ENROLLED
2022 Legislature SB 2526, 1st Engrossed






20222526er
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2 An act relating to health; amending s. 17.41, F.S.;
3 providing that the Department of Financial Services
4 Tobacco Settlement Clearing Trust Fund shall be
5 referred to as the “Lawton Chiles Trust Fund”;
6 amending s. 210.201, F.S.; providing an appropriation
7 to the Board of Directors of the H. Lee Moffitt Cancer
8 Center and Research Institute for a specified purpose;
9 authorizing such appropriation to be used to secure
10 certain financing; providing construction; amending s.
11 381.02035, F.S.; authorizing pharmacists and
12 wholesalers employed by or under contract with
13 forensic facilities managed by the Agency for Persons
14 with Disabilities to import prescription drugs under
15 the Canadian Prescription Drug Importation Program for
16 dispensing to clients in such facilities; amending s.
17 381.915, F.S.; renaming the Florida Consortium of
18 National Cancer Institute Centers Program as the
19 “Casey DeSantis Cancer Research Program”; revising a
20 short title; amending s. 394.9082, F.S.; requiring
21 that the Department of Children and Families’
22 contracts with managing entities be made available on
23 the department’s website; requiring the department to
24 conduct a specified review of managing entities every
25 2 years; requiring the department to submit the review
26 to the Governor and the Legislature by a specified
27 date; requiring managing entities to provide notice to
28 providers before removing the provider from the
29 provider network; amending s. 409.814, F.S.; providing
30 for continued Title XXI-funded coverage for certain
31 enrollees beyond 19 years of age under certain
32 circumstances; providing for eligibility; amending s.
33 409.908, F.S.; requiring the agency to base its rate
34 of payments for nursing home care in its Title XIX
35 Long-Term Care Reimbursement Plan in accordance with
36 specified minimum wage requirements; amending ss.
37 20.435, 210.20, and 409.816, F.S.; conforming
38 provisions to changes made by the act; providing an
39 effective date.
40
41 Be It Enacted by the Legislature of the State of Florida:
42
43 Section 1. Subsection (1) of section 17.41, Florida
44 Statutes, is amended to read:
45 17.41 Department of Financial Services Tobacco Settlement
46 Clearing Trust Fund.—
47 (1) The Department of Financial Services Tobacco Settlement
48 Clearing Trust Fund, which shall be referred to as the “Lawton
49 Chiles Trust Fund,” is created within that department.
50 Section 2. Section 210.201, Florida Statutes, is amended to
51 read:
52 210.201 H. Lee Moffitt Cancer Center and Research Institute
53 facilities; establishment; funding.—
54 (1) The Board of Directors of the H. Lee Moffitt Cancer
55 Center and Research Institute shall construct, furnish, and
56 equip, and shall covenant to complete, the cancer research and
57 clinical and related facilities of the H. Lee Moffitt Cancer
58 Center and Research Institute funded with proceeds from the
59 Cigarette Tax Collection Trust Fund pursuant to s. 210.20.
60 Moneys transferred to the Board of Directors of the H. Lee
61 Moffitt Cancer Center and Research Institute pursuant to s.
62 210.20 may be used to secure financing to pay costs related to
63 constructing, furnishing, equipping, operating, and maintaining
64 cancer research and clinical and related facilities; furnishing,
65 equipping, operating, and maintaining other leased or owned
66 properties; and paying costs incurred in connection with
67 purchasing, financing, operating, and maintaining such
68 equipment, facilities, and properties as provided in s. 210.20.
69 Such financing may include the issuance of tax-exempt bonds or
70 other forms of indebtedness by a local authority, municipality,
71 or county pursuant to parts II and III of chapter 159. Such
72 bonds shall not constitute state bonds for purposes of s. 11,
73 Art. VII of the State Constitution, but shall constitute bonds
74 of a “local agency,” as defined in s. 159.27(4). The cigarette
75 tax dollars pledged to facilities pursuant to s. 210.20 may be
76 replaced annually by the Legislature from tobacco litigation
77 settlement proceeds.
78 (2) Beginning in the 2022-2023 fiscal year, and annually
79 through the 2052-2053 fiscal year, the sum of $20 million is
80 appropriated and shall be transferred to the Board of Directors
81 of the H. Lee Moffitt Cancer Center and Research Institute for
82 construction and development of Moffitt’s Pasco County life
83 sciences park. Moneys transferred to the Board of Directors of
84 the H. Lee Moffitt Cancer Center and Research Institute pursuant
85 to this subsection may be used to secure financing to pay costs
86 related to the construction and development of Moffitt’s Pasco
87 County life sciences park. Such financing may include the
88 issuance of tax-exempt bonds or other forms of indebtedness by a
89 local authority, municipality, or county pursuant to parts II
90 and III of chapter 159. Such bonds shall not constitute state
91 bonds for purposes of s. 11, Art. VII of the State Constitution,
92 but shall constitute bonds of a local agency as defined in s.
