Bill Text: FL S0526 | 2012 | Regular Session | Introduced
Bill Title: Health Care
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2012-03-09 - Died in Health Regulation, companion bill(s) passed, see CS/CS/CS/HB 1263 (Ch. [S0526 Detail]
Download: Florida-2012-S0526-Introduced.html
Florida Senate - 2012 SB 526 By Senator Jones 13-00415-12 2012526__ 1 A bill to be entitled 2 An act relating to health care; amending ss. 20.435, 3 154.503, and 215.5602, F.S.; conforming cross 4 references; transferring, renumbering, and amending s. 5 381.91, F.S., relating to the Jessie Trice Cancer 6 Prevention Program; transferring and renumbering s. 7 381.911, F.S., relating to the Prostate Cancer 8 Awareness Program; transferring and renumbering s. 9 381.922, F.S., relating to the William G. “Bill” 10 Bankhead, Jr., and David Coley Cancer Research 11 Program; transferring and renumbering s. 381.93, F.S., 12 relating to a breast and cervical cancer early 13 detection program; transferring, renumbering, and 14 amending s. 381.931, F.S., relating to an annual 15 report on Medicaid expenditures; removing a provision 16 limiting the number of breast and cervical cancer 17 screenings based on projected Medicaid expenditures; 18 transferring, renumbering, and amending s. 381.932, 19 F.S., relating to the breast cancer early detection 20 and treatment referral program; renaming ch. 385, 21 F.S., as the “Healthy and Fit Florida Act”; amending 22 s. 385.101, F.S.; revising the short title; amending 23 s. 385.102, F.S.; revising legislative intent with 24 regard to chronic diseases and health promotion; 25 creating s. 385.1021, F.S.; providing definitions; 26 creating s. 385.1022, F.S.; requiring the Department 27 of Health to support the creation of public health 28 programs at the state and community levels to reduce 29 the incidence of mortality and morbidity from chronic 30 diseases; creating s. 385.1023, F.S.; requiring the 31 department to create a state-level program to address 32 the preventable risk factors associated with chronic 33 diseases; requiring the program to perform certain 34 activities; creating s. 385.1035, F.S.; requiring the 35 department to develop and implement a community-level 36 program for the prevention of chronic diseases and the 37 promotion of health; providing the purpose of the 38 program; providing requirements for the program; 39 creating s. 385.104, F.S.; requiring the department to 40 develop programs to promote physical fitness, healthy 41 lifestyles, and weight control; requiring the 42 department to promote programs to increase physical 43 fitness and encourage healthy behavior changes; 44 requiring the department to promote healthy lifestyles 45 to reduce the rate of obesity and encourage weight 46 control and weight reduction; requiring the department 47 to promote personal responsibility and regular health 48 visits; authorizing state agencies to conduct employee 49 wellness programs; requiring the department to serve 50 as a model for the development and implementation of 51 wellness programs; requiring the department to assist 52 state agencies in developing and implementing wellness 53 programs; providing equal access to the programs by 54 agency employees; requiring the department to 55 coordinate efforts with the Department of Management 56 Services and other state agencies; authorizing each 57 state agency to establish an employee wellness 58 workgroup to design the agency’s wellness program; 59 requiring the department to adopt rules to provide 60 requirements for participation fees, collaboration 61 with businesses, and procurement of equipment and 62 incentives; amending s. 385.202, F.S.; requiring 63 licensed laboratories and practitioners to report 64 certain information to the department; removing a 65 provision that provides for registration or licensure 66 suspension or revocation for failure to comply with 67 such requirements; providing immunity from liability 68 for facilities, laboratories, and practitioners 69 reporting certain information; authorizing the 70 department to adopt rules regarding the establishment 71 and operation of a statewide cancer registry program; 72 permitting the department or contractual designee 73 operating the statewide cancer registry program to use 74 or publish information contained in the registry for 75 the purpose of public health surveillance under 76 certain circumstances; authorizing the department to 77 exchange personal data with an agency or contractual 78 designee for the purpose of public health surveillance 79 under certain circumstances; authorizing additional 80 uses for funds appropriated for the program; 81 clarifying that the department may adopt rules 82 regarding the classifications of facilities, 83 laboratories, and practitioners related to reports 84 made to the statewide cancer registry; removing an 85 exemption from reporting requirements for certain 86 facilities; requiring each facility, laboratory, and 87 practitioner that reports cancer cases to the 88 department to make their records available for onsite 89 review; amending s. 409.904, F.S.; conforming a cross 90 reference; repealing s. 381.0054, F.S., relating to 91 the promotion of healthy lifestyles; repealing ss. 92 381.732 and 381.733, F.S., relating to the Healthy 93 Communities, Healthy People Act; repealing s. 381.734, 94 F.S., relating to the Healthy Communities, Healthy 95 People Program; repealing s. 381.87, F.S., relating to 96 the Osteoporosis Prevention and Education Program; 97 repealing s. 385.103, F.S., relating to community 98 intervention programs; providing an effective date. 99 100 WHEREAS, chronic diseases, not infectious diseases, are the 101 leading causes of death, accounting for 70 percent of all deaths 102 in the United States, and 103 WHEREAS, heart disease and stroke have remained the first 104 and third leading causes of death in the United States for more 105 than 7 decades and are responsible for approximately one-third 106 of total deaths each year in this state, and 107 WHEREAS, cancer is the second leading cause of death and is 108 responsible for one in every four deaths in this state, and 109 WHEREAS, lung disease is the fourth leading cause of death 110 and is responsible for one in every six deaths in this state, 111 and 112 WHEREAS, diabetes is the sixth leading cause of death in 113 this state, and 114 WHEREAS, oral disease, specifically dental caries, commonly 115 known as tooth decay, is the single most common chronic disease 116 in children. Dental caries are the most prevalent chronic 117 disease experienced by children which is not self-limiting or 118 amenable to a short-term course of antibiotics, despite the fact 119 that dental caries are usually preventable, and 120 WHEREAS, arthritis is the leading cause of disability in 121 the United States, limiting the daily activities of more than 122 1.7 million people in this state alone, NOW, THEREFORE, 123 124 Be It Enacted by the Legislature of the State of Florida: 125 126 Section 1. Paragraph (a) of subsection (8) of section 127 20.435, Florida Statutes, is amended to read: 128 20.435 Department of Health; trust funds.