| 1 | A bill to be entitled |
| 2 | An act relating to long-term care; amending s. 400.141, |
| 3 | F.S.; requiring licensed nursing home facilities to |
| 4 | satisfy specified financial responsibilities relating to |
| 5 | liability insurance coverage; providing application; |
| 6 | providing an effective date. |
| 7 |
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| 8 | Be It Enacted by the Legislature of the State of Florida: |
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| 10 | Section 1. Subsection (20) of section 400.141, Florida |
| 11 | Statutes, is amended to read: |
| 12 | 400.141 Administration and management of nursing home |
| 13 | facilities.--Every licensed facility shall comply with all |
| 14 | applicable standards and rules of the agency and shall: |
| 15 | (20) Maintain general and professional liability insurance |
| 16 | coverage that is in force at all times. Any general and |
| 17 | professional liability insurance coverage that provides for the |
| 18 | payment of legal costs or attorney's fees for the defense of any |
| 19 | claim against a nursing home facility pursuant to the common |
| 20 | law, s. 400.023, or s. 400.0233 as a deduction from the limits |
| 21 | of the liability coverage contained in the policy or in any way |
| 22 | reduces the limits of the liability coverage available under the |
| 23 | policy for a settlement or judgment by any amount attributable |
| 24 | to legal costs or attorney's fees incurred during the course of |
| 25 | the defense of the nursing home facility does not fulfill the |
| 26 | insurance requirement of this subsection. In lieu of general and |
| 27 | professional liability insurance coverage, a state-designated |
| 28 | teaching nursing home and its affiliated assisted living |
| 29 | facilities created under s. 430.80 may demonstrate proof of |
| 30 | financial responsibility as provided in s. 430.80(3)(h). |
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| 32 | Facilities that have been awarded a Gold Seal under the program |
| 33 | established in s. 400.235 may develop a plan to provide |
| 34 | certified nursing assistant training as prescribed by federal |
| 35 | regulations and state rules and may apply to the agency for |
| 36 | approval of their program. |
| 37 | Section 2. This act shall take effect July 1, 2009, and |
| 38 | shall apply to all policies issued or renewed on or after that |
| 39 | date. |