93 159.27(4).
94 Section 3. Paragraph (f) is added to subsection (7) of
95 section 381.02035, Florida Statutes, to read:
96 381.02035 Canadian Prescription Drug Importation Program.—
97 (7) ELIGIBLE IMPORTERS.—The following entities may import
98 prescription drugs from an eligible Canadian supplier under the
99 program:
100 (f) A pharmacist or wholesaler employed by or under
101 contract with a forensic facility, as defined in s. 916.106,
102 that is managed by the Agency for Persons with Disabilities, for
103 dispensing to clients treated in such facility.
104 Section 4. Section 381.915, Florida Statutes, is amended to
105 read:
106 381.915 Casey DeSantis Cancer Research Florida Consortium
107 of National Cancer Institute Centers Program.—
108 (1) This section may be cited as the “Casey DeSantis Cancer
109 Research Florida NCI Cancer Centers Act.”
110 (2) The Casey DeSantis Cancer Research Florida Consortium
111 of National Cancer Institute Centers Program is established to
112 enhance the quality and competitiveness of cancer care in this
113 state, further a statewide biomedical research strategy directly
114 responsive to the health needs of Florida’s citizens, and
115 capitalize on the potential educational opportunities available
116 to its students. The department shall make payments to Florida
117 based cancer centers recognized by the National Cancer Institute
118 (NCI) at the National Institutes of Health as NCI-designated
119 cancer centers or NCI-designated comprehensive cancer centers,
120 and cancer centers working toward achieving NCI designation. The
121 department shall distribute funds to participating cancer
122 centers on a quarterly basis during each fiscal year for which
123 an appropriation is made.
124 (3) On or before September 15 of each year, the department
125 shall calculate an allocation fraction to be used for
126 distributing funds to participating cancer centers. On or before
127 the final business day of each quarter of the state fiscal year,
128 the department shall distribute to each participating cancer
129 center one-fourth of that cancer center’s annual allocation
130 calculated under subsection (6). The allocation fraction for
131 each participating cancer center is based on the cancer center’s
132 tier-designated weight under subsection (4) multiplied by each
133 of the following allocation factors: number of reportable cases,
134 peer-review costs, and biomedical education and training. As
135 used in this section, the term:
136 (a) “Biomedical education and training” means instruction
137 that is offered to a student who is enrolled in a biomedical
138 research program at an affiliated university as a medical
139 student or a student in a master’s or doctoral degree program,
140 or who is a resident physician trainee or postdoctoral trainee
141 in such program. An affiliated university biomedical research
142 program must be accredited or approved by a nationally
143 recognized agency and offered through an institution accredited
144 by the Commission on Colleges of the Southern Association of
145 Colleges and Schools. Full-time equivalency for trainees shall
146 be prorated for training received in oncologic sciences and
147 oncologic medicine.
148 (b) “Cancer center” means a freestanding center, a center
149 situated within an academic institution, or a formal research
150 based consortium under centralized leadership that has achieved
151 NCI designation or is prepared to achieve NCI designation by
152 July 1, 2019.
153 (c) “Florida-based” means that a cancer center’s actual or
154 sought designated status is or would be recognized by the NCI as
155 primarily located in Florida and not in another state.
156 (d) “Peer-review costs” means the total annual direct costs
157 for peer-reviewed cancer-related research projects, consistent
158 with reporting guidelines provided by the NCI, for the most
159 recent annual reporting period available.
160 (e) “Reportable cases” means cases of cancer in which a
161 cancer center is involved in the diagnosis, evaluation of the
162 diagnosis, evaluation of the extent of cancer spread at the time
163 of diagnosis, or administration of all or any part of the first
164 course of therapy for the most recent annual reporting period
165 available. Cases relating to patients enrolled in institutional
166 or investigator-initiated interventional clinical trials shall
167 be weighted at 1.2 relative to other cases weighted at 1.0.
168 Determination of institutional or investigator-initiated
169 interventional clinical trials must be consistent with reporting
170 guidelines provided by the NCI.
171 (4) Tier designations and corresponding weights within the
172 Casey DeSantis Cancer Research Florida Consortium of National
173 Cancer Institute Centers Program are as follows:
174 (a) Tier 1: Florida-based NCI-designated comprehensive
175 cancer centers, which shall be weighted at 1.5.
176 (b) Tier 2: Florida-based NCI-designated cancer centers,
177 which shall be weighted at 1.25.
178 (c) Tier 3: Florida-based cancer centers seeking
179 designation as either a NCI-designated cancer center or NCI
180 designated comprehensive cancer center, which shall be weighted
181 at 1.0.
