SENATE AMENDMENT
Bill No. CS for CS for CS for SB 564, SB 2120 & SB 2620
Amendment No. ___ Barcode 672306
CHAMBER ACTION
Senate House
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04/23/2003 02:11 PM .
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11 Senator Campbell moved the following amendment:
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13 Senate Amendment (with title 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 set forth in s. 768.13(2)(b). Such health care
21 provider shall be considered an agent of the Department of
22 Health for purposes of immunity under this section and shall
23 indemnify the state for any liabilities incurred up to the
24 limits set out in this chapter or the limits of available
25 insurance coverage of the health care provider, whichever is
26 greater. Notwithstanding the creation of the agency
27 relationship set forth in this section, neither the state nor
28 its applicable agency or subdivision shall have the control or
29 right to control the provision of the emergency medical
30 services provided for in this sub-subparagraph. Claims under
31 this section may be settled and judgments entered and
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3:37 PM 04/22/03 s0564c3c-32kK0
SENATE AMENDMENT
Bill No. CS for CS for CS for SB 564, SB 2120 & SB 2620
Amendment No. ___ Barcode 672306
1 satisfied up to the limits of the available insurance coverage
2 of the health care provider without the requirement of filing
3 a claim bill. A health care provider under this
4 sub-subparagraph does not include a licensed health care
5 practitioner who is providing emergency services to a person
6 with whom the practitioner has an established provider-patient
7 relationship outside of the emergency room setting. Notice
8 shall be given pursuant to the requirements of chapter 766 and
9 not in accordance with paragraph (6)(a). For purposes of this
10 section, available insurance coverage shall include, but not
11 be limited to:
12 1. Commercial professional liability insurance;
13 2. Commercial self-insurance trust funds or other
14 self-insurance trust funds;
15 3. Medical malpractice self-insurance funds,
16 self-insurance risk retention groups, or deductibles;
17 4. Insurance obtained from a surplus lines insurer;
18 5. Joint Unwriting Association;
19 6. State established insurance funds;
20 7. Indemnity contracts;
21 8. Escrow accounts, bonds, or letters of credit; or
22 9. Any other program or entity that provides for the
23 payment of professional liability claims.
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27 And the title is amended as follows:
28 On page 2, lines 18-20, delete those lines
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30 and insert:
31 the state when providing emergency services;
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3:37 PM 04/22/03 s0564c3c-32kK0
SENATE AMENDMENT
Bill No. CS for CS for CS for SB 564, SB 2120 & SB 2620
Amendment No. ___ Barcode 672306
1 providing exceptions; amending s. 768.77, F.S.;
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3:37 PM 04/22/03 s0564c3c-32kK0