SENATE AMENDMENT

    Bill No. CS for SB 1356

    Amendment No. 2

                            CHAMBER ACTION
              Senate                               House
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11  The Committee on Health, Aging and Long-Term Care recommended

12  the following amendment:

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14         Senate Amendment (with title amendment) 

15         On page 7, lines 7-13, delete those lines

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17  and insert:

18         (10)  Any health care entity that provides school

19  health services under contract with the department pursuant to

20  a school health services plan developed under this section,

21  and as part of a school nurse services public-private

22  partnership, is deemed to be a corporation acting primarily as

23  an instrumentality of the state solely for the purpose of

24  limiting liability pursuant to s. 768.28(5). The limitations

25  on tort actions contained in s. 768.28(5) shall apply to any

26  action against the entity with respect to the provision of

27  school health services, if the entity is acting within the

28  scope of and pursuant to guidelines established in the

29  contract or by rule of the department. The contract must

30  require the entity, or the partnership on behalf of the

31  entity, to obtain general liability insurance coverage, with

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    4:28 PM   04/20/99                                 s1356.hc.02




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1356

    Amendment No. 2





 1  any additional endorsement necessary to insure the entity for

 2  liability assumed by its contract with the department. The

 3  Legislature intends that insurance be purchased by entities,

 4  or by partnerships on behalf of the entity, to cover all

 5  liability claims, and under no circumstances shall the state

 6  or the department be responsible for payment of any claims or

 7  defense costs for claims brought against the entity or its

 8  subcontractor for services performed under the contract with

 9  the department. This subsection does not preclude

10  consideration by the Legislature for payment by the state of

11  any claims bill involving an entity contracting with the

12  department pursuant to this section.

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

16  And the title is amended as follows:

17         On page 1, lines 7-10, delete those lines

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19  and insert:

20         plan; providing that certain entities providing

21         school health services under contract with the

22         Department of Health are instrumentalities of

23         the state for certain purposes; providing

24         limitations on tort actions; requiring such

25         contractor to require providers to obtain

26         certain liability insurance coverage; creating

27         s. 381.0058, F.S., relating

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    4:28 PM   04/20/99                                 s1356.hc.02