Florida Senate - 2016                              CS for SB 378
       By the Committee on Health Policy; and Senator Bean
       588-00911-16                                           2016378c1
    1                        A bill to be entitled                      
    2         An act relating to the Pediatric Cardiac Advisory
    3         Council; creating s. 391.224, F.S.; providing
    4         legislative findings and intent; creating the
    5         Pediatric Cardiac Advisory Council; determining the
    6         chair of the advisory council; establishing the
    7         membership of the advisory council; identifying the
    8         duties of the advisory council; setting the minimum
    9         qualifications for the designation of a facility as a
   10         Pediatric and Congenital Cardiovascular Center of
   11         Excellence; requiring the Department of Health to
   12         develop rules relating to pediatric cardiac
   13         facilities; authorizing the department to adopt rules
   14         relating to the council and the designation of
   15         facilities as Pediatric and Congenital Cardiovascular
   16         Centers of Excellence; providing retroactive
   17         application of the act; providing an effective date.
   19  Be It Enacted by the Legislature of the State of Florida:
   21         Section 1. Section 391.224, Florida Statutes, is created to
   22  read:
   23         391.224 Pediatric Cardiac Advisory Council.—
   25         (a) The Legislature finds significant benefits in the
   26  continued coordination of activities by several state agencies
   27  regarding access to pediatric cardiac care in this state. It is
   28  the intent of the Legislature that the Department of Health, the
   29  department’s cardiac consultants, and the Agency for Health Care
   30  Administration maintain their long-standing interagency teams
   31  and agreements for the development and adoption of guidelines,
   32  standards, and rules for those portions of the state cardiac
   33  care system within the statutory authority of each agency. This
   34  coordinated approach will continue to ensure the necessary
   35  continuum of care for the pediatric cardiac patient. The
   36  department has the leadership responsibility for this activity.
   37         (b) It is further the intent of the Legislature to
   38  establish the Pediatric Cardiac Advisory Council, a statewide,
   39  inclusive council within the department.
   41         (a) The State Surgeon General shall appoint the Pediatric
   42  Cardiac Advisory Council for the purpose of advising the
   43  department on the delivery of cardiac services to children.
   44         (b) The chair of the council shall be elected from among
   45  the council members every 2 years and may not serve more than
   46  two consecutive terms.
   47         (c) The council shall meet upon the call of the chair or
   48  two or more voting members or upon the call of the State Surgeon
   49  General, but must meet at least quarterly. Council meetings must
   50  be conducted by teleconference or through other electronic means
   51  when feasible.
   52         (d) The council shall be composed of 11 members with
   53  technical expertise in cardiac medicine. Members shall be
   54  appointed by the State Surgeon General for staggered terms of 4
   55  years. An employee of the department or a contracted consultant
   56  paid by the department may not serve as an appointed member or
   57  ex officio member of the council. Council members shall include
   58  the following voting members:
   59         1. Pediatric cardiologists or pediatric cardiovascular
   60  surgeons that have been nominated by their respective chief
   61  executive officers and approved by the State Surgeon General
   62  from the following facilities for as long as such facilities
   63  maintain their pediatric certificates of need:
   64         a. All Children’s Hospital in St. Petersburg;
   65         b. Arnold Palmer Hospital for Children in Orlando;
   66         c. Joe DiMaggio Children’s Hospital in Hollywood;
   67         d. Nicklaus Children’s Hospital in Miami;
   68         e. St. Joseph’s Children’s Hospital in Tampa;
   69         f. University of Florida Health Shands Hospital in
   70  Gainesville;
   71         g. University of Miami Holtz Children’s Hospital in Miami;
   72  and
   73         h. Wolfson Children’s Hospital in Jacksonville.
   74         2. Two physicians at large, not associated with a facility
   75  represented in subparagraph 1., who are pediatric cardiologists
   76  or subspecialists with special expertise or experience in
   77  dealing with children or adults with congenital heart disease.