—The following 129 trust funds shall be administered by the Department of Health: 130 (8) Biomedical Research Trust Fund. 131 (a) Funds to be credited to the trust fund shall consist of 132 funds deposited pursuant to s. 215.5601 and any other funds 133 appropriated by the Legislature. Funds shall be used for the 134 purposes of the James and Esther King Biomedical Research 135 Program and the William G. “Bill” Bankhead, Jr., and David Coley 136 Cancer Research Program as specified in ss. 215.5602, 288.955, 137 and 385.20252381.922. The trust fund is exempt from the service 138 charges imposed by s. 215.20. 139 Section 2. Paragraph (e) of subsection (2) of section 140 154.503, Florida Statutes, is amended to read: 141 154.503 Primary Care for Children and Families Challenge 142 Grant Program; creation; administration.— 143 (2) The department shall: 144 (e) Coordinate with the primary care program developed 145 pursuant to s. 154.011, the Florida Healthy Kids Corporation 146 program created in s. 624.91, the school health services program 147 created in ss. 381.0056 and 381.0057,the Healthy Communities,148Healthy People Program created in s.381.734,and the volunteer 149 health care provider program developed pursuant to s. 766.1115. 150 Section 3. Subsections (11) and (12) of section 215.5602, 151 Florida Statutes, are amended to read: 152 215.5602 James and Esther King Biomedical Research 153 Program.— 154 (11) The council shall award grants for cancer research 155 through the William G. “Bill” Bankhead, Jr., and David Coley 156 Cancer Research Program created in s. 385.20252381.922. 157 (12) From funds appropriated to accomplish the goals of 158 this section, up to $250,000 shall be available for the 159 operating costs of the Florida Center for Universal Research to 160 Eradicate Disease. Beginning in the 2011-2012 fiscal year and 161 thereafter, $25 million from the revenue deposited into the 162 Health Care Trust Fund pursuant to ss. 210.011(9) and 210.276(7) 163 shall be reserved for research of tobacco-related or cancer 164 related illnesses. Of the revenue deposited in the Health Care 165 Trust Fund pursuant to this section, $25 million shall be 166 transferred to the Biomedical Research Trust Fund within the 167 Department of Health. Subject to annual appropriations in the 168 General Appropriations Act, $5 million shall be appropriated to 169 the James and Esther King Biomedical Research Program, $5 170 million shall be appropriated to the William G. “Bill” Bankhead, 171 Jr., and David Coley Cancer Research Program created under s. 172 385.20252381.922, $5 million shall be appropriated to the H. 173 Lee Moffitt Cancer Center and Research Institute established 174 under s. 1004.43, $5 million shall be appropriated to the 175 Sylvester Comprehensive Cancer Center of the University of 176 Miami, and $5 million shall be appropriated to the University of 177 Florida Shands Cancer Center. 178 Section 4. Section 381.91, Florida Statutes, is 179 transferred, renumbered as section 385.2023, Florida Statutes, 180 and amended to read: 181 385.2023381.91Jessie Trice Cancer Prevention Program.— 182 (1) It is the intent of the Legislature to: 183 (a) Reduce the rates of illness and death from lung cancer 184 and other cancers and improve the quality of life among low 185 income African-American and Hispanic populations through 186 increased access to early, effective screening and diagnosis, 187 education, and treatment programs. 188 (b) Create a community faith-based disease-prevention 189 program in conjunction with the Health Choice Network and other 190 community health centers to build upon the natural referral and 191 education networks in place within minority communities and to 192 increase access to health service delivery in this state 193Florida. 194 (c) Establish a funding source to build upon local private 195 participation to sustain the operation of the program. 196 (2)(a) There is created the Jessie Trice Cancer Prevention 197 Program, to be located, for administrative purposes, within the 198 Department of Health, and operated from the community health 199 centers within the Health Choice Network in this stateFlorida. 200 (b) Funding may be provided to develop contracts with 201 community health centers and local community faith-based 202 education programs to provide cancer screening, diagnosis, 203 education, and treatment services to low-income populations 204 throughout the state. 205 Section 5. Section 381.911, Florida Statutes, is 206 transferred and renumbered as section 385.2024, Florida 207 Statutes, to read: 208 385.2024381.911Prostate Cancer Awareness Program.— 209 (1) The purpose of this program is to provide statewide 210 outreach, promote prostate cancer awareness, communicate the 211 advantages of early detection, report recent progress in 212 prostate cancer research and the availability of clinical 213 trials, minimize health disparities through outreach and 214 education, communicate best practices principles to physicians 215 involved in the care of prostate cancer patients, and establish 216 a communication platform for patients and their advocates. 217 (2) For purposes of implementing the program, the 218 University of Florida Prostate Disease Center may work with 219 other agencies, organizations, and institutions to create a 220 systematic approach to community education and increase public 221 awareness regarding prostate cancer by: 222 (a) Conducting activities directly or entering into a 223 contract with qualified nonprofit community education entities. 