SENATE AMENDMENT
Bill No. SB 72-E
Amendment No. ___ Barcode 510462
CHAMBER ACTION
Senate House
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11 Senator Smith moved the following substitute for amendment
12 (441306):
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14 Senate Amendment (with title amendment)
15 On page 3, lines 19-27, delete those lines
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17 and insert:
18 Section 4. The amendments to sections 766.112(a) and
19 768.28(1) and (2) shall apply to causes of actions arising on
20 or after January 7, 2003.
21 Section 5. Subsections (9) and (10) are added to
22 section 766.302, Florida Statutes, to read:
23 766.302 Definitions; ss. 766.301-766.316.--As used in
24 ss. 766.301-766.316, the term:
25 (9) "Family member" means a father, mother, or legal
26 guardian.
27 (10) "Family residential or custodial care" means care
28 normally rendered by trained professional attendants which is
29 beyond the scope of child care duties, but which is provided
30 by family members. Family members who provide nonprofessional
31 residential or custodial care may not be compensated under
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SENATE AMENDMENT
Bill No. SB 72-E
Amendment No. ___ Barcode 510462
1 this act for care that falls within the scope of child care
2 duties and other services normally and gratuitously provided
3 by family members. Family residential or custodial care shall
4 be performed only at the direction and control of a physician
5 when such care is medically necessary. Reasonable charges for
6 expenses for family residential or custodial care provided by
7 a family member shall be determined as follows:
8 (a) If the family member is not employed, the per-hour
9 value equals the federal minimum hourly wage.
10 (b) If the family member is employed and elects to
11 leave that employment to provide such care, the per-hour value
12 of that care shall equal the rates established by Medicaid for
13 private-duty services provided by a home health aide. A family
14 member or a combination of family members providing care in
15 accordance with this definition may not be compensated for
16 more than a total of 10 hours per day. Family care is in lieu
17 of professional residential or custodial care, and no
18 professional residential or custodial care may be awarded for
19 the period of time during the day that family care is being
20 provided.
21 (c) The award of family residential or custodial care
22 as defined in this section shall not be included in the
23 current estimates for purposes of s. 766.314(9)(c).
24 Section 6. Paragraph (a) of subsection (1) of section
25 766.31, Florida Statutes, is amended to read:
26 766.31 Administrative law judge awards for
27 birth-related neurological injuries; notice of award.--
28 (1) Upon determining that an infant has sustained a
29 birth-related neurological injury and that obstetrical
30 services were delivered by a participating physician at the
31 birth, the administrative law judge shall make an award
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SENATE AMENDMENT
Bill No. SB 72-E
Amendment No. ___ Barcode 510462
1 providing compensation for the following items relative to
2 such injury:
3 (a) Actual expenses for medically necessary and
4 reasonable medical and hospital, habilitative and training,
5 family residential or custodial care, professional
6 residential, and custodial care and service, for medically
7 necessary drugs, special equipment, and facilities, and for
8 related travel. However, such expenses shall not include:
9 1. Expenses for items or services that the infant has
10 received, or is entitled to receive, under the laws of any
11 state or the Federal Government, except to the extent such
12 exclusion may be prohibited by federal law.
13 2. Expenses for items or services that the infant has
14 received, or is contractually entitled to receive, from any
15 prepaid health plan, health maintenance organization, or other
16 private insuring entity.
17 3. Expenses for which the infant has received
18 reimbursement, or for which the infant is entitled to receive
19 reimbursement, under the laws of any state or the Federal
20 Government, except to the extent such exclusion may be
21 prohibited by federal law.
22 4. Expenses for which the infant has received
23 reimbursement, or for which the infant is contractually
24 entitled to receive reimbursement, pursuant to the provisions
25 of any health or sickness insurance policy or other private
26 insurance program.
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28 Expenses included under this paragraph shall be limited to
29 reasonable charges prevailing in the same community for
30 similar treatment of injured persons when such treatment is
31 paid for by the injured person.
