Bill Text: FL S1318 | 2021 | Regular Session | Introduced
Bill Title: Organ Donation and Transplantation
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2021-04-30 - Died in Appropriations Subcommittee on Health and Human Services [S1318 Detail]
Download: Florida-2021-S1318-Introduced.html
Florida Senate - 2021 SB 1318 By Senator Harrell 25-01319-21 20211318__ 1 A bill to be entitled 2 An act relating to organ donation and transplantation; 3 amending s. 379.352, F.S.; requiring locations where 4 certain recreational licenses or permits are sold to 5 display and make available to the public educational 6 materials relating to organ donation and registration; 7 requiring that a link to the statewide donor registry 8 be provided to persons applying for certain 9 recreational licenses or permits; amending s. 10 395.1055, F.S.; revising a provision relating to 11 certain rules adopted by the Agency for Health Care 12 Administration; amending s. 409.906, F.S.; authorizing 13 reimbursement for certain organ transplantation 14 services under the Medicaid program; amending s. 15 627.6045, F.S.; prohibiting a health insurance policy 16 from limiting or excluding coverage solely on the 17 basis that an insured is a living organ donor; 18 amending s. 765.5155, F.S.; revising the 19 responsibilities of a contractor procured by the 20 agency for the purpose of educating and informing the 21 public about anatomical gifts; amending s. 765.517, 22 F.S.; prohibiting an organ transplantation facility 23 from charging a donor or his or her family member any 24 fee for services relating to the procurement or 25 donation of organs; amending s. 765.521, F.S.; 26 revising the requirements for certain programs 27 encouraging anatomical gifts to include the process of 28 issuing and renewing recreational licenses and 29 permits; making technical changes; amending s. 30 765.522, F.S.; revising a requirement that the agency 31 establish rules and guidelines relating to the 32 education of certain individuals designated to perform 33 certain organ donation procedures; amending s. 34 765.543, F.S.; revising the duties of the Organ and 35 Tissue Procurement and Transplantation Advisory Board; 36 requiring the board to submit certain recommendations 37 to the agency by a specified date; amending s. 38 1003.42, F.S.; requiring instruction on organ donation 39 and registration for students in specified grade 40 levels; providing an effective date. 41 42 Be It Enacted by the Legislature of the State of Florida: 43 44 Section 1. Present subsections (13) and (14) of section 45 379.352, Florida Statutes, are redesignated as subsections (14) 46 and (15), respectively, and a new subsection (13) is added to 47 that section, to read: 48 379.352 Recreational licenses, permits, and authorization 49 numbers to take wild animal life, freshwater aquatic life, and 50 marine life; issuance; costs; reporting.— 51 (13) At each location where hunting, fishing, or trapping 52 licenses or permits are sold, educational materials regarding 53 organ donation and registration shall be displayed and made 54 available to the public. Each person who applies for a hunting, 55 fishing, or trapping license or permit on the Internet shall be 56 provided a link to the statewide donor registry operated under 57 s. 765.5155. 58 Section 2. Paragraph (i) of subsection (1) of section 59 395.1055, Florida Statutes, is amended to read: 60 395.1055 Rules and enforcement.— 61 (1) The agency shall adopt rules pursuant to ss. 120.536(1) 62 and 120.54 to implement the provisions of this part, which shall 63 include reasonable and fair minimum standards for ensuring that: 64 (i) All hospitals providing organ transplantation, neonatal 65 intensive care services, inpatient psychiatric services, 66 inpatient substance abuse services, or comprehensive medical 67 rehabilitation meet the minimum licensure requirements adopted 68 by the agency. Such licensure requirements must include quality 69 of care, nurse staffing, physician staffing, physical plant, 70 equipment, emergency transportation, and data reporting 71 standards. Agency rules must include minimum volume standards 72 for organ transplantation and neonatal intensive care services. 73 Section 3. Subsection (28) is added to section 409.906, 74 Florida Statutes, to read: 75 409.906 Optional Medicaid services.—Subject to specific 76 appropriations, the agency may make payments for services which 77 are optional to the state under Title XIX of the Social Security 78 Act and are furnished by Medicaid providers to recipients who 79 are determined to be eligible on the dates on which the services 80 were provided. Any optional service that is provided shall be 81 provided only when medically necessary and in accordance with 82 state and federal law. Optional services rendered by providers 83 in mobile units to Medicaid recipients may be restricted or 84 prohibited by the agency. Nothing in this section shall be 85 construed to prevent or limit the agency from adjusting fees, 86 reimbursement rates, lengths of stay, number of visits, or 87 number of services, or making any other adjustments necessary to 88 comply with the availability of moneys and any limitations or 89 directions provided for in the General Appropriations Act or 90 chapter 216. If necessary to safeguard the state’s systems of 91 providing services to elderly and disabled persons and subject 92 to the notice and review provisions of s. 216.177, the Governor 93 may direct the Agency for Health Care Administration to amend 94 the Medicaid state plan to delete the optional Medicaid service 95 known as “Intermediate Care Facilities for the Developmentally 96 Disabled.” Optional services may include: 97 (28) ORGAN TRANSPLANTATION SERVICES.