224 (b) Seeking any available gifts, private grants, or funds 225 from the Federal Government, philanthropic foundations, and 226 industry or business groups. 227 (3) The University of Florida Prostate Disease Center 228 (UFPDC) shall establish the UFPDC Prostate Cancer Advisory 229 Council and lead the advisory council in developing and 230 implementing strategies to improve outreach and education and 231 thereby reduce the number of patients who develop prostate 232 cancer. 233 (a) The executive director of the University of Florida 234 Prostate Disease Center shall appoint, in consultation with the 235 Department of Health’s Comprehensive Cancer Control Program and 236 the State Surgeon General, a geographically and institutionally 237 diverse advisory council, which shall consist of: 238 1. Two persons from prostate cancer survivor groups or 239 cancer-related advocacy groups. 240 2. Four persons, one of whom is a physician licensed under 241 chapter 458, one of whom is a physician licensed under chapter 242 459, one of whom is a scientist, and one of whom is the 243 executive director of the University of Florida Prostate Disease 244 Center or a designee. 245 3. Three persons who are engaged in the practice of a 246 cancer-related medical specialty from health organizations 247 committed to cancer research and control. 248 (b) Members shall serve as volunteers without compensation. 249 (c) Each member of the advisory council shall be appointed 250 to a 4-year term; however, for the purpose of providing 251 staggered terms, of the initial appointments, four members shall 252 be appointed to 2-year terms and four members shall be appointed 253 to 4-year terms. The remaining seat shall be filled by the 254 executive director of the University of Florida Prostate Disease 255 Center or a designee. 256 (d) The advisory council shall meet annually and at other 257 times at the call of the executive director of the University of 258 Florida Prostate Disease Center or by a majority vote of the 259 members of the advisory council. 260 (e) Five of the members of the advisory council constitute 261 a quorum, and an affirmative vote of a majority of the members 262 present is required for final action. 263 (f) The advisory council shall: 264 1. Present prostate-cancer-related policy recommendations 265 to the Department of Health and other appropriate governmental 266 entities. 267 2. Assess the accuracy of prostate cancer information 268 disseminated to the public. 269 3. Develop effective communication channels among all 270 private and public entities in the state involved in prostate 271 cancer education, research, treatment, and patient advocacy. 272 4. Plan, develop, and implement activities designed to 273 heighten awareness and educate residents of the state, 274 especially those in underserved areas, regarding the importance 275 of prostate cancer awareness. 276 5. Disseminate information about recent progress in 277 prostate cancer research and the availability of clinical 278 trials. 279 6. Minimize health disparities through outreach and 280 education. 281 7. Communicate best practices principles to physicians 282 involved in the care of patients with prostate cancer. 283 8. Establish a communication platform for patients and 284 their advocates. 285 9. Solicit private grants or philanthropic funding to 286 conduct an annual prostate cancer symposium that brings 287 physicians, researchers, community leaders, prostate cancer 288 survivors, and prostate cancer advocates together to highlight 289 recent advances in prostate cancer research, clinical trials, 290 and best practices used for the prevention of prostate cancer 291 and to promote strategies for successful rural and urban 292 outreach, community education, and increased awareness. 293 10. Submit and present an annual report to the Governor, 294 the President of the Senate, the Speaker of the House of 295 Representatives, and the State Surgeon General by January 15, 296 2012, and by January 15 of each following year, which contains 297 recommendations for legislative changes necessary to decrease 298 the incidence of prostate cancer, decrease racial and ethnic 299 disparities among persons diagnosed with prostate cancer, and 300 promote increased community education and awareness regarding 301 this disease. 302 (4) The University of Florida Prostate Disease Center 303 (UFPDC) and the UFPDC Prostate Cancer Advisory Council shall be 304 funded within existing resources of the university. 305 Section 6. Section 381.922, Florida Statutes, is 306 transferred and renumbered as section 385.20252, Florida 307 Statutes, to read: 308 385.20252381.922William G. “Bill” Bankhead, Jr., and 309 David Coley Cancer Research Program.— 310 (1) The William G. “Bill” Bankhead, Jr., and David Coley 311 Cancer Research Program, which may be otherwise cited as the 312 “Bankhead-Coley Program,” is created within the Department of 313 Health. The purpose of the program shall be to advance progress 314 towards cures for cancer through grants awarded through a peer 315 reviewed, competitive process. 316 (2) The program shall provide grants for cancer research to 317 further the search for cures for cancer. 318 (a) Emphasis shall be given to the following goals, as 319 those goals support the advancement of such cures: 320 1. Efforts to significantly expand cancer research capacity 321 in the state by: 322 a. Identifying ways to attract new research talent and 323 attendant national grant-producing researchers to cancer 324 research facilities in this state; 325 b. Implementing a peer-reviewed, competitive process to 326 identify and fund the best proposals to expand cancer research 327 institutes in this state; 328 c. Funding through available resources for those proposals 329 that demonstrate the greatest opportunity to attract federal 330 research grants and private financial support; 331 d. Encouraging the employment of bioinformatics in order to 332 create a cancer informatics infrastructure that enhances 333 information and resource exchange and integration through 334 researchers working in diverse disciplines, to facilitate the 335 full spectrum of cancer investigations; 336 e. Facilitating the technical coordination, business 337 development, and support of intellectual property as it relates 338 to the advancement of cancer research; and 339 f. Aiding in other multidisciplinary research-support 340 activities as they inure to the advancement of cancer research. 