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

House Bill 1643e1

CS/HB 1643, First Engrossed/ntc 1 A bill to be entitled 2 An act relating to health care; amending ss. 3 458.320 and 459.0085, F.S., relating to 4 financial responsibility of physicians and 5 osteopathic physicians; requiring the 6 Department of Health to suspend the license of 7 a physician or osteopathic physician pending 8 payment, up to the amounts required by the 9 applicable financial responsibility provision 10 of law, of any outstanding judgment, 11 arbitration award, other order, or settlement; 12 providing an effective date. 13 14 Be It Enacted by the Legislature of the State of Florida: 15 16 Section 1. Subsection (9) is added to section 458.320, 17 Florida Statutes, 1996 Supplement, to read: 18 458.320 Financial responsibility.-- 19 (9) Notwithstanding any provision of this section to 20 the contrary, if a physician has had entered against him or 21 her a final judgment, arbitration award, or other order or has 22 reached a settlement agreement to pay damages arising out of a 23 claim for medical malpractice, if all appellate remedies 24 related thereto have been exhausted, and if payment up to the 25 amounts required by this section is not made within 30 days 26 after the entering of such judgment, award, or order or after 27 the reaching of such agreement, the department shall suspend 28 the license of the physician until such time as proof of 29 payment is received by the department. This section shall not 30 apply to physicians who have meet the financial responsibility 31 requirements as set forth in s. 458.320(1)(b) and (2)(b). 1 CODING: Words stricken are deletions; words underlined are additions. CS/HB 1643, First Engrossed/ntc 1 Section 2. Subsection (10) is added to section 2 459.0085, Florida Statutes, 1996 Supplement, to read: 3 459.0085 Financial responsibility.-- 4 (10) Notwithstanding any provision of this section to 5 the contrary, if an osteopathic physician has had entered 6 against him or her a final judgment, arbitration award, or 7 other order or has reached a settlement agreement to pay 8 damages arising out of a claim for medical malpractice, if all 9 appellate remedies related thereto have been exhausted, and if 10 payment up to the amounts required by this section is not made 11 within 30 days after the entering of such judgment, award, or 12 order or after the reaching of such agreement, the department 13 shall suspend the license of the osteopathic physician until 14 such time as proof of payment is received by the department. 15 This section shall not apply to osteopaths who have meet the 16 financial responsibility requirements as set forth in s. 17 495.0085(1)(b) and (2)(b). 18 Section 3. This act shall take effect upon becoming a 19 law. 20 21 22 23 24 25 26 27 28 29 30 31 2