Bill Text: FL H0341 | 2010 | Regular Session | Comm Sub

Bill Title: H. Lee Moffitt Cancer Center & Research Institute [SPSC]

Spectrum: Slight Partisan Bill (Republican 8-3)

Status: (Passed) 2010-05-14 - Approved by Governor; Chapter No. 2010-85 [H0341 Detail]

Download: Florida-2010-H0341-Comm_Sub.html
CS/HB 341
A bill to be entitled
2An act relating to the H. Lee Moffitt Cancer Center and
3Research Institute; amending s. 1004.43, F.S.; revising
4provisions relating to the establishment of the institute
5and specifying primary responsibilities of the institute;
6conforming provisions relating to the agreement by the
7Board of Governors and the not-for-profit corporation for
8the use of facilities on the campus of the University of
9South Florida; specifying that the not-for-profit
10corporation and its not-for-profit subsidiaries shall
11conclusively act as instrumentalities of the state for
12purposes of sovereign immunity; authorizing the use of
13land, facilities, and personnel for teaching and research
14programs conducted by state universities; revising
15provisions relating to the control and sharing of certain
16income; providing an effective date.
18Be It Enacted by the Legislature of the State of Florida:
20 Section 1. Section 1004.43, Florida Statutes, is amended
21to read:
22 1004.43 H. Lee Moffitt Cancer Center and Research
23Institute.-There is established the H. Lee Moffitt Cancer Center
24and Research Institute, a statewide resource for basic and
25clinical research and multidisciplinary approaches to patient
26care at the University of South Florida.
27 (1) The Board of Governors State Board of Education shall
28enter into an agreement for the utilization of the facilities on
29the campus of the University of South Florida to be known as the
30H. Lee Moffitt Cancer Center and Research Institute, including
31all furnishings, equipment, and other chattels used in the
32operation of such said facilities, with a Florida not-for-profit
33corporation organized solely for the purpose of governing and
34operating the H. Lee Moffitt Cancer Center and Research
35Institute. This not-for-profit corporation, acting as an
36instrumentality of the State of Florida, shall govern and
37operate the H. Lee Moffitt Cancer Center and Research Institute
38in accordance with the terms of the agreement between the Board
39of Governors and the not-for-profit corporation. The not-for-
40profit corporation may, with the prior approval of the Board of
41Governors, create either for-profit or not-for-profit corporate
42subsidiaries, or both, to fulfill its mission. The not-for-
43profit corporation and any approved not-for-profit subsidiary
44shall be conclusively deemed corporations primarily acting as
45instrumentalities of the state, pursuant to s. 768.28(2), for
46purposes of sovereign immunity. For-profit subsidiaries of the
47not-for-profit corporation may not compete with for-profit
48health care providers in the delivery of radiation therapy
49services to patients. The not-for-profit corporation and its
50subsidiaries are authorized to receive, hold, invest, and
51administer property and any moneys received from private, local,
52state, and federal sources, as well as technical and
53professional income generated or derived from practice
54activities of the institute, for the benefit of the institute
55and the fulfillment of its mission. The affairs of the
56corporation shall be managed by a board of directors who shall
57serve without compensation. The President of the University of
58South Florida and the chair of the Board of Governors, or his or
59her designee, shall be directors of the not-for-profit
60corporation, together with 5 representatives of the state
61universities and no more than 14 nor fewer than 10 directors who
62are not medical doctors or state employees. Each director shall
63have only one vote, shall serve a term of 3 years, and may be
64reelected to the board. Other than the President of the
65University of South Florida and the chair of the Board of
66Governors, directors shall be elected by a majority vote of the
67board. The chair of the board of directors shall be selected by
68majority vote of the directors.
69 (2) The Board of Governors shall provide in the agreement
70with the not-for-profit corporation for the following:
71 (a) Approval of the articles of incorporation of the not-
72for-profit corporation by the Board of Governors.
73 (b) Approval of the articles of incorporation of any not-
74for-profit corporate subsidiary created by the not-for-profit
76 (c) Utilization of lands, facilities, and personnel by the
77not-for-profit corporation and its subsidiaries for research,
78education, treatment, prevention, and the early detection of
79cancer and for mutually approved teaching and research programs
80conducted by the state universities University of South Florida
81or other accredited medical schools or research institutes.