341 2. Efforts to improve both research and treatment through 342 greater participation in clinical trials networks by: 343 a. Identifying ways to increase adult enrollment in cancer 344 clinical trials; 345 b. Supporting public and private professional education 346 programs designed to increase the awareness and knowledge about 347 cancer clinical trials; 348 c. Providing tools to cancer patients and community-based 349 oncologists to aid in the identification of cancer clinical 350 trials available in the state; and 351 d. Creating opportunities for the state’s academic cancer 352 centers to collaborate with community-based oncologists in 353 cancer clinical trials networks. 354 3. Efforts to reduce the impact of cancer on disparate 355 groups by: 356 a. Identifying those cancers that disproportionately impact 357 certain demographic groups; and 358 b. Building collaborations designed to reduce health 359 disparities as they relate to cancer. 360 (b) Preference may be given to grant proposals that foster 361 collaborations among institutions, researchers, and community 362 practitioners, as such proposals support the advancement of 363 cures through basic or applied research, including clinical 364 trials involving cancer patients and related networks. 365 (3)(a) Applications for funding for cancer research may be 366 submitted by any university or established research institute in 367 the state. All qualified investigators in the state, regardless 368 of institutional affiliation, shall have equal access and 369 opportunity to compete for the research funding. Collaborative 370 proposals, including those that advance the program’s goals 371 enumerated in subsection (2), may be given preference. Grants 372 shall be awarded by the State Surgeon General, after 373 consultation with the Biomedical Research Advisory Council, on 374 the basis of scientific merit, as determined by an open, 375 competitive peer review process that ensures objectivity, 376 consistency, and high quality. The following types of 377 applications shall be considered for funding: 378 1. Investigator-initiated research grants. 379 2. Institutional research grants. 380 3. Collaborative research grants, including those that 381 advance the finding of cures through basic or applied research. 382 (b) In order to ensure that all proposals for research 383 funding are appropriate and are evaluated fairly on the basis of 384 scientific merit, the State Surgeon General, in consultation 385 with the council, shall appoint a peer review panel of 386 independent, scientifically qualified individuals to review the 387 scientific content of each proposal and establish its priority 388 score. The priority scores shall be forwarded to the council and 389 must be considered in determining which proposals shall be 390 recommended for funding. 391 (c) The council and the peer review panel shall establish 392 and follow rigorous guidelines for ethical conduct and adhere to 393 a strict policy with regard to conflicts of interest. A member 394 of the council or panel may not participate in any discussion or 395 decision with respect to a research proposal by any firm, 396 entity, or agency with which the member is associated as a 397 member of the governing body or as an employee or with which the 398 member has entered into a contractual arrangement. Meetings of 399 the council and the peer review panels are subject to chapter 400 119, s. 286.011, and s. 24, Art. I of the State Constitution. 401 (4) By December 15 of each year, the Department of Health 402 shall submit to the Governor, the President of the Senate, and 403 the Speaker of the House of Representatives a report indicating 404 progress towards the program’s mission and making 405 recommendations that further its purpose. 406 (5) The William G. “Bill” Bankhead, Jr., and David Coley 407 Cancer Research Program is funded pursuant to s. 215.5602(12). 408 Funds appropriated for the William G. “Bill” Bankhead, Jr., and 409 David Coley Cancer Research Program shall be distributed 410 pursuant to this section to provide grants to researchers 411 seeking cures for cancer and cancer-related illnesses, with 412 emphasis given to the goals enumerated in this section. From the 413 total funds appropriated, an amount of up to 10 percent may be 414 used for administrative expenses. From funds appropriated to 415 accomplish the goals of this section, up to $250,000 shall be 416 available for the operating costs of the Florida Center for 417 Universal Research to Eradicate Disease. 418 Section 7. Section 381.93, Florida Statutes, is transferred 419 and renumbered as section 385.20253, Florida Statutes, to read: 420 385.20253381.93Breast and cervical cancer early detection 421 program.—This section may be cited as the “Mary Brogan Breast 422 and Cervical Cancer Early Detection Program Act.” 423 (1) It is the intent of the Legislature to reduce the rates 424 of death due to breast and cervical cancer through early 425 diagnosis and increased access to early screening, diagnosis, 426 and treatment programs. 427 (2) The Department of Health, using available federal funds 428 and state funds appropriated for that purpose, is authorized to 429 establish the Mary Brogan Breast and Cervical Cancer Screening 430 and Early Detection Program to provide screening, diagnosis, 431 evaluation, treatment, case management, and followup and 432 referral to the Agency for Health Care Administration for 433 coverage of treatment services. 434 (3) The Mary Brogan Breast and Cervical Cancer Early 435 Detection Program shall be funded through grants for such 436 screening and early detection purposes from the federal Centers 437 for Disease Control and Prevention under Title XV of the Public 438 Health Service Act, 42 U.S.C. ss. 300k et seq. 439 (4) The department shall limit enrollment in the program to 440 persons with incomes up to and including 200 percent of the 441 federal poverty level. The department shall establish an 442 eligibility process that includes an income-verification process 443 to ensure that persons served under the program meet income 444 guidelines. 