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SENATE AMENDMENT
Bill No. SB 72-E
Amendment No. ___ Barcode 510462
1 Section 7. Paragraph (c) of subsection (4) of section
2 766.314, Florida Statutes, is amended to read:
3 766.314 Assessments; plan of operation.--
4 (4) The following persons and entities shall pay into
5 the association an initial assessment in accordance with the
6 plan of operation:
7 (c) On or before December 1, 1988, each physician
8 licensed pursuant to chapter 458 or chapter 459 who wishes to
9 participate in the Florida Birth-Related Neurological Injury
10 Compensation Plan and who otherwise qualifies as a
11 participating physician under ss. 766.301-766.316 shall pay an
12 initial assessment of $5,000. However, if the physician is
13 either a resident physician, assistant resident physician, or
14 intern in an approved postgraduate training program, as
15 defined by the Board of Medicine or the Board of Osteopathic
16 Medicine by rule, and is supervised in accordance with program
17 requirements established by the Accreditation Council for
18 Graduate Medical Education by a physician who is participating
19 in the plan, such resident physician, assistant resident
20 physician, or intern is deemed to be a participating physician
21 without the payment of the assessment. Participating
22 physicians also include any employee of the Board of Regents
23 who has paid the assessment required by this paragraph and
24 paragraph (5)(a), and any certified nurse midwife supervised
25 by such employee. Participating physicians include any
26 certified nurse midwife who has paid 50 percent of the
27 physician assessment required by this paragraph and paragraph
28 (5)(a) and who is supervised by a participating physician who
29 has paid the assessment required by this paragraph and
30 paragraph (5)(a). Supervision for nurse midwives shall require
31 that the supervising physician will be easily available and
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SENATE AMENDMENT
Bill No. SB 72-E
Amendment No. ___ Barcode 510462
1 have a prearranged plan of treatment for specified patient
2 problems which the supervised certified nurse midwife or
3 physician may carry out in the absence of any complicating
4 features. Any physician who elects to participate in such
5 plan on or after January 1, 1989, who was not a participating
6 physician at the time of such election to participate and who
7 otherwise qualifies as a participating physician under ss.
8 766.301-766.316 shall pay an additional initial assessment
9 equal to the most recent assessment made pursuant to this
10 paragraph, paragraph (5)(a), or paragraph (7)(b).
11 Section 8. If any provision of this act or the
12 application thereof to any person or circumstance is held
13 invalid, the invalidity does not affect other provisions or
14 applications of this act which can be given effect without the
15 invalid provision or application, and to this end the
16 provisions of this act are declared severable.
17 Section 9. If any law that is amended by this act was
18 also amended by a law enacted at the 2002 Regular Session of
19 the Legislature, such laws shall be construed as if they had
20 been enacted at the same session of the Legislature, and full
21 effect should be given to each if that is possible.
22 Section 10. This act, except for this section and
23 sections 5, 6, 7, 8, and 9, which shall take effect upon
24 becoming a law, shall take effect January 7, 2003.
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28 And the title is amended as follows:
29 Delete everything before the enacting clause
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31 and insert:
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SENATE AMENDMENT
Bill No. SB 72-E
Amendment No. ___ Barcode 510462
1 A bill to be entitled
2 An act relating to liability; amending s.
3 766.112, F.S.; prescribing applicability of
4 provisions relating to comparative fault to
5 boards of trustees; amending s. 768.28, F.S.;
6 providing venue in actions brought against
7 boards of trustees; providing applicability of
8 provisions relating to waiver of sovereign
9 immunity to boards of trustees; amending s.
10 626.852, F.S.; providing inapplicability of
11 provisions relating to insurance adjusters to
12 employees and agents of a board of trustees;
13 amending s. 766.302, F.S.; defining the terms
14 "family member" and "family residential or
15 custodial care"; amending s. 766.31, F.S.;
16 authorizing compensation awards for
17 professional or family residential or custodial
18 care; amending s. 766.314, F.S.; revising
19 requirements for assessments used for certain
20 supervised personnel; providing for
21 severability; providing for construction of
22 laws enacted at the 2002 Regular Session in
23 relation to this act; providing an effective
24 date.
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