SENATE AMENDMENT
Bill No. CS for CS for CS for SB 564, SB 2120 & SB 2620
Amendment No. ___ Barcode 245946
CHAMBER ACTION
Senate House
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11 Senator Posey moved the following amendment:
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13 Senate Amendment
14 On page 28, line 3, through
15 page 29, line 2, delete those lines
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17 and insert:
18 b. Any health care provider licensed under chapter 458
19 or chapter 459 providing emergency services subject to the
20 immunity in s. 768.13(2)(b). Such health care provider shall
21 be considered an agent of the Department of Health for
22 purposes of immunity under s. 768.28, and shall indemnify the
23 state for any liabilities incurred up to the limits in this
24 chapter or the limits of available insurance coverage of the
25 health care provider, whichever is greater. Notwithstanding
26 the creation of the agency relationship in this section,
27 neither the state nor its applicable agency or subdivision may
28 control the provision of the emergency medical services
29 provided for herein. Claims may be settled and judgments
30 entered and satisfied up to the limits of the available
31 insurance coverage of the health care provider without the
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4:44 PM 04/22/03 s0564c3b-24c2h
SENATE AMENDMENT
Bill No. CS for CS for CS for SB 564, SB 2120 & SB 2620
Amendment No. ___ Barcode 245946
1 requirement of filing a claim bill. A health care provider
2 under this subparagraph does not include a licensed healthcare
3 practitioner who is providing emergency services to a person
4 with whom the practitioner has an established provider-patient
5 relationship outside of the emergency room setting. Notice
6 shall be given pursuant to the requirements of chapter 766 and
7 not pursuant to s. 768.28(6)(a). For purposes of this section,
8 available insurance coverage includes:
9 1. Commercial professional liability insurance;
10 2. Commercial self-insurance trust funds or other
11 self-insurance trust funds;
12 3. Medical malpractice self-insurance funds,
13 self-insurance risk retention groups, or deductibles;
14 4. Insurance obtained from a surplus lines insurer;
15 5. Joint Underwriting Association;
16 6. State established insurance funds;
17 7. Indemnity contracts;
18 8. Escrow accounts, bonds, or letters of credit; or
19 9. Any other program or entity which provides for the
20 payment of professional liability claims.
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