445 (5) The department may provide other breast and cervical 446 cancer screening and diagnostic services; however, such services 447 shall be funded separately through other sources than this act. 448 Section 8. Section 381.931, Florida Statutes, is 449 transferred, renumbered as section 385.20254, Florida Statutes, 450 and amended to read: 451 385.20254381.931Annual report on Medicaid expenditures. 452 The Department of Health and the Agency for Health Care 453 Administration shall monitor the total Medicaid expenditures for 454 services made under this act.If Medicaid expenditures are455projected to exceed the amount appropriated by the Legislature,456the Department of Health shall limit the number of screenings to457ensure Medicaid expenditures do not exceed the amount458appropriated.459 Section 9. Section 381.932, Florida Statutes, is 460 transferred, renumbered as section 385.20255, Florida Statutes, 461 and amended to read: 462 385.20255381.932Breast cancer early detection and 463 treatment referral program.— 464 (1) For purposes of this section, the term: 465 (a) “Breast cancer screening and referral services” means 466 necessary breast cancer screening and referral services for a 467 procedure intended to treat cancer of the human breast, 468 including, but not limited to, surgery, radiation therapy, 469 chemotherapy, hormonal therapy, and related medical followup 470 services. 471 (b) “Unserved or underserved populations” means women who 472 are: 473 1. At or below 200 percent of the federal poverty level for 474 individuals; 475 2. Without health insurance that covers breast cancer 476 screenings; and 477 3. Nineteen to 64 years of age, inclusive. 478 (2) There is established, within existing or specific 479 appropriations, a breast cancer early detection and treatment 480 referral program within the Department of Health. The purposes 481 of the program are to: 482 (a) Promote referrals for the screening, detection, and 483 treatment of breast cancer among unserved or underserved 484 populations. 485 (b) Educate the public regarding breast cancer and the 486 benefits of early detection. 487 (c) Provide referral services for persons seeking 488 treatment. 489 (3) The program shall include, but is notbelimited to, 490 the: 491 (a) Establishment of a public education and outreach 492 initiative to publicize breast cancer early detection services, 493 the benefits of early detection of breast cancer, and the 494 recommended frequency for receiving screening services, 495 including clinical breast examinations and mammography 496 guidelines established by the United States Preventive Services 497 Task Force. 498 (b) Development of professional education programs that 499 include information regarding the benefits of the early 500 detection of breast cancer and the recommended frequency for 501 receiving a mammogram, as recommended in the most current breast 502 cancer screening guidelines established by the United States 503 Preventive Services Task Force. 504 (c) Establishment of a system to track and monitor all 505 women screened for breast cancer in the program. The system 506 shall include, but is notbelimited to, monitoring abnormal 507 screening tests, referring women for treatment when needed, and 508 tracking women to be screened at recommended screening 509 intervals. 510 (4) The State Surgeon General shall submit an annual report 511 to the appropriate substantive committees of the Legislature. 512 The report shall include, but is notbelimited to, a 513 description of the rate of breast cancer morbidity and mortality 514 in the state and the extent to which women are participating in 515 breast cancer screening as reported by the Behavioral Risk 516 Factor Surveillance System. 517 Section 10. Chapter 385, Florida Statutes, entitled 518 “Chronic Diseases,” is renamed the “Healthy and Fit Florida 519 Act.” 520 Section 11. Section 385.101, Florida Statutes, is amended 521 to read: 522 385.101 Short title.—This chapterSections385.101-385.103523 may be cited as the “Healthy and Fit FloridaChronic Diseases524 Act.” 525 Section 12. Section 385.102, Florida Statutes, is amended 526 to read: 527 385.102 Legislative intent.—It is the finding of the 528 Legislature that: 529 (1) Chronic diseases continue to be the leading causes of 530 death and disability in the state and the nationexist in high531proportions among the people of this state.TheseChronic 532 diseases include, but are not limited to, arthritis, 533 cardiovascular diseaseheart disease, hypertension, diabetes, 534 renal disease, oral diseases, cancer, andchronic obstructive535 lung disease, including chronic obstructive pulmonary disease 536 and asthma. These diseasesareoften have the same preventable 537 risk factors andinterrelated, and they directly and indirectly538 account for a high rate of death and disability, which results 539 in higher costs to the state’s health care systemillness. 540 (2) Chronic diseases have a significant impact on quality 541 of life, not only for the individuals who experience the painful 542 symptoms and resulting disabilities, but also for family members 543 and caregivers. 544 (3) Racial and ethnic minorities and other underserved 545 populations are disproportionately affected by chronic diseases. 546 (4) Chronic diseases and the complications associated with 547 these diseases result in increased medical costs and lost wages. 548 (5)(2)Advances in medical knowledge and technology assist 549have assistedin the prevention, detection, and management of 550 chronic diseases. Comprehensive approaches that stress the 551stressingapplication of current medical treatment, continuing 552 research, professional training,andpatient education, and 553 state and local policy and environmental changes should be 554 implementedencouraged. 555 (6)(3)A comprehensive program dealing with the early556detection and prevention of chronic diseases is required to make557knowledge and therapy available to all people of this state.The 558 mobilization of scientific, medical, and educational resources 559 and the implementation of state and local policies relating to 560 chronic diseases under one comprehensive lawchronic disease act561 will facilitate the prevention, early intervention, and 562 management of chronicand treatment of thesediseases and their 563 symptoms. This integration of resources and policy willand564 result in a decline in death and disabilityillnessamong the 565 people of this state. 