Bill Text: FL S1126 | 2019 | Regular Session | Introduced
Bill Title: Pediatric Cardiac Technical Advisory Panel
Spectrum: Partisan Bill (Republican 2-0)
Status: (Failed) 2019-05-03 - Died in Appropriations Subcommittee on Health and Human Services, companion bill(s) passed, see CS/HB 843 (Ch. 2019-138) [S1126 Detail]
Download: Florida-2019-S1126-Introduced.html
Florida Senate - 2019 SB 1126 By Senator Harrell 25-01272-19 20191126__ 1 A bill to be entitled 2 An act relating to the Pediatric Cardiac Technical 3 Advisory Panel; amending s. 395.1055, F.S.; 4 authorizing the reimbursement of per diem and travel 5 expenses to members of the pediatric cardiac technical 6 advisory panel, established within the Agency for 7 Health Care Administration; revising panel membership 8 to include certain alternate at-large members; 9 providing term limits for voting members; providing 10 immunity from civil and criminal liabilities to 11 members of the panel; requiring the Secretary of 12 Health Care Administration to consult the panel for 13 advisory recommendations on certain certificate of 14 need applications; authorizing the secretary to 15 request announced or unannounced site visits to any 16 existing pediatric cardiac surgical centers or 17 facilities seeking licensure as a pediatric cardiac 18 surgical center through the certificate of need 19 process; providing a process for the appointment of 20 physician experts to a site visit team; requiring each 21 member of a site visit team to submit a report to the 22 panel; requiring the panel to discuss such reports and 23 present an advisory opinion to the secretary; 24 providing requirements for an on-site inspection; 25 requiring the Surgeon General of the Department of 26 Health to provide specified reports to the secretary; 27 providing an effective date. 28 29 Be It Enacted by the Legislature of the State of Florida: 30 31 Section 1. Present subsections (9) through (12) of section 32 395.1055, Florida Statutes, are amended, and new subsections 33 (10), (13), and (14) are added to that section, to read: 34 395.1055 Rules and enforcement.— 35 (9) The agency shall establish a pediatric cardiac 36 technical advisory panel, pursuant to s. 20.052, to develop 37 procedures and standards for measuring outcomes of pediatric 38 cardiac catheterization programs and pediatric cardiovascular 39 surgery programs. 40 (a) Members of the panel must have technical expertise in 41 pediatric cardiac medicine, shall serve without compensation, 42 and maynotbe reimbursed for per diem and travel expenses. 43 (b) Voting members of the panel shall include: 3 at-large 44 members, and 3 alternate at-large members with different program 45 affiliations, including 1 cardiologist who is board certified in 46 caring for adults with congenital heart disease and 2 board 47 certified pediatric cardiologists, neither of whom may be 48 employed by any of the hospitals specified in subparagraphs 1. 49 10. or their affiliates, each of whom is appointed by the 50 Secretary of Health Care Administration, and 10 members, and an 51 alternate for each member, each of whom is a pediatric 52 cardiologist or a pediatric cardiovascular surgeon, each 53 appointed by the chief executive officer of the following 54 hospitals: 55 1. Johns Hopkins All Children’s Hospital in St. Petersburg. 56 2. Arnold Palmer Hospital for Children in Orlando. 57 3. Joe DiMaggio Children’s Hospital in Hollywood. 58 4. Nicklaus Children’s Hospital in Miami. 59 5. St. Joseph’s Children’s Hospital in Tampa. 60 6. University of Florida Health Shands Hospital in 61 Gainesville. 62 7. University of Miami Holtz Children’s Hospital in Miami. 63 8. Wolfson Children’s Hospital in Jacksonville. 64 9. Florida Hospital for Children in Orlando. 65 10. Nemours Children’s Hospital in Orlando. 66 67 Appointments made under subparagraphs 1.-10. are contingent upon 68 the hospital’s maintenance of pediatric certificates of need and 69 the hospital’s compliance with this section and rules adopted 70 thereunder, as determined by the Secretary of Health Care 71 Administration. A member appointed under subparagraphs 1.-10. 72 whose hospital fails to maintain such certificates or comply 73 with standards may serve only as a nonvoting member until the 74 hospital restores such certificates or complies with such 75 standards. A voting member may serve a maximum of two 2-year 76 terms and may be reappointed to the panel after being retired 77 from the panel for a full 2-year term. 78 (c) The Secretary of Health Care Administration may appoint 79 nonvoting members to the panel. Nonvoting members may include: 80 1. The Secretary of Health Care Administration. 81 2. The Surgeon General. 82 3. The Deputy Secretary of Children’s Medical Services. 83 4. Any current or past Division Director of Children’s 84 Medical Services. 85 5. A parent of a child with congenital heart disease. 86 6. An adult with congenital heart disease. 87 7. A representative from each of the following 88 organizations: the Florida Chapter of the American Academy of 89 Pediatrics, the Florida Chapter of the American College of 90 Cardiology, the Greater Southeast Affiliate of the American 91 Heart Association, the Adult Congenital Heart Association, the 92 March of Dimes, the Florida Association of Children’s Hospitals, 93 and the Florida Society of Thoracic and Cardiovascular Surgeons. 