HB 1443

1
A bill to be entitled
2An act relating to medical malpractice; amending s.
3395.0191, F.S.; requiring certain licensed health care
4facilities to require licensed doctors of medicine and
5doctors of osteopathic medicine on staff or with staff
6privileges at the facility to comply with financial
7responsibility requirements; requiring a facility to be
8responsible for meeting those requirements with respect to
9a claim against such a professional who fails to comply
10with the financial responsibility provisions; providing
11for indemnification; creating s. 627.41485, F.S.;
12prohibiting the issuance of medical malpractice liability
13insurance policies that only cover legal defense costs of
14medical negligence or medical malpractice claims; allowing
15such coverage when the insured has met financial
16responsibility requirements by insurance, an escrow
17account, or a letter of credit; specifying procedures and
18exceptions; providing effective dates.
19
20Be It Enacted by the Legislature of the State of Florida:
21
22     Section 1.  Subsection (11) is added to section 395.0191,
23Florida Statutes, to read:
24     395.0191  Staff membership and clinical privileges.--
25     (11)  Each licensed facility shall be responsible for
26ensuring that each physician licensed under chapter 458 or
27osteopathic physician licensed under chapter 459 who is on the
28facility staff or who has been granted clinical privileges at
29the facility complies with the financial responsibility
30requirements applicable to such physician at all times while he
31or she is a member of the staff or has clinical privileges in
32effect at the facility. In the event of a claim against such a
33physician arising out of the rendering of, or the failure to
34render, professional care or services at the facility, if the
35physician is not in compliance with the financial responsibility
36requirements with respect to the claim, the facility shall be
37responsible for meeting the financial responsibility
38requirements applicable to the physician under his or her
39licensing statute. A physician to whom this subsection applies
40shall indemnify a licensed facility for any judgments,
41settlement costs, or other liabilities incurred by the licensed
42facility pursuant to this subsection.
43     Section 2.  Effective upon becoming a law and applicable to
44contracts entered into, issued, or renewed on or after that
45date, section 627.41485, Florida Statutes, is created to read:
46     627.41485  Medical malpractice legal defense coverage;
47prohibited issue.--
48     (1)  It shall be contrary to public policy in this state
49for any insurer to issue legal defense coverage for the purpose
50of providing legal defense services in conjunction with a claim
51for medical negligence or medical malpractice under any theory
52of law to a physician licensed under chapter 458 or osteopathic
53physician licensed under chapter 459, unless, at the time such
54coverage is issued, such physician has complied with the
55financial responsibility requirements in accordance with one of
56the following methods in the per claim amount applicable to him
57or her:
58     (a)  Establishing and maintaining an escrow account in
59accordance with s. 458.320(1)(a) or (2)(a) or s. 459.0085(1)(a)
60or (2)(a);
61     (b)  Maintaining professional liability coverage in
62accordance with s. 458.320(1)(b) or (2)(b) or s. 459.0085(1)(b)
63or (2)(b); or
64     (c)  Obtaining and maintaining an unexpired, irrevocable
65letter of credit in accordance with s. 458.320(1)(c) or (2)(c)
66or s. 459.0085(1)(c) or (2)(c);
67
68unless such physician or osteopathic physician is otherwise
69exempt from the financial responsibility requirements as stated
70in s. 458.320(5)(a), (b), (c), or (e) or s. 459.0085(5)(a), (b),
71(c), or (e).
72     (2)  The required financial responsibility must be in
73effect at the time any legal defense coverage is issued by the
74insurer or invoked by the physician or osteopathic physician and
75must remain in effect throughout the period of legal
76representation provided under such legal defense coverage.
77     (3)  In the event a physician or osteopathic physician
78fails to maintain financial responsibility as required by this
79section for purposes of purchasing legal defense coverage, such
80coverage shall be null and void and such insurer shall not be
81liable for providing legal defense services.
82     (4)  Any insurer issuing legal defense coverage in
83accordance with this section shall require a physician or
84osteopathic physician to show proof that he or she has financial
85responsibility in accordance with subsection (1) prior to any
86coverage being issued to such physician or osteopathic
87physician. Such physician or osteopathic physician shall also
88notify the insurer of any change in the status of his or her
89financial responsibility.
90     (5)  Any insurer who has issued legal defense coverage in
91accordance with this section shall require a physician or
92osteopathic physician to show proof that he or she has financial
93responsibility before providing legal defense services.
94     (6)  It is a violation of this code for any insurer to
95issue or provide legal defense coverage to any physician or
96osteopathic physician licensed in this state in contravention of
97this section.
98     (7)  This section shall not be construed to prohibit the
99issuance of professional liability coverage for medical
100malpractice or medical negligence that includes legal defense
101coverage in conjunction with indemnity.
102     (8)  This section shall not be construed to prohibit the
103issuance of legal defense coverage to any physician or
104osteopathic physician for purposes of the defense of any
105disciplinary, administrative, contractual, or criminal action
106brought by any federal or state regulatory board or agency, or
107public or private entity, including, but not limited to, any
108health care provider, health plan, or health insurer.
109     Section 3.  Except as otherwise expressly provided in this
110act, this act shall take effect July 1, 2008.


CODING: Words stricken are deletions; words underlined are additions.