566 (7) The department shall establish, promote, and maintain 567 programs at the state and community levels for chronic disease 568 prevention and health promotion as described in this chapter to 569 the extent that funds are specifically made available for this 570 purpose. 571 Section 13. Section 385.1021, Florida Statutes, is created 572 to read: 573 385.1021 Definitions.—As used in this chapter, the term: 574 (1) “Best and promising practices” means specific 575 activities used to effect change, which may include guidelines 576 developed by organizations, volunteer scientists, and health 577 care professionals who have published medical or scientific 578 articles on topics relating to chronic diseases in a generally 579 available scientific journal that has a rigorous review and 580 approval process. 581 (2) “Chronic disease” means an illness that is prolonged, 582 does not resolve spontaneously, and is rarely cured completely. 583 (3) “Department” means the Department of Health. 584 (4) “Environmental changes” means alterations to the 585 economic, social, or physical natural or built environment that 586 encourage or enable healthy behavior. 587 (5) “Evidence-based” means the preferential use of 588 physical, mental, and behavioral health interventions for which 589 systematic empirical research has provided evidence of 590 statistically significant effectiveness as treatments for 591 specific problems. 592 (7) “Policy change” means altering an informal or formal 593 agreement between the public or private sector to identify 594 values, behaviors, or resource allocation in order to improve 595 health. 596 (8) “Risk factor” means a characteristic or condition 597 identified during the course of an epidemiological study of a 598 disease which appears to be statistically associated with a high 599 incidence of that disease. 600 (9) “System change” means altering standard activities, 601 protocols, policies, processes, and structures carried out in 602 population-based settings, such as schools, worksites, health 603 care facilities, faith-based organizations, and the overall 604 community, which promote and support new behaviors. 605 (10) “Wellness program” means a structured program that is 606 designed or approved by the department to offer intervention 607 activities on or off the worksite which help state and local 608 government employees change certain behaviors or adopt healthy 609 lifestyles. 610 Section 14. Section 385.1022, Florida Statutes, is created 611 to read: 612 385.1022 Chronic disease prevention and health promotion 613 program.—The department shall support the creation of public 614 health programs at the state and community levels in order to 615 reduce the incidence of mortality and morbidity from chronic 616 diseases for which risk factors can be identified. Such risk 617 factors include, but are not limited to, being overweight or 618 obese, physical inactivity, poor diet and nutrition habits, sun 619 exposure, poor oral hygiene, and other practices that are 620 detrimental to health. 621 Section 15. Section 385.1023, Florida Statutes, is created 622 to read: 623 385.1023 State-level program for chronic disease 624 prevention.—The department shall create a state-level program 625 that promotes healthy lifestyles and prevents chronic diseases 626 and disabilities caused by chronic diseases. The program must 627 address preventable chronic disease risk factors, such as being 628 overweight or obese, physical inactivity, poor diet and 629 nutrition habits, sun exposure, poor oral hygiene, and other 630 practices that are detrimental to health, in order to decrease 631 the incidence of arthritis, cancer, diabetes, heart disease, 632 lung disease, including chronic obstructive pulmonary disease 633 and asthma, stroke, and other chronic diseases. The state-level 634 program must include, but is not limited to: 635 (1) Monitoring specific causal and behavioral risk factors 636 that affect the health of residents of this state. 637 (2) Analyzing data regarding chronic disease mortality and 638 morbidity to track changes. 639 (3) Disseminating educational materials and information 640 concerning evidence-based results, available services, and 641 pertinent new research findings and prevention strategies to 642 patients, health insurers, health professionals, and the public. 643 (4) Increasing awareness among state and local officials 644 involved in health and human services, health professionals and 645 providers, and policymakers regarding evidence-based chronic 646 disease prevention, treatment strategies, and benefits for 647 persons who have chronic diseases. 648 (5) Developing a partnership with state and local 649 governments, voluntary health organizations, hospitals, health 650 insurers, universities, medical centers, faith-based 651 organizations, employer groups, private companies, and health 652 care providers to address the issue of chronic diseases in this 653 state. 654 (6) Evaluating the quality and accessibility of existing 655 community-based services for persons who have chronic diseases. 656 (7) Implementing and coordinating state-level policies in 657 order to reduce the impact of chronic diseases. 658 (8) Maximizing all local, state, and federal funding 659 sources, including seeking grants, public-private partnerships, 660 and other mechanisms, to strengthen the department’s programs 661 that promote physical activity and nutrition. 662 (9) Providing lasting improvements in the delivery of 663 health care for individuals who have chronic diseases and their 664 families, thus improving their quality of life while also 665 containing health care costs. 666 Section 16. Section 385.1035, Florida Statutes, is created 667 to read: 668 385.1035 Community-level program for chronic disease 669 prevention and health promotion.—The department shall develop 670 and implement a comprehensive, community-level program for 671 chronic disease prevention and health promotion. The program 672 shall be designed to reduce major behavioral risk factors 673 associated with chronic diseases by enhancing knowledge, skills, 674 motivation, and opportunities to enable individuals, 675 organizations, health care providers, small businesses, health 676 insurers, and communities to develop and maintain healthy 677 lifestyles. A community-level program for chronic disease 678 prevention and health promotion must include, but is not limited 679 to: 680 (1) The employment of skilled staff who are trained in 681 public health, community health, or school health education to 682 facilitate the operation of the program. 