94 (d) The panel shall meet biannually, or more frequently 95 upon the call of the Secretary of Health Care Administration. 96 Such meetings may be conducted telephonically, or by other 97 electronic means. 98 (e) The duties of the panel include recommending to the 99 agency standards for quality of care, personnel, physical plant, 100 equipment, emergency transportation, and data reporting for 101 hospitals that provide pediatric cardiac services. 102 (f) Beginning on January 1, 2020, and annually thereafter, 103 the panel shall submit a report to the Governor, the President 104 of the Senate, the Speaker of the House of Representatives, the 105 Secretary of Health Care Administration, and the State Surgeon 106 General. The report must summarize the panel’s activities during 107 the preceding fiscal year and include data and performance 108 measures on surgical morbidity and mortality for all pediatric 109 cardiac programs. 110 (g) Members of the panel are immune from any civil or 111 criminal liability for events resulting from the good faith 112 performance of duties assigned to them by the Secretary of 113 Health Care Administration. 114 (10) The Secretary of Health Care Administration shall 115 consult the pediatric cardiac technical advisory panel for an 116 advisory recommendation on all certificate of need applications 117 to establish pediatric cardiac surgical centers. 118 (11)(10)Based on the recommendations of the pediatric 119 cardiac technical advisory panelin subsection (9), the agency 120 shall adopt rules for pediatric cardiac programs which, at a 121 minimum, include: 122 (a) Standards for pediatric cardiac catheterization 123 services and pediatric cardiovascular surgery including quality 124 of care, personnel, physical plant, equipment, emergency 125 transportation, data reporting, and appropriate operating hours 126 and timeframes for mobilization for emergency procedures. 127 (b) Outcome standards consistent with nationally 128 established levels of performance in pediatric cardiac programs. 129 (c) Specific steps to be taken by the agency and licensed 130 facilities when the facilities do not meet the outcome standards 131 within a specified time, including time required for detailed 132 case reviews and the development and implementation of 133 corrective action plans. 134 (12)(11)A pediatric cardiac program shall: 135 (a) Have a pediatric cardiology clinic affiliated with a 136 hospital licensed under this chapter. 137 (b) Have a pediatric cardiac catheterization laboratory and 138 a pediatric cardiovascular surgical program located in the 139 hospital. 140 (c) Have a risk adjustment surgical procedure protocol 141 following the guidelines established by the Society of Thoracic 142 Surgeons. 143 (d) Have quality assurance and quality improvement 144 processes in place to enhance clinical operation and patient 145 satisfaction with services. 146 (e) Participate in the clinical outcome reporting systems 147 operated by the Society of Thoracic Surgeons and the American 148 College of Cardiology. 149 (13)(a) The Secretary of Health Care Administration may 150 request announced or unannounced site visits to any existing 151 pediatric cardiac surgical centers or facilities seeking 152 licensure as a pediatric cardiac surgical center through the 153 certificate of need process, to ensure compliance with this 154 section and rules adopted hereunder. 155 (b) At the request of the Secretary of Health Care 156 Administration, the pediatric cardiac technical advisory panel 157 shall recommend in-state physician experts to conduct an on-site 158 visit. The Secretary may also appoint up to two out-of-state 159 physician experts. 160 (c) A site visit team shall conduct an on-site inspection 161 of the designated hospital’s pediatric medical and surgical 162 programs, and each member shall submit a written report of its 163 findings to the panel. The panel shall discuss the written 164 reports and present an advisory opinion to the Secretary of 165 Health Care Administration which includes recommendations and 166 any suggested actions for correction. 167 (d) Each on-site inspection must include all of the 168 following: 169 1. An inspection of the program’s physical facilities, 170 clinics, and laboratories. 171 2. Interviews with support staff and hospital 172 administration. 173 3. A review of: 174 a. Randomly selected medical records and reports, 175 including, but not limited to, advanced cardiac imaging, 176 computed tomography, magnetic resonance imaging, cardiac 177 ultrasound, cardiac catheterization, and surgical operative 178 notes. 179 b. The program’s clinical outcome data submitted to the 180 Society of Thoracic Surgeons and the American College of 181 Cardiology pursuant to s. 408.05(3)(k). 182 c. Mortality reports from cardiac-related deaths that 183 occurred in the previous year. 184 d. Program volume data from the preceding year for 185 interventional and electrophysiology catheterizations and 186 surgical procedures. 187 (14) The Surgeon General shall provide quarterly reports to 188 the Secretary of Health Care Administration consisting of data 189 from the Children’s Medical Services’ critical congenital heart 190 disease screening program for review by the advisory panel. 191 (15)(12)The agency may adopt rules to administer the 192 requirements of part II of chapter 408. 193 Section 2. This act shall take effect July 1, 2019.