SENATE AMENDMENT
    Bill No. CS for CS for CS for SB 564, SB 2120 & SB 2620
    Amendment No. ___   Barcode 961840
                            CHAMBER ACTION
              Senate                               House
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       04/23/2003 01:28 PM         .                    
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11  Senator Aronberg moved the following amendment to amendment
12  (414042):
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14         Senate Amendment (with title amendment) 
15         On page 3, line 16,
16  
17  insert:  
18         Section 18.  Section 766.1105, Florida Statutes, is
19  created to read:
20         766.1105  Immunity not applicable.--The immunity,
21  liability limits, and provisions for claims bills set forth in
22  s. 766.110, shall not apply, nor may they be asserted as a
23  defense to causes of action for medical malpractice with
24  respect to any private hospital corporation or health care
25  provider where either of the following has occurred:
26         (1)  The hospital or health care provider has pled
27  guilty or has pled in avoidance or otherwise averted
28  allegations of or has been found to have violated any civil or
29  criminal state or federal law pertaining to Medicaid or
30  Medicare fraud within the 5-year period preceding the date the
31  medical malpractice cause of action accrued; or
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    9:26 AM   04/23/03                              s0564c3c-2720a


                                                  SENATE AMENDMENT
    Bill No. CS for CS for CS for SB 564, SB 2120 & SB 2620
    Amendment No. ___   Barcode 961840
 1         (2)  The hospital or health care provider entered into
 2  a settlement agreement with the state or the Federal
 3  Government pertaining to allegations of Medicaid or Medicare
 4  fraud within the 5-year period preceding the date the medical
 5  malpractice cause of action accrued.
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 7  The hospital or health care providers cannot assert any claim
 8  of confidentiality or privilege for settlement or pleading to
 9  any allegation of fraud and must, in response to a request by
10  the plaintiff or plaintiff's counsel, produce within 30 days
11  of such request all such agreements or settlements as to
12  allegations of criminal or civil fraud actions.
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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 3, line 31, following the semicolon
18  
19  insert:
20         creating s. 766.1105, F.S.; providing that
21         immunity, liability limits, and provisions for
22         claims bills shall not apply or be asserted as
23         a defense under certain circumstances;
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    9:26 AM   04/23/03                              s0564c3c-2720a