St. Petersburg; 18 b. Arnold Palmer Hospital for Children in Orlando; 19 c. Joe DiMaggio Children’s Hospital in Hollywood; 20 d. Nicklaus Children’s Hospital in Miami; 21 e. St. Joseph’s Children’s Hospital in Tampa; 22 f. University of Florida Health Shands Hospital in 23 Gainesville; 24 g. University of Miami Holtz Children’s Hospital in Miami; 25 and 26 h. Wolfson Children’s Hospital in Jacksonville. 27 28 A hospital with a certificate of need for a pediatric cardiac 29 program that meets state and national standards as determined by 30 the council following an onsite visit by a panel from the 31 council shall have one of its pediatric cardiologists or 32 pediatric cardiovascular surgeons who has been nominated by its 33 chief executive officer and approved by the State Surgeon 34 General appointed to the council as a new voting member. The 35 voting privilege of a voting member of the council appointed 36 pursuant to this subparagraph shall be suspended if the facility 37 he or she represents no longer meets state and national 38 standards as adopted by the council. Such individual may remain 39 a member of the council in an advisory capacity but shall 40 relinquish voting privileges until his or her facility meets 41 such standards. 42 2. Two physicians at large, not associated with a facility 43 that has a representative appointed as a voting member of the 44 council, who are pediatric cardiologists or subspecialists with 45 special expertise or experience in dealing with children or 46 adults with congenital heart disease. These physicians shall be 47 selected by the State Surgeon General in consultation with the 48 Deputy Secretary for Children’s Medical Services and the 49 Director of Children’s Medical Services. 50 3. One community physician who has ongoing involvement with 51 and special interest in children with heart disease and who is 52 not associated with a facility represented in subparagraph 1. or 53 one community-based medical internist having experience with 54 adults with congenital heart disease. The community physician 55 shall be selected by the State Surgeon General in consultation 56 with the Deputy Secretary of Children’s Medical Services and the 57 Director of the Division of Children’s Medical Services. 58 (e) The State Surgeon General may appoint nonvoting 59 advisory members to the council in consultation with the Deputy 60 Secretary for Children’s Medical Services and the Director of 61 Children’s Medical Services. Such members may participate in 62 council discussions and subcommittees created by the council, 63 but may not vote. 64 (f) The duties of the council include, but are not limited 65 to: 66 1. Recommending standards for personnel, diagnoses, 67 clinics, and facilities rendering cardiac services to the 68 department and the Division of Children’s Medical Services. 69 2. Analyzing reports on the periodic review of cardiac 70 personnel, diagnoses, clinics, and facilities to determine if 71 established state and national standards for cardiac services 72 are met. 73 3. Making recommendations to the Director of Children’s 74 Medical Services as to the approval or disapproval of reviewed 75 cardiac care personnel, diagnoses, clinics, and facilities. 76 4. Making recommendations as to the intervals for 77 reinspection of approved personnel, diagnoses, clinics, and 78 facilities for cardiac care. 79 5. Reviewing and inspecting hospitals upon the request of 80 the hospitals, the department, or the Agency for Health Care 81 Administration to determine if established state and national 82 standards for cardiac services are met. 83 6. Providing input on all aspects of the state’s Children’s 84 Medical Services cardiac programs, including rulemaking. 85 7. Addressing all components of the care of adults and 86 children with congenital heart disease and children with 87 acquired heart disease, as indicated and appropriate. 88 8. Abiding by the recognized state and national 89 professional standards of care for children with heart disease. 90 9. Making recommendations to the State Surgeon General for 91 legislation and appropriations for children’s cardiac services. 92 10. Providing advisory opinions to the Agency for Health 93 Care Administration before the agency approves a certificate of 94 need for children’s cardiac services. 95 (g) A council member shall serve without compensation, but 96 is entitled to reimbursement for per diem and travel expenses in 97 accordance with s. 112.061. 98 (h) At the recommendation of the Pediatric Cardiac Advisory 99 Council and with the approval of the Director of Children’s 100 Medical Services, the State Surgeon General shall designate 101 facilities meeting the council’s approved state and national 102 professional standards of care for children with heart disease 103 as “Pediatric and Congenital Cardiovascular Centers of 104 Excellence.” The designation is withdrawn automatically if a 105 particular center no longer meets such standards. 106 1. The council shall develop and recommend to the State 107 Surgeon General measurable performance standards and goals for 108 determining whether a facility meets the requirements for 109 designation as a “Pediatric and Congenital Cardiovascular Center 110 of Excellence.” 111 2. The council shall develop and recommend to the State 112 Surgeon General evaluation tools for measuring the goals and 113 performance standards of the facilities seeking and receiving 114 the “Pediatric and Congenital Cardiovascular Center of 115 Excellence” designation. 116 (3) ANNUAL REPORT.—The council shall submit an annual 117 report to the Governor, the President of the Senate, the Speaker 118 of the House of Representatives, and the State Surgeon General 119 by January 1 of each year, beginning in 2017. The report must 120 summarize the council’s activities for the preceding fiscal year 121 and include data and performance measures for all pediatric 122 cardiac facilities that participate in the Children’s Medical 123 Services Network relating to surgical morbidity and mortality. 124 The report must also recommend any policy or procedural changes 125 that would increase the council’s effectiveness in monitoring 126 the pediatric cardiovascular programs in the state. 127 (4) RULEMAKING.—The department, in coordination with the 128 Agency for Health Care Administration, shall develop rules 129 related to pediatric cardiac facilities that participate in the 130 Children’s Medical Services Network. The rules may establish 131 standards relating to the training and credentialing of medical 132 and surgical personnel, facility and physician minimum case 133 volumes, and data reporting requirements for monitoring and 134 enhancing quality assurance. The department may adopt rules 135 relating to the establishment, operations, and authority of the 136 Pediatric Cardiac Advisory Council and the establishment, goals, 137 performance standards, and evaluation tools for designating 138 facilities as Pediatric and Congenital Cardiovascular Centers of 139 Excellence. The rules relating to pediatric cardiac services and 140 facilities in effect on October 1, 2015, are authorized pursuant 141 to this subsection and shall remain in effect until amended 142 pursuant to this subsection. 143 Section 2. This act shall take effect upon becoming a law. 144 145 ================= T I T L E A M E N D M E N T ================ 146 And the title is amended as follows: 147 Delete lines 2 - 17 148 and insert: 149 An act relating to pediatric cardiac care in the 150 Children’s Medical Services Network; creating s. 151 391.224, F.S.; providing legislative findings and 152 intent; creating the Pediatric Cardiac Advisory 153 Council; determining the chair of the advisory 154 council; establishing the membership of the advisory 155 council; identifying the duties of the advisory 156 council; setting the minimum qualifications for the 157 designation of a facility as a Pediatric and 158 Congenital Cardiovascular Center of Excellence; 159 requiring a report to the Governor, the Legislature, 160 and the State Surgeon General; requiring the 161 Department of Health to develop rules relating to 162 pediatric cardiac services and facilities in the 163 Children’s Medical Services Network; authorizing the 164 department to adopt rules relating to the council and 165 the designation of facilities as Pediatric and 166 Congenital Cardiovascular Centers of Excellence; 167 authorizing and preserving until amended specified 168 rules relating to pediatric cardiac services and 169 facilities; providing an effective date.