683 (2) A method of soliciting community input into the 684 planning, implementation, and evaluation processes. 685 (3) The use of local and statewide data as a basis for 686 decisionmaking and the development and prioritization of 687 community-based interventions focused on the risk factors 688 associated with chronic diseases. 689 (4) The development and implementation of interventions and 690 activities through community organizations, schools, worksites, 691 faith-based organizations, and health care settings. 692 (5) The use of evidence-based interventions as well as best 693 and promising practices. 694 (6) The use of policy changes, system changes, and 695 environmental changes that support healthy behaviors in order to 696 affect large segments of the population and encourage healthy 697 choices. 698 Section 17. Section 385.104, Florida Statutes, is created 699 to read: 700 385.104 Physical activity, obesity prevention, nutrition, 701 and other health-promotion services and wellness programs.— 702 (1) PHYSICAL ACTIVITY.—The department shall promote 703 programs for people at every stage of their lives to increase 704 physical fitness and encourage healthy behavior changes by: 705 (a) Working with school health advisory committees in each 706 school district as established in s. 381.0056 to encourage the 707 physical activity of students, staff, and teachers. 708 (b) Developing public and private partnerships that allow 709 the public to easily access recreational facilities and public 710 land areas that are suitable for physical activity. 711 (c) Collaborating with the Department of Education in 712 recognizing nationally accepted best practices for improving 713 physical education in schools. 714 (2) OBESITY PREVENTION.—The department shall promote 715 healthy lifestyles to reduce the rate of obesity and encourage 716 weight control and weight reduction through programs that are 717 directed towards all residents of this state by: 718 (a) Using all appropriate media to promote maximum public 719 awareness of the latest research on healthy lifestyles and 720 chronic diseases and disseminating relevant information relating 721 to wellness, physical activity, and nutrition and the effect of 722 these factors on chronic diseases and disabling conditions 723 through a statewide clearinghouse. 724 (b) Providing technical assistance, training, and resources 725 on healthy lifestyles and chronic diseases to the public, health 726 care providers, school districts, and other persons or entities, 727 including faith-based organizations, that request such 728 assistance to promote physical activity, nutrition, and healthy 729 lifestyle programs. 730 (c) Developing, implementing, and using all available 731 research methods to collect data, including, but not limited to, 732 population-specific data, and tracking the incidence and effects 733 of weight gain, obesity, and related chronic diseases. All 734 research conducted under this paragraph is subject to review and 735 approval as required by the department’s Institutional Review 736 Board under s. 381.86. 737 (d) Entering into partnerships with the Department of 738 Education, local communities, school districts, and other 739 entities to encourage schools in the state to promote activities 740 during and after school to help students meet a minimum goal of 741 30 minutes of physical fitness activities per day. 742 (e) Collaborating with other state agencies to develop 743 policies and strategies for preventing and treating obesity, 744 which shall be incorporated into programs administered by each 745 agency and shall include promoting healthy lifestyles among the 746 employees of each agency. 747 (f) Advising, in accordance with s. 456.081, health care 748 practitioners about the morbidity, mortality, and costs 749 associated with being overweight or obese; informing 750 practitioners of promising clinical practices for preventing and 751 treating obesity; and encouraging practitioners to counsel their 752 patients regarding the adoption of healthy lifestyles. 753 (g) Maximizing all local, state, and federal funding 754 sources, including seeking grants, public-private partnerships, 755 and other mechanisms, to strengthen the department’s programs 756 that promote physical activity and nutrition. 757 (3) OTHER HEALTH PROMOTION SERVICES.—The department shall: 758 (a) Promote personal responsibility by encouraging 759 residents of this state to be informed, follow health 760 recommendations, seek medical consultations and health 761 assessments, and comply with medical guidelines, including those 762 that lead to earlier detection of chronic diseases, in order to 763 prevent chronic diseases or slow the progression of established 764 chronic diseases. 765 (b) Promote regular health visits during a person’s 766 lifetime, including annual physical examinations that include 767 measuring body mass index and vital signs, blood work, 768 immunizations, screenings, and dental examinations, in order to 769 reduce the financial, social, and personal burden of chronic 770 disease. 771 (4) WELLNESS PROGRAMS.— 772 (a) Each state agency may conduct employee wellness 773 programs in buildings and on lands owned or leased by the state. 774 The department shall serve as a model for the development and 775 implementation of employee wellness programs that may include 776 physical fitness, healthy nutrition, self-management of disease, 777 wellness and fitness education, and behavioral change elements. 778 The department shall assist other state agencies in developing 779 and implementing employee wellness programs. These programs 780 shall use existing resources, facilities, and programs or 781 resources procured through grant funding and donations that are 782 obtained in accordance with state ethics and procurement 783 policies, and shall provide equal access to any such programs, 784 resources, and facilities to all state employees. 785 (b) The department shall coordinate its efforts with the 786 Department of Management Services and other state agencies. 787 (c) Each state agency may establish an employee wellness 788 workgroup to design the agency’s wellness program. The 789 department shall provide policy guidance and assist in 790 identifying effective wellness program strategies. 