HB 0031B 2003
1	A bill to be entitled
2	An act relating to providers of emergency medical
3	services and care; providing legislative findings and
4	intent; amending s. 768.28, F.S.; revising the definition
5	of "officer, employee, or agent" to include providers of
6	emergency medical services and care for purposes of
7	limitation of liability in tort under certain
8	circumstances; providing that providers of emergency
9	medical services and care are deemed agents of the
10	Department of Health for certain purposes; requiring such
11	providers to indemnify the state for certain reasonable
12	defense and indemnity costs within certain limitations;
13	specifying certain persons as providers of emergency
14	medical services and care; defining emergency medical
15	services; providing for construction of the act in pari
16	materia with laws enacted during the 2003 Regular Session
17	or the 2003 Special Session A of the Legislature;
18	providing application; providing an effective date.
19
20	Be It Enacted by the Legislature of the State of Florida:
21
22	Section 1. The Legislature finds and declares it to be of
23	vital importance that emergency services and care be provided by
24	hospitals, physicians, and emergency medical services providers
25	to every person in need of such care. The Legislature finds that
26	providers of emergency medical services and care are critical
27	elements in responding to disaster and emergency situations that
28	might affect our local communities, state, and country. The
29	Legislature recognizes the importance of maintaining a viable
30	system of providing for the emergency medical needs of residents
31	of this state and visitors to this state. The Legislature and
32	the Federal Government have required such providers of emergency
33	medical services and care to provide emergency services and care
34	to all persons who present themselves to hospitals seeking such
35	care. The Legislature has further mandated that prehospital
36	emergency medical treatment or transport may not be denied by
37	emergency medical services providers to persons who have or are
38	likely to have an emergency medical condition. Such governmental
39	requirements have imposed a unilateral obligation for providers
40	of emergency medical services and care to provide services to
41	all persons seeking emergency care without ensuring payment or
42	other consideration for provision of such care. The Legislature
43	also recognizes that providers of emergency medical services and
44	care provide a significant amount of uncompensated emergency
45	medical care in furtherance of such governmental interest. A
46	significant proportion of the residents of this state who are
47	uninsured or are Medicaid or Medicare recipients are unable to
48	access needed health care because health care providers fear the
49	increased risk of medical malpractice liability. Such patients,
50	in order to obtain medical care, are frequently forced to seek
51	care through providers of emergency medical services and care.
52	Providers of emergency medical services and care in this state
53	have reported significant problems with both the availability
54	and affordability of professional liability coverage. Medical
55	malpractice liability insurance premiums have increased
56	dramatically and a number of insurers have ceased providing
57	medical malpractice coverage for emergency medical services and
58	care in this state. This results in a functional unavailability
59	of malpractice coverage for some providers of emergency medical
60	services and care. The Legislature further finds that certain
61	specialist physicians have resigned from serving on hospital
62	staffs or have otherwise declined to provide on-call coverage to
63	hospital emergency departments due to increased medical
64	malpractice liability exposure created by treating such
65	emergency department patients. It is the intent of the
66	Legislature that hospitals, emergency medical services
67	providers, and physicians be able to ensure that patients who
68	might need emergency medical services treatment or
69	transportation or who present themselves to hospitals for
70	emergency medical services and care have access to such needed
71	services.
72	Section 2. Paragraph (b) of subsection (9) of section
73	768.28, Florida Statutes, is amended to read:
74	768.28 Waiver of sovereign immunity in tort actions;
75	recovery limits; limitation on attorney fees; statute of
76	limitations; exclusions; indemnification; risk management
77	programs.--
78	(9)
79	(b) As used in this subsection, the term:
80	1. "Employee" includes any volunteer firefighter.
81	2. "Officer, employee, or agent" includes, but is not
82	limited to:,
83	a.Any health care provider when providing services
84	pursuant to s. 766.1115, any member of the Florida Health
85	Services Corps, as defined in s. 381.0302, who provides
86	uncompensated care to medically indigent persons referred by the
87	Department of Health, and any public defender or her or his
88	employee or agent, including, among others, an assistant public
89	defender and an investigator.
90	b. Any provider of emergency medical services and care
91	acting pursuant to obligations imposed by s. 395.1041, s.
92	395.401, or s. 401.45. Except for persons or entities that are
93	otherwise covered under this section, providers of emergency
94	medical services and care shall be considered agents of the
95	Department of Health and shall indemnify the state for the
96	reasonable costs of defense and indemnity payments, if any, up
97	to the liability limits set forth in this chapter. For purposes
98	of this sub-subparagraph:
99	(I) The term “provider of emergency medical services and
100	care” means all persons and entities covered under or providing
101	services pursuant to obligations imposed by s. 395.1041, s.
102	395.401, or s. 401.45, including, but not limited to:
103	(A) An emergency medical services provider licensed under
104	part III of chapter 401 and persons operating as employees or
105	agents of such provider or an emergency medical technician or
106	paramedic certified under part III of chapter 401.
107	(B) A hospital licensed under chapter 395 and persons
108	operating as employees or agents of such hospital.
109	(C) A physician licensed under chapter 458, chapter 459,
110	chapter 460, or chapter 461 or a dentist licensed under chapter
111	466.
112	(D) A physician assistant licensed under chapter 458 or
113	chapter 459.
114	(E) A registered nurse, nurse midwife, licensed practical
115	nurse, or advanced registered nurse practitioner licensed or
116	registered under part I of chapter 464.
117	(F) A midwife licensed under chapter 467.
118	(G) A health care professional association and employees
119	or agents of the association or a corporate medical group and
120	employees or agents of such group.
121	(H) Any student or medical resident who is enrolled in an
122	accredited program or licensed program that prepares the student
123	for licensure or certification in any one of the professions
124	listed in sub-sub-sub-subparagraphs (C)-(G), the program that
125	prepares the student for licensure or certification, and the
126	entity responsible for the training of the student or medical
127	resident.
128	(I) Any other person or entity that provides services
129	pursuant to obligations imposed by s. 395.1041, s. 395.401, or
130	s. 401.45.
131	(II) “Emergency medical services” means ambulance
132	assessment, treatment, or transport services provided pursuant
133	to obligations imposed by s. 395.1041 or s. 401.45; all
134	screening, examination, and evaluation performed by a physician,
135	hospital, or other person or entity acting pursuant to
136	obligations imposed by s. 395.1041 or s. 395.401; and any care,
137	treatment, surgery, or other medical services provided, as
138	outpatient or inpatient, to relieve or eliminate an emergency
139	medical condition, including all medical services to eliminate
140	the likelihood that the emergency medical condition will
141	deteriorate or recur without further medical attention within a
142	reasonable period of time.
143	Section 3. If any law amended by this act was also amended
144	by a law enacted at the 2003 Regular Session of the Legislature
145	or at the 2003 Special Session A of the Legislature, such laws
146	shall be construed as if they had been enacted at the same
147	session of the Legislature, and full effect shall be given to
148	each if possible.
149	Section 4. This act shall take effect upon becoming a law
150	and applies to any cause of action filed on or after that date.