82 (d) Preparation of an annual financial audit of the not-
83for-profit corporation's accounts and records and the accounts
84and records of any subsidiaries to be conducted by an
85independent certified public accountant. The annual audit report
86shall include a management letter, as defined in s. 11.45, and
87shall be submitted to the Auditor General and the Board of
88Governors. The Board of Governors, the Auditor General, and the
89Office of Program Policy Analysis and Government Accountability
90shall have the authority to require and receive from the not-
91for-profit corporation and any subsidiaries or from their
92independent auditor any detail or supplemental data relative to
93the operation of the not-for-profit corporation or subsidiary.
94 (e) Provision by the not-for-profit corporation and its
95subsidiaries of equal employment opportunities to all persons
96regardless of race, color, religion, sex, age, or national
98 (3) The Board of Governors is authorized to secure
99comprehensive general liability protection, including
100professional liability protection, for the not-for-profit
101corporation and its subsidiaries pursuant to s. 1004.24. The
102not-for-profit corporation and its subsidiaries shall be exempt
103from any participation in any property insurance trust fund
104established by law, including any property insurance trust fund
105established pursuant to chapter 284, so long as the not-for-
106profit corporation and its subsidiaries maintain property
107insurance protection with comparable or greater coverage limits.
108 (4) In the event that the agreement between the not-for-
109profit corporation and the Board of Governors is terminated for
110any reason, the Board of Governors shall resume governance and
111operation of such facilities.
112 (5) The institute shall be administered by a chief
113executive officer who shall serve at the pleasure of the board
114of directors of the not-for-profit corporation and who shall
115have the following powers and duties subject to the approval of
116the board of directors:
117 (a) The chief executive officer shall establish programs
118which fulfill the mission of the institute in research,
119education, treatment, prevention, and the early detection of
120cancer; however, the chief executive officer shall not establish
121academic programs for which academic credit is awarded and which
122terminate in the conference of a degree without prior approval
123of the Board of Governors.
124 (b) The chief executive officer shall have control over
125the budget and the dollars appropriated or donated to the
126institute from private, local, state, and federal sources, as
127well as technical and professional income generated or derived
128from practice activities of the not-for-profit corporation and
129its subsidiaries institute. Technical and professional income
130generated from practice activities may be shared between the
131not-for-profit corporation and its subsidiaries as determined by
132the chief executive officer. However, professional income
133generated by state university employees faculty from practice
134activities at the not-for-profit corporation and its
135subsidiaries institute shall be shared between the institute and
136the university and the not-for-profit corporation and its
137subsidiaries only as determined by the chief executive officer
138and the appropriate university dean or vice president.
139 (c) The chief executive officer shall appoint members to
140carry out the research, patient care, and educational activities
141of the institute and determine compensation, benefits, and terms
142of service. Members of the institute shall be eligible to hold
143concurrent appointments at affiliated academic institutions.
144State university faculty shall be eligible to hold concurrent
145appointments at the institute.
146 (d) The chief executive officer shall have control over
147the use and assignment of space and equipment within the
149 (e) The chief executive officer shall have the power to
150create the administrative structure necessary to carry out the
151mission of the institute.
152 (f) The chief executive officer shall have a reporting
153relationship to the Board of Governors or its designee.
154 (g) The chief executive officer shall provide a copy of
155the institute's annual report to the Governor and Cabinet, the
156President of the Senate, the Speaker of the House of
157Representatives, and the chair of the Board of Governors.
158 (6) The board of directors of the not-for-profit
159corporation shall create a council of scientific advisers to the
160chief executive officer comprised of leading researchers,
161physicians, and scientists. This council shall review programs
162and recommend research priorities and initiatives so as to
163maximize the state's investment in the institute. The council
164shall be appointed by the board of directors of the not-for-
165profit corporation. Each member of the council shall be
166appointed to serve a 2-year term and may be reappointed to the
168 (7) In carrying out the provisions of this section, the
169not-for-profit corporation and its subsidiaries are not
170"agencies" within the meaning of s. 20.03(11).
171 (8)(a) Records of the not-for-profit corporation and of
172its subsidiaries are public records unless made confidential or
173exempt by law.
