Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. SB 378
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  10/20/2015           .                                

       The Committee on Health Policy (Bean) recommended the following:
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 391.224, Florida Statutes, is created to
    6  read:
    7         391.224 Pediatric Cardiac Advisory Council.—
    9         (a) The Legislature finds significant benefits in the
   10  continued coordination of activities by several state agencies
   11  regarding access to pediatric cardiac care in this state. It is
   12  the intent of the Legislature that the Department of Health, the
   13  department’s cardiac consultants, and the Agency for Health Care
   14  Administration maintain their long-standing interagency teams
   15  and agreements for the development and adoption of guidelines,
   16  standards, and rules for those portions of the state cardiac
   17  care system within the statutory authority of each agency. This
   18  coordinated approach will continue to ensure the necessary
   19  continuum of care for the pediatric cardiac patient. The
   20  department has the leadership responsibility for this activity.
   21         (b) It is further the intent of the Legislature to
   22  establish the Pediatric Cardiac Advisory Council, a statewide,
   23  inclusive council within the department.
   25         (a) The State Surgeon General shall appoint the Pediatric
   26  Cardiac Advisory Council for the purpose of advising the
   27  department on the delivery of cardiac services to children.
   28         (b) The chair of the council shall be elected from among
   29  the council members every 2 years and may not serve more than
   30  two consecutive terms.
   31         (c) The council shall meet upon the call of the chair or
   32  two or more voting members or upon the call of the State Surgeon
   33  General, but must meet at least quarterly. Council meetings must
   34  be conducted by teleconference or through other electronic means
   35  when feasible.
   36         (d) The council shall be composed of 11 members with
   37  technical expertise in cardiac medicine. Members shall be
   38  appointed by the State Surgeon General for staggered terms of 4
   39  years. An employee of the department or a contracted consultant
   40  paid by the department may not serve as an appointed member or
   41  ex officio member of the council. Council members shall include
   42  the following voting members:
   43         1. Pediatric cardiologists or pediatric cardiovascular
   44  surgeons that have been nominated by their respective chief
   45  executive officers and approved by the State Surgeon General
   46  from the following facilities for as long as such facilities
   47  maintain their pediatric certificates of need:
   48         a. All Children’s Hospital in St. Petersburg;
   49         b. Arnold Palmer Hospital for Children in Orlando;
   50         c. Joe DiMaggio Children’s Hospital in Hollywood;
   51         d. Nicklaus Children’s Hospital in Miami;
   52         e. St. Joseph’s Children’s Hospital in Tampa;
   53         f. University of Florida Health Shands Hospital in
   54  Gainesville;
   55         g. University of Miami Holtz Children’s Hospital in Miami;
   56  and
   57         h. Wolfson Children’s Hospital in Jacksonville.
   58         2. Two physicians at large, not associated with a facility
   59  represented in subparagraph 1., who are pediatric cardiologists
   60  or subspecialists with special expertise or experience in
   61  dealing with children or adults with congenital heart disease.
   62  These physicians shall be selected by the State Surgeon General
   63  in consultation with the Deputy Secretary for Children’s Medical
   64  Services and the Director of Children’s Medical Services.
   65         3. One community physician who has special interest and
   66  ongoing involvement in children with heart disease and who is
   67  not associated with a facility represented in subparagraph 1.,
   68  or one community-based medical internist having experience with
   69  adults with congenital heart disease. The community physician
   70  shall be selected by the State Surgeon General in consultation
   71  with the Deputy Secretary of Children’s Medical Services and the
   72  Director of the Division of Children’s Medical Services.
   73         (e) The State Surgeon General may appoint nonvoting
   74  advisory members to the council in consultation with the Deputy
   75  Secretary for Children’s Medical Services and the Director of
   76  Children’s Medical Services. Such members may participate in
   77  council discussions and subcommittees created by the council,
   78  but may not vote.
   79         (f) The duties of the council include, but are not limited
   80  to:
   81         1. Recommending standards for personnel, diagnoses,
   82  clinics, and facilities rendering cardiac services to the
   83  department and the Division of Children’s Medical Services.