182 1. A cancer center shall meet the following minimum
183 criteria to be considered eligible for Tier 3 designation in any
184 given fiscal year:
185 a. Conducting cancer-related basic scientific research and
186 cancer-related population scientific research;
187 b. Offering and providing the full range of diagnostic and
188 treatment services on site, as determined by the Commission on
189 Cancer of the American College of Surgeons;
190 c. Hosting or conducting cancer-related interventional
191 clinical trials that are registered with the NCI’s Clinical
192 Trials Reporting Program;
193 d. Offering degree-granting programs or affiliating with
194 universities through degree-granting programs accredited or
195 approved by a nationally recognized agency and offered through
196 the center or through the center in conjunction with another
197 institution accredited by the Commission on Colleges of the
198 Southern Association of Colleges and Schools;
199 e. Providing training to clinical trainees, medical
200 trainees accredited by the Accreditation Council for Graduate
201 Medical Education or the American Osteopathic Association, and
202 postdoctoral fellows recently awarded a doctorate degree; and
203 f. Having more than $5 million in annual direct costs
204 associated with their total NCI peer-reviewed grant funding.
205 2. The General Appropriations Act or accompanying
206 legislation may limit the number of cancer centers which shall
207 receive Tier 3 designations or provide additional criteria for
208 such designation.
209 3. A cancer center’s participation in Tier 3 may not extend
210 beyond June 30, 2024.
211 4. A cancer center that qualifies as a designated Tier 3
212 center under the criteria provided in subparagraph 1. by July 1,
213 2014, is authorized to pursue NCI designation as a cancer center
214 or a comprehensive cancer center until June 30, 2024.
215 (5) The department shall use the following formula to
216 calculate a participating cancer center’s allocation fraction:
217
218 CAF=[0.4x(CRC÷TCRC)]+[0.3x(CPC÷TCPC)]+[0.3x(CBE÷TCBE)]
219
220 Where:
221 CAF=A cancer center’s allocation fraction.
222 CRC=A cancer center’s tier-weighted reportable cases.
223 TCRC=The total tier-weighted reportable cases for all
224 cancer centers.
225 CPC=A cancer center’s tier-weighted peer-review costs.
226 TCPC=The total tier-weighted peer-review costs for all
227 cancer centers.
228 CBE=A cancer center’s tier-weighted biomedical education
229 and training.
230 TCBE=The total tier-weighted biomedical education and
231 training for all cancer centers.
232
233 (6) A cancer center’s annual allocation shall be calculated
234 by multiplying the funds appropriated for the Casey DeSantis
235 Cancer Research Florida Consortium of National Cancer Institute
236 Centers Program in the General Appropriations Act by that cancer
237 center’s allocation fraction. If the calculation results in an
238 annual allocation that is less than $16 million, that cancer
239 center’s annual allocation shall be increased to a sum equaling
240 $16 million, with the additional funds being provided
241 proportionally from the annual allocations calculated for the
242 other participating cancer centers.
243 (7) Beginning July 1, 2017, and every 3 years thereafter,
244 the department, in conjunction with participating cancer
245 centers, shall submit a report to the Cancer Control and
246 Research Advisory Council on specific metrics relating to cancer
247 mortality and external funding for cancer-related research in
248 the state. If a cancer center does not endorse this report or
249 produce an equivalent independent report, the cancer center
250 shall be suspended from the program for 1 year. The report must
251 include:
252 (a) An analysis of trending age-adjusted cancer mortality
253 rates in the state, which must include, at a minimum, overall
254 age-adjusted mortality rates for cancer statewide and age
255 adjusted mortality rates by age group, geographic region, and
256 type of cancer, which must include, at a minimum:
257 1. Lung cancer.
258 2. Pancreatic cancer.
259 3. Sarcoma.
260 4. Melanoma.
261 5. Leukemia and myelodysplastic syndromes.
262 6. Brain cancer.
263 (b) Identification of trends in overall federal funding,
264 broken down by institutional source, for cancer-related research
265 in the state.
266 (c) A list and narrative description of collaborative
267 grants and interinstitutional collaboration among participating
268 cancer centers, a comparison of collaborative grants in
269 proportion to the grant totals for each cancer center, a
270 catalogue of retreats and progress seed grants using state
271 funds, and targets for collaboration in the future and reports
272 on progress regarding such targets where appropriate.
273 (8) This section is subject to annual appropriation by the
274 Legislature.
275 (9) The department may adopt rules to administer this
276 section.
277 Section 5. Paragraph (i) of subsection (5) of section
278 394.9082, Florida Statutes, is amended, and paragraphs (k) and
279 (l) are added to subsection (4) of that section, to read:
280 394.9082 Behavioral health managing entities.—
281 (4) CONTRACT WITH MANAGING ENTITIES.—
282 (k) The department’s contracts with managing entities must
283 be made available in a publicly accessible format on the
284 department’s website.
285 (l) Every 2 years, the department shall conduct a
286 comprehensive, multiyear review of the revenues, expenditures,
287 and financial positions of managing entities covering the most
288 recent 2 consecutive fiscal years. The review must include a
289 comprehensive system-of-care analysis. The department shall
290 submit the review to the Gov