—The agency may pay for 98 organ transplantation services, including pretransplant, 99 transplant, and postdischarge services, and treatment of 100 complications after transplantation for transplants deemed 101 necessary and appropriate within the guidelines set by the Organ 102 Transplant Advisory Council under s. 765.53 or the Bone Marrow 103 Transplant Advisory Panel under s. 627.4236. 104 Section 4. Present subsections (3) and (4) of section 105 627.6045, Florida Statutes, are redesignated as subsections (4) 106 and (5), respectively, and a new subsection (3) is added to that 107 section, to read: 108 627.6045 Preexisting condition.—A health insurance policy 109 must comply with the following: 110 (3) A preexisting condition provision may not limit or 111 exclude coverage solely on the basis that an insured is a living 112 organ donor. 113 Section 5. Paragraph (b) of subsection (3) of section 114 765.5155, Florida Statutes, is amended to read: 115 765.5155 Donor registry; education program.— 116 (3) The contractor shall be responsible for: 117 (b) A continuing program to educate and inform medical 118 professionals, law enforcement agencies and officers, other 119 state and local government employees, high school students, 120 minorities, and the public about federal and statethelawsof121this staterelating to anatomical gifts and the need for 122 anatomical gifts, including the organ donation and 123 transplantation process. 124 1. Existing community resources, when available, must be 125 used to support the program and volunteers may assist the 126 program to the maximum extent possible. 127 2. The contractor shall coordinate with the head of a state 128 agency or other political subdivision of the state, or his or 129 her designee, to establish convenient times, dates, and 130 locations for educating that entity’s employees. 131 3. The contractor shall, in consultation with the agency 132 and the State Board of Education, develop an instructional 133 curriculum for students in grades 9 through 12 relating to organ 134 donor registration. 135 Section 6. Subsection (4) of section 765.517, Florida 136 Statutes, is amended to read: 137 765.517 Rights and duties at death.— 138 (4) All reasonable additional expenses incurred in the 139 procedures to preserve the donor’s organs or tissues shall be 140 reimbursed by the procurement organization. An organ 141 transplantation facility may not charge a donor or his or her 142 family member any fee for services relating to the procurement 143 or donation of his or her organs. 144 Section 7. Section 765.521, Florida Statutes, is amended to 145 read: 146 765.521 Donations as part of driver license,or147 identification card, or recreational license and permit 148 process.— 149 (1) The agency and the department shall develop and 150 implement a program encouraging and allowing persons to make 151 anatomical gifts as a part of the process of issuing 152 identification cards,andissuing and renewing driver licenses, 153 and issuing and renewing recreational licenses and permits. The 154 donor registration card distributed by the department shall 155 include the information required by the uniform donor card under 156 s. 765.514 and such additional information as determined 157 necessary by the department. The department shall also develop 158 and implement a program to identify donors which includes 159 notations on identification cards, driver licenses,anddriver 160 records, and recreational licenses or permits or such other 161 methods as the department develops to clearly indicate the 162 individual’s intent to make an anatomical gift. A notation on an 163 individual’s driver license,oridentification card, or 164 recreational license or permit that the individual intends to 165 make an anatomical gift satisfies all requirements for consent 166 to organ or tissue donation. The agency shall provide the 167 necessary supplies and forms from funds appropriated from 168 general revenue or contributions from interested voluntary, 169 nonprofit organizations. The department shall provide the 170 necessary recordkeeping system from funds appropriated from 171 general revenue. The department and the agency shall incur no 172 liability in connection with the performance of any acts 173 authorized herein. 174 (2) The department shall maintain an integrated link on its 175 website which refersreferringa visitor renewing a driver 176 license or recreational license or permit or conducting other 177 business to the donor registry operated under s. 765.5155. 178 (3) The department, after consultation with and concurrence 179 by the agency, shall adopt rules to implementthe provisions of180 this section in accordance withaccording to the provisions of181 chapter 120. 182 (4) The agency may not use funds appropriated for patient 183 careFunds expended by the agencyto carry out the intent of 184 this sectionmay not be taken from funds appropriated for185patient care. 186 Section 8. Subsection (3) of section 765.522, Florida 187 Statutes, is amended to read: 188 765.522 Duty of hospital administrators; liability of 189 hospital administrators and procurement organizations.