   84         2. Analyzing reports on the periodic review of cardiac
   85  personnel, diagnoses, clinics, and facilities to determine if
   86  established state and national standards for cardiac services
   87  are met.
   88         3. Making recommendations to the Director of Children’s
   89  Medical Services as to the approval or disapproval of reviewed
   90  cardiac care personnel, diagnoses, clinics, and facilities.
   91         4. Making recommendations as to the intervals for
   92  reinspection of approved personnel, diagnoses, clinics, and
   93  facilities for cardiac care.
   94         5. Reviewing and inspecting hospitals upon the request of
   95  the hospitals or the Agency for Health Care Administration to
   96  determine if established state and national standards for
   97  cardiac services are met.
   98         6. Providing input on all aspects of the state’s Children’s
   99  Medical Services cardiac programs, including rulemaking.
  100         7. Addressing all components of the care of adults and
  101  children with congenital heart disease and children with
  102  acquired heart disease, as indicated and appropriate.
  103         8. Abiding by the recognized state and national
  104  professional standards of care for children with heart disease.
  105         9. Making recommendations to the State Surgeon General for
  106  legislation and appropriations for children’s cardiac services.
  107         10. Providing advisory opinions to the Agency for Health
  108  Care Administration before the agency approves a certificate of
  109  need for children’s cardiac services.
  110         (g) A council member shall serve without compensation, but
  111  is entitled to reimbursement for per diem and travel expenses in
  112  accordance with s. 112.061.
  113         (h) At the recommendation of the Pediatric Cardiac Advisory
  114  Council and with the approval of the Director of Children’s
  115  Medical Services, the State Surgeon General shall designate
  116  facilities meeting the council’s approved state and national
  117  professional standards of care for children with heart disease
  118  as “Pediatric and Congenital Cardiovascular Centers of
  119  Excellence.” The designation is withdrawn automatically if a
  120  particular center no longer meets such standards.
  121         1. The council shall develop and recommend to the State
  122  Surgeon General measurable performance standards and goals for
  123  determining whether a facility meets the requirements for
  124  designation as a “Pediatric and Congenital Cardiovascular Center
  125  of Excellence.”
  126         2. The council shall develop and recommend to the State
  127  Surgeon General evaluation tools for measuring the goals and
  128  performance standards of the facilities seeking and receiving
  129  the “Pediatric and Congenital Cardiovascular Center of
  130  Excellence” designation.
  131         (3) RULEMAKING.—The department, in coordination with the
  132  Agency for Health Care Administration, shall develop rules
  133  related to pediatric cardiac facilities. The department may
  134  adopt rules relating to the establishment, operations, and
  135  authority of the Pediatric Cardiac Advisory Council and the
  136  establishment, goals, performance standards, and evaluation
  137  tools for designating facilities as Pediatric and Congenital
  138  Cardiovascular Centers of Excellence.
  139         (4)APPLICABILITY.—This section is intended to clarify
  140  existing law, is remedial in nature, and shall apply
  141  retroactively to rules already in existence without regard to
  142  the date such rules were adopted.
  143         Section 2. This act shall take effect July 1, 2016.
  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 everything before the enacting clause
  148  and insert:
  149                        A bill to be entitled                      
  150         An act relating to the Pediatric Cardiac Advisory
  151         Council; creating s. 391.224, F.S.; providing
  152         legislative findings and intent; creating the
  153         Pediatric Cardiac Advisory Council; determining the
  154         chair of the advisory council; establishing the
  155         membership of the advisory council; identifying the
  156         duties of the advisory council; setting the minimum
  157         qualifications for the designation of a facility as a
  158         Pediatric and Congenital Cardiovascular Center of
  159         Excellence; requiring the Department of Health to
  160         develop rules relating to pediatric cardiac
  161         facilities; authorizing the department to adopt rules
  162         relating to the council and the designation of
  163         facilities as Pediatric and Congenital Cardiovascular
  164         Centers of Excellence program; providing retroactive
  165         application of the act; providing an effective date.