   78  These physicians shall be selected by the State Surgeon General
   79  in consultation with the Deputy Secretary for Children’s Medical
   80  Services and the Director of Children’s Medical Services.
   81         3. One community physician who has special interest and
   82  ongoing involvement in children with heart disease and who is
   83  not associated with a facility represented in subparagraph 1.,
   84  or one community-based medical internist having experience with
   85  adults with congenital heart disease. The community physician
   86  shall be selected by the State Surgeon General in consultation
   87  with the Deputy Secretary of Children’s Medical Services and the
   88  Director of the Division of Children’s Medical Services.
   89         (e) The State Surgeon General may appoint nonvoting
   90  advisory members to the council in consultation with the Deputy
   91  Secretary for Children’s Medical Services and the Director of
   92  Children’s Medical Services. Such members may participate in
   93  council discussions and subcommittees created by the council,
   94  but may not vote.
   95         (f) The duties of the council include, but are not limited
   96  to:
   97         1. Recommending standards for personnel, diagnoses,
   98  clinics, and facilities rendering cardiac services to the
   99  department and the Division of Children’s Medical Services.
  100         2. Analyzing reports on the periodic review of cardiac
  101  personnel, diagnoses, clinics, and facilities to determine if
  102  established state and national standards for cardiac services
  103  are met.
  104         3. Making recommendations to the Director of Children’s
  105  Medical Services as to the approval or disapproval of reviewed
  106  cardiac care personnel, diagnoses, clinics, and facilities.
  107         4. Making recommendations as to the intervals for
  108  reinspection of approved personnel, diagnoses, clinics, and
  109  facilities for cardiac care.
  110         5. Reviewing and inspecting hospitals upon the request of
  111  the hospitals or the Agency for Health Care Administration to
  112  determine if established state and national standards for
  113  cardiac services are met.
  114         6. Providing input on all aspects of the state’s Children’s
  115  Medical Services cardiac programs, including rulemaking.
  116         7. Addressing all components of the care of adults and
  117  children with congenital heart disease and children with
  118  acquired heart disease, as indicated and appropriate.
  119         8. Abiding by the recognized state and national
  120  professional standards of care for children with heart disease.
  121         9. Making recommendations to the State Surgeon General for
  122  legislation and appropriations for children’s cardiac services.
  123         10. Providing advisory opinions to the Agency for Health
  124  Care Administration before the agency approves a certificate of
  125  need for children’s cardiac services.
  126         (g) A council member shall serve without compensation, but
  127  is entitled to reimbursement for per diem and travel expenses in
  128  accordance with s. 112.061.
  129         (h) At the recommendation of the Pediatric Cardiac Advisory
  130  Council and with the approval of the Director of Children’s
  131  Medical Services, the State Surgeon General shall designate
  132  facilities meeting the council’s approved state and national
  133  professional standards of care for children with heart disease
  134  as “Pediatric and Congenital Cardiovascular Centers of
  135  Excellence.” The designation is withdrawn automatically if a
  136  particular center no longer meets such standards.
  137         1. The council shall develop and recommend to the State
  138  Surgeon General measurable performance standards and goals for
  139  determining whether a facility meets the requirements for
  140  designation as a “Pediatric and Congenital Cardiovascular Center
  141  of Excellence.”
  142         2. The council shall develop and recommend to the State
  143  Surgeon General evaluation tools for measuring the goals and
  144  performance standards of the facilities seeking and receiving
  145  the “Pediatric and Congenital Cardiovascular Center of
  146  Excellence” designation.
  147         (3) RULEMAKING.—The department, in coordination with the
  148  Agency for Health Care Administration, shall develop rules
  149  related to pediatric cardiac facilities. The department may
  150  adopt rules relating to the establishment, operations, and
  151  authority of the Pediatric Cardiac Advisory Council and the
  152  establishment, goals, performance standards, and evaluation
  153  tools for designating facilities as Pediatric and Congenital
  154  Cardiovascular Centers of Excellence.
  155         (4)APPLICABILITY.—This section is intended to clarify
  156  existing law, is remedial in nature, and shall apply
  157  retroactively to rules already in existence without regard to
  158  the date such rules were adopted.
  159         Section 2. This act shall take effect July 1, 2016.