— 190 (3) The agency shall establish rules and guidelines 191 concerning the education of individuals who may be designated to 192 perform the request and the procedures to be used in making the 193 request, including a requirement that such individuals clearly 194 explain to patients and living organ donors the protocols of the 195 hospital and the federal and state laws regarding organ 196 donation. The agency is authorized to adopt rules concerning the 197 documentation of the request, where such request is made. 198 Section 9. Subsection (3) of section 765.543, Florida 199 Statutes, is amended to read: 200 765.543 Organ and Tissue Procurement and Transplantation 201 Advisory Board; creation; duties.— 202 (3)(a) The board shall do all of the following: 203 1.(a)Assist the agency, in collaboration with other 204 relevant public or private entities, in the development of 205 necessary professional qualifications, including, but not 206 limited to, the continuing education, training, and performance 207 of licensed health care practitioners and other persons engaged 208 in the various facets of organ and tissue procurement, 209 processing, preservation, and distribution for transplantation.;210 2.(b)Assist the agency in monitoring the appropriate and 211 legitimate expenses associated with organ and tissue 212 procurement, processing, and distribution for transplantation 213 and developing methodologies to assure the uniform statewide 214 reporting of data to facilitate the accurate and timely 215 evaluation of the organ and tissue procurement and 216 transplantation system.;217 3.(c)Provide assistance to the Florida Medical Examiners 218 Commission in the development of appropriate procedures and 219 protocols to ensure the continued improvement in the approval 220 and release of potential donors by the district medical 221 examiners and associate medical examiners.;222 4.(d)Develop with and recommend to the agency the 223 necessary procedures and protocols required to assure that all 224 residents of this state have reasonable access to available 225 organ and tissue transplantation therapy and that residents of 226 this state can be reasonably assured that the statewide 227 procurement transplantation system is able to fulfill their 228 organ and tissue requirements within the limits of the available 229 supply and according to the severity of their medical condition 230 and need.; and231 5.(e)Develop with and recommend to the agency any changes 232 to the laws of this state or administrative rules or procedures 233 to ensure that the statewide organ and tissue procurement and 234 transplantation system is able to function smoothly, 235 effectively, and efficiently, in accordance with the Federal 236 Anatomical Gift Act and in a manner that assures the residents 237 of this state that no person or entity profits from the 238 altruistic voluntary donation of organs or tissues. 239 (b) In addition to the duties described in paragraph (a), 240 the board must submit to the agency, by September 1, 2022, 241 recommendations that address all of the following: 242 1. Frequency of communication between patients and organ 243 transplant coordinators. 244 2. Monitoring of each organ transplantation facility and 245 the annual reporting and publication of relevant information 246 regarding the statewide number of patients placed on waiting 247 lists and the number of patients who receive transplants, 248 aggregated by facility. 249 3. Establishment of a coordinated communication system 250 between organ transplantation facilities and living organ donors 251 for the purpose of minimizing the cost and time required for 252 duplicative lab tests, including the sharing of lab results 253 between facilities. 254 4. Potential incentives for organ transplantation 255 facilities to increase organ donation in this state. 256 5. Creation of a more efficient regional or statewide 257 living organ donor process. 258 6. Potential opportunities and incentives for organ 259 transplantation research. 260 7. Best practices for organ transplantation facilities and 261 organ procurement organizations which promote the most efficient 262 and effective outcomes for patients. 263 8. Monitoring of organ procurement organizations. 264 Section 10. Paragraph (u) is added to subsection (2) of 265 section 1003.42, Florida Statutes, to read: 266 1003.42 Required instruction.— 267 (2) Members of the instructional staff of the public 268 schools, subject to the rules of the State Board of Education 269 and the district school board, shall teach efficiently and 270 faithfully, using the books and materials required that meet the 271 highest standards for professionalism and historical accuracy, 272 following the prescribed courses of study, and employing 273 approved methods of instruction, the following: 274 (u) For students in grades 9 through 12, organ donor 275 registration. 276 277 The State Board of Education is encouraged to adopt standards 278 and pursue assessment of the requirements of this subsection. A 279 character development program that incorporates the values of 280 the recipients of the Congressional Medal of Honor and that is 281 offered as part of a social studies, English Language Arts, or 282 other schoolwide character building and veteran awareness 283 initiative meets the requirements of paragraphs (s) and (t). 284 Section 11. This act shall take effect July 1, 2021.