791 (d) The department shall provide by rule requirements for 792 nominal participation fees, when applicable, which may not 793 exceed the department’s actual costs, collaboration with 794 businesses, and the procurement of equipment and incentives. 795 Section 18. Section 385.202, Florida Statutes, is amended 796 to read: 797 385.202 Statewide cancer registry.— 798 (1) Each facility, laboratory, or practitioner licensed 799 under chapter 395, chapter 458, chapter 459, chapter 464, 800 chapter 483, or chapter 485, and each freestanding radiation 801 therapy center as defined in s. 408.07, shall report to the 802 departmentof Health suchinformation, specified by the 803 department, by rule. The department may adopt rules regarding 804 reporting requirements for the statewide cancer registry, which 805 shall include the data required, the timeframe for reporting, 806 and those professionals who are responsible for ensuring 807 compliance with reporting requirements, which indicates808diagnosis, stage of disease, medical history, laboratory data,809tissue diagnosis, and radiation, surgical, or other methods of810diagnosis or treatment for each cancer diagnosed or treated by811the facility or center.Failure to comply with this requirement812may be cause for registration or licensure suspension or813revocation.814 (2) The department shall establish, or cause to have 815 established, by contract with a recognized medical organization 816 in this state and its affiliated institutions, a statewide 817 cancer registry program to ensure that cancer reports required 818 under this section shall be maintained and available for use in 819 the course of public health surveillance and any study for the 820 purpose of reducing morbidity or mortality; and no liability of 821 any kind or character for damages or other relief shall arise or 822 be enforced against any facility, laboratory, or practitioner 823hospitalby reason of having provided such information or 824 material to the department. 825 (3) The department or a contractual designee operating the 826 statewide cancer registry program required by this section shall 827 use or publish suchsaidmaterial only for the purpose of public 828 health surveillance and advancing medical research or medical 829 education in the interest of reducing morbidity or mortality, 830 except that a summary of such studies may be released for 831 general publication. Information which discloses or could lead 832 to the disclosure of the identity of any person whose condition 833 or treatment has been reported and studied shall be confidential 834 and exempt from the provisions of s. 119.07(1), except that: 835 (a) Release may be made with the written consent of all 836 persons to whom the information applies; 837 (b) The department or a contractual designee may contact 838 individuals for the purpose of epidemiologic investigation and 839 monitoring, provided information that is confidential under this 840 section is not further disclosed; or 841 (c) The department may exchange personal data with any 842 other governmental agency or a contractual designee for the 843 purpose of public health surveillance and medical or scientific 844 research if, providedsuch governmental agency or contractual 845 designee doesshallnot further disclose information that is 846 confidential under this section. 847 (4) Funds appropriated for this section shall be used for 848 establishing, administering, compiling, processing, and 849 providing biometric and statistical analyses to the reporting 850 facilities, laboratories, and practitioners. Funds may also be 851 used to ensure the quality and accuracy of the information 852 reported and to provide management information to the reporting 853 facilities, laboratories, and practitioners. 854 (5) The department may adopt rules regarding the 855 classifications of, by rule, classifyfacilities, laboratories, 856 and practitioners that are responsible for making reports to the 857 statewide cancer registry, the content and frequency of the 858 reports, and the penalty for failure to comply with these 859 requirementsfor purposes of reports made to the cancer registry860and specify the content and frequency of the reports.In861classifying facilities, the department shall exempt certain862facilities from reporting cancer information that was previously863reported to the department or retrieved from existing state864reports made to the department or the Agency for Health Care865Administration.The provisions ofThis section doesshallnot 866 apply to any facility whose primary function is to provide 867 psychiatric care to its patients. 868 (6) Notwithstanding subsection (1), each facility, 869 laboratory, and practitioner that reports cancer cases to the 870 department must make their records available for onsite review 871 by the department or its authorized representative. 872 Section 19. Subsection (9) of section 409.904, Florida 873 Statutes, is amended to read: 874 409.904 Optional payments for eligible persons.—The agency 875 may make payments for medical assistance and related services on 876 behalf of the following persons who are determined to be 877 eligible subject to the income, assets, and categorical 878 eligibility tests set forth in federal and state law. Payment on 879 behalf of these Medicaid eligible persons is subject to the 880 availability of moneys and any limitations established by the 881 General Appropriations Act or chapter 216. 882 (9) Eligible women with incomes at or below 200 percent of 883 the federal poverty level and under age 65, for cancer treatment 884 pursuant to the federal Breast and Cervical Cancer Prevention 885 and Treatment Act of 2000, screened through the Mary Brogan 886 Breast and Cervical Cancer Early Detection Program established 887 under s. 385.20253s.381.93. 888 Section 20. Section 381.0054, Florida Statutes, is 889 repealed. 890 Section 21. Section 381.732, Florida Statutes, is repealed. 891 Section 22. Section 381.733, Florida Statutes, is repealed. 892 Section 23. Section 381.734, Florida Statutes, is repealed. 893 Section 24. Section 381.87, Florida Statutes, is repealed. 894 Section 25. Section 385.103, Florida Statutes, is repealed. 895 Section 26. This act shall take effect July 1, 2012.