Florida Senate - 2021                                     SB 362
       By Senator Harrell
       25-00635-21                                            2021362__
    1                        A bill to be entitled                      
    2         An act relating to pediatric cardiac care; amending s.
    3         395.1055, F.S.; revising requirements for members of
    4         the pediatric cardiac technical advisory panel;
    5         specifying that time spent as an alternate member does
    6         not count toward panel member term limits; revising
    7         the frequency with which the panel must meet;
    8         extending sovereign immunity to apply to all
    9         individuals who are members of a site visit review
   10         team; requiring pediatric cardiac programs to include
   11         certain cases in the program’s required surgical
   12         volume; authorizing site visit teams to conduct
   13         virtual site inspections during a declared state of
   14         emergency; authorizing the panel to alter certain
   15         requirements for virtual site inspections; providing
   16         that pediatric cardiac surgical centers that are
   17         deemed by the panel to be noncompliant with certain
   18         standards must come into compliance with those
   19         standards within a specified timeframe; authorizing
   20         the panel to make a certain recommendation to the
   21         Secretary of Health Care Administration if a center
   22         does not come into compliance within such timeframe;
   23         requiring certain data submitted by the Surgeon
   24         General to the Secretary of Health Care Administration
   25         to follow specified guidelines and suggestions;
   26         providing an effective date.
   28  Be It Enacted by the Legislature of the State of Florida:
   30         Section 1. Paragraphs (b), (d), and (g) of subsection (10),
   31  paragraph (c) of subsection (13), paragraph (c) of subsection
   32  (14), and subsection (15) of section 395.1055, Florida Statutes,
   33  are amended, and paragraphs (e) and (f) are added to subsection
   34  (14) of that section, to read:
   35         395.1055 Rules and enforcement.—
   36         (10) The agency shall establish a pediatric cardiac
   37  technical advisory panel, pursuant to s. 20.052, to develop
   38  procedures and standards for measuring outcomes of pediatric
   39  cardiac catheterization programs and pediatric cardiovascular
   40  surgery programs.
   41         (b) Voting members of the panel shall include: 3 at-large
   42  members, and 3 alternate at-large members with different program
   43  affiliations, including 1 cardiologist who is board certified in
   44  caring for adults with congenital heart disease and 2 board
   45  certified pediatric cardiologists, none neither of whom may be
   46  employed by any of the hospitals specified in subparagraphs 1.
   47  10. or their affiliates, each of whom is appointed by the
   48  Secretary of Health Care Administration, and 10 members, and an
   49  alternate for each member, one each of whom is a pediatric
   50  cardiologist and one of whom is or a pediatric cardiovascular
   51  surgeon, each appointed by the chief executive officer of the
   52  following hospitals:
   53         1. Johns Hopkins All Children’s Hospital in St. Petersburg.
   54         2. Arnold Palmer Hospital for Children in Orlando.
   55         3. Joe DiMaggio Children’s Hospital in Hollywood.
   56         4. Nicklaus Children’s Hospital in Miami.
   57         5. St. Joseph’s Children’s Hospital in Tampa.
   58         6. University of Florida Health Shands Hospital in
   59  Gainesville.
   60         7. University of Miami Holtz Children’s Hospital in Miami.
   61         8. Wolfson Children’s Hospital in Jacksonville.
   62         9. Florida Hospital for Children in Orlando.
   63         10. Nemours Children’s Hospital in Orlando.
   65  Appointments made under subparagraphs 1.-10. are contingent upon
   66  the hospital’s compliance with this section and rules adopted
   67  thereunder, as determined by the Secretary of Health Care
   68  Administration. A member appointed under subparagraphs 1.-10.
   69  whose hospital fails to comply with such standards may serve
   70  only as a nonvoting member until the hospital complies with such
   71  standards. A voting member may serve a maximum of two 2-year
   72  terms and may be reappointed to the panel after being retired
   73  from the panel for a full 2-year term. Time spent serving as an
   74  alternate member on the panel does not count toward a member’s
   75  term limits.
   76         (d) The panel shall meet quarterly biannually, or more
   77  frequently upon the call of the Secretary of Health Care
   78  Administration. Such meetings may be conducted telephonically,
   79  or by other electronic means.
   80         (g) Panel members and all members of a site visit review
   81  team are agents of the state for purposes of s. 768.28
   82  throughout the good faith performance of the duties assigned to
   83  them by the Secretary of Health Care Administration.
   84         (13) A pediatric cardiac program shall:
   85         (c) Have a risk adjustment surgical procedure protocol
   86  following the guidelines established by the Society of Thoracic
   87  Surgeons. The program’s cardiac surgical volume must include
   88  cases involving children younger than 18 years of age with any
   89  type of acquired or congenital heart disease and adults with
   90  congenital heart disease. Cases involving open surgical
   91  placement of a pacing wire count toward the surgical volume.
   92         (14)
   93         (c) A site visit team shall conduct an onsite inspection of
   94  the designated hospital’s pediatric medical and surgical
   95  programs, and each member shall submit a written report of his
   96  or her findings to the panel. During a declared state of
   97  emergency, a site visit team may conduct a virtual site
   98  inspection in lieu of an onsite inspection. The panel shall
   99  discuss the written reports and present an advisory opinion to
  100  the Secretary of Health Care Administration which includes
  101  recommendations and any suggested actions for correction.
  102         (e)For virtual site inspections conducted during a
  103  declared state of emergency, the panel may alter the
  104  requirements for the patient-specific data to be reviewed
  105  virtually as appropriate to comply with the Health Insurance
  106  Portability and Accountability Act and other laws governing the
  107  electronic sharing of protected medical information.
  108         (f)Following a site inspection, if the panel deems the
  109  information contained in the submitted reports to establish that
  110  the pediatric cardiac surgical center under inspection is
  111  noncompliant with the agency’s standards for pediatric cardiac
  112  programs, the center has 24 consecutive months to come into
  113  compliance with such standards. If at the end of the 24-month
  114  period, the panel deems the center is still noncompliant with
  115  the standards, the panel may recommend to the Secretary of
  116  Health Care Administration that the center have its license to
  117  perform congenital cardiac surgery revoked.
  118         (15) The Surgeon General shall provide quarterly reports to
  119  the Secretary of Health Care Administration consisting of data
  120  from the Children’s Medical Services’ critical congenital heart
  121  disease screening program for review by the advisory panel. Data
  122  submitted must follow the guidelines and suggestions established
  123  by the Cardiac Subcommittee of the Children’s Medical Services’
  124  Genetics and Newborn Screening Advisory Council in consultation
  125  with the panel.
  126         Section 2. This act shall take effect July 1, 2021.