SENATE AMENDMENT

    Bill No. CS for SB 994

    Amendment No.    

                            CHAMBER ACTION
              Senate                               House
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11  Senator Geller moved the following amendment:

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13         Senate Amendment (with title amendment) 

14         On page 6, between lines 18 and 19,

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16  insert:

17         Section 6.  Subsection (1) of section 627.912, Florida

18  Statutes, is amended, and subsection (5) is added to that

19  section, to read:

20         627.912  Professional liability claims and actions;

21  reports by insurers.--

22         (1)  Each self-insurer authorized under s. 627.357 and

23  each insurer or joint underwriting association providing

24  professional liability insurance to a practitioner of medicine

25  licensed under chapter 458, to a practitioner of osteopathic

26  medicine licensed under chapter 459, to a podiatrist licensed

27  under chapter 461, to a dentist licensed under chapter 466, to

28  a hospital licensed under chapter 395, to a crisis

29  stabilization unit licensed under part IV of chapter 394, to a

30  health maintenance organization certificated under part I of

31  chapter 641, to clinics included in chapter 390, to an

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 994

    Amendment No.    





 1  ambulatory surgical center as defined in s. 395.002, or to a

 2  member of The Florida Bar shall report in duplicate to the

 3  Department of Insurance any claim or action for damages for

 4  personal injuries claimed to have been caused by error,

 5  omission, or negligence in the performance of such insured's

 6  professional services or based on a claimed performance of

 7  professional services without consent, if the claim resulted

 8  in:

 9         (a)  A final judgment in any amount.

10         (b)  A settlement in any amount.

11         (c)  A final disposition not resulting in payment on

12  behalf of the insured.

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14  Reports shall be filed with the department and, if the insured

15  party is licensed under chapter 458, chapter 459, chapter 461,

16  or chapter 466, with the Agency for Health Care

17  Administration, no later than 30 days following the occurrence

18  of any event listed in paragraph (a) or, paragraph (b), or

19  paragraph (c). The Agency for Health Care Administration shall

20  review each report and determine whether any of the incidents

21  that resulted in the claim potentially involved conduct by the

22  licensee that is subject to disciplinary action, in which case

23  the provisions of s. 455.225 shall apply. The Agency for

24  Health Care Administration, as part of the annual report

25  required by s. 455.2285, shall publish annual statistics,

26  without identifying licensees, on the reports it receives,

27  including final action taken on such reports by the agency or

28  the appropriate regulatory board.

29         (5)  Any self-insurance program established under s.

30  240.213 shall report in duplicate to the Department of

31  Insurance any claim or action for damages for personal

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 994

    Amendment No.    





 1  injuries claimed to have been caused by error, omission, or

 2  negligence in the performance of professional services

 3  provided by the Board of Regents through an employee or agent

 4  of the Board of Regents, including practitioners of medicine

 5  licensed under chapter 458, practitioners of osteopathic

 6  medicine licensed under chapter 459, podiatrists licensed

 7  under chapter 461, and dentists licensed under chapter 466, or

 8  based on a claimed performance of professional services

 9  without consent if the claim resulted in a final judgment in

10  any amount, or a settlement in any amount. The reports

11  required by this subsection shall contain the information

12  required by subsection (3) and the name, address, and

13  specialty of the employee or agent of the Board of Regents

14  whose performance or professional services is alleged in the

15  claim or action to have caused personal injury.

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17  (Redesignate subsequent sections.)

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19

20  ================ T I T L E   A M E N D M E N T ===============

21  And the title is amended as follows:

22         On page 1, line 20, after the semicolon,

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24  insert:

25         amending s. 627.912, F.S.; revising reporting

26         requirements by certain insurers; requiring

27         certain self-insurers to report certain

28         information to the Department of Insurance;

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