174 (b) Proprietary confidential business information is
175confidential and exempt from the provisions of s. 119.07(1) and
176s. 24(a), Art. I of the State Constitution. However, the Auditor
177General, the Office of Program Policy Analysis and Government
178Accountability, and the Board of Governors, pursuant to their
179oversight and auditing functions, must be given access to all
180proprietary confidential business information upon request and
181without subpoena and must maintain the confidentiality of
182information so received. As used in this paragraph, the term
183"proprietary confidential business information" means
184information, regardless of its form or characteristics, which is
185owned or controlled by the not-for-profit corporation or its
186subsidiaries; is intended to be and is treated by the not-for-
187profit corporation or its subsidiaries as private and the
188disclosure of which would harm the business operations of the
189not-for-profit corporation or its subsidiaries; has not been
190intentionally disclosed by the corporation or its subsidiaries
191unless pursuant to law, an order of a court or administrative
192body, a legislative proceeding pursuant to s. 5, Art. III of the
193State Constitution, or a private agreement that provides that
194the information may be released to the public; and which is
195information concerning:
196 1. Internal auditing controls and reports of internal
198 2. Matters reasonably encompassed in privileged attorney-
199client communications;
200 3. Contracts for managed-care arrangements, including
201preferred provider organization contracts, health maintenance
202organization contracts, and exclusive provider organization
203contracts, and any documents directly relating to the
204negotiation, performance, and implementation of any such
205contracts for managed-care arrangements;
206 4. Bids or other contractual data, banking records, and
207credit agreements the disclosure of which would impair the
208efforts of the not-for-profit corporation or its subsidiaries to
209contract for goods or services on favorable terms;
210 5. Information relating to private contractual data, the
211disclosure of which would impair the competitive interest of the
212provider of the information;
213 6. Corporate officer and employee personnel information;
214 7. Information relating to the proceedings and records of
215credentialing panels and committees and of the governing board
216of the not-for-profit corporation or its subsidiaries relating
217to credentialing;
218 8. Minutes of meetings of the governing board of the not-
219for-profit corporation and its subsidiaries, except minutes of
220meetings open to the public pursuant to subsection (9);
221 9. Information that reveals plans for marketing services
222that the corporation or its subsidiaries reasonably expect to be
223provided by competitors;
224 10. Trade secrets as defined in s. 688.002, including:
225 a. Information relating to methods of manufacture or
226production, potential trade secrets, potentially patentable
227materials, or proprietary information received, generated,
228ascertained, or discovered during the course of research
229conducted by the not-for-profit corporation or its subsidiaries;
231 b. Reimbursement methodologies or rates;
232 11. The identity of donors or prospective donors of
233property who wish to remain anonymous or any information
234identifying such donors or prospective donors. The anonymity of
235these donors or prospective donors must be maintained in the
236auditor's report; or
237 12. Any information received by the not-for-profit
238corporation or its subsidiaries from an agency in this or
239another state or nation or the Federal Government which is
240otherwise exempt or confidential pursuant to the laws of this or
241another state or nation or pursuant to federal law.
243As used in this paragraph, the term "managed care" means systems
244or techniques generally used by third-party payors or their
245agents to affect access to and control payment for health care
246services. Managed-care techniques most often include one or more
247of the following: prior, concurrent, and retrospective review of
248the medical necessity and appropriateness of services or site of
249services; contracts with selected health care providers;
250financial incentives or disincentives related to the use of
251specific providers, services, or service sites; controlled
252access to and coordination of services by a case manager; and
253payor efforts to identify treatment alternatives and modify
254benefit restrictions for high-cost patient care.
255 (c) Subparagraphs 10. and 12. of paragraph (b) are subject
256to the Open Government Sunset Review Act in accordance with s.
257119.15 and shall stand repealed on October 2, 2010, unless
258reviewed and saved from repeal through reenactment by the
260 (9) Meetings of the governing board of the not-for-profit
261corporation and meetings of the subsidiaries of the not-for-
262profit corporation at which the expenditure of dollars
263appropriated to the not-for-profit corporation by the state are
264discussed or reported must remain open to the public in
265accordance with s. 286.011 and s. 24(b), Art. I of the State
266Constitution, unless made confidential or exempt by law. Other
267meetings of the governing board of the not-for-profit
268corporation and of the subsidiaries of the not-for-profit
269corporation are exempt from s. 286.011 and s. 24(b), Art. I of
270the State Constitution.
271 (10) In addition to the continuing appropriation to the
272institute provided in s. 210.20(2), any appropriation to the
273institute provided in a general appropriations act shall be paid
274directly to the board of directors of the not-for-profit
275corporation by warrant drawn by the Chief Financial Officer from
276the State Treasury.
277 Section 2. This act shall take effect July 1, 2010.
CODING: Words stricken are deletions; words underlined are additions.