HOUSE AMENDMENT Bill No. HB 63B
1	CHAMBER ACTION
2	Senate House
3	.
4	.
5	.
6
7
8
9
10
11
12	Representative Green offered the following:
13
14	Amendment (with title amendment)
15	Between line 2510 and 2511, insert:
16	Section 55. The Legislature finds and declares it to be of
17	vital importance that emergency services and care be provided by
18	hospitals, physicians, and emergency medical services providers
19	to every person in need of such care. The Legislature finds that
20	providers of emergency medical services and care are critical
21	elements in responding to disaster and emergency situations that
22	might affect our local communities, state, and country. The
23	Legislature recognizes the importance of maintaining a viable
24	system of providing for the emergency medical needs of residents
25	of this state and visitors to this state. The Legislature and
26	the Federal Government have required such providers of emergency
27	medical services and care to provide emergency services and care
28	to all persons who present themselves to hospitals seeking such
29	care. The Legislature has further mandated that prehospital
30	emergency medical treatment or transport may not be denied by
31	emergency medical services providers to persons who have or are
32	likely to have an emergency medical condition. Such governmental
33	requirements have imposed a unilateral obligation for providers
34	of emergency medical services and care to provide services to
35	all persons seeking emergency care without ensuring payment or
36	other consideration for provision of such care. The Legislature
37	also recognizes that providers of emergency medical services and
38	care provide a significant amount of uncompensated emergency
39	medical care in furtherance of such governmental interest. A
40	significant proportion of the residents of this state who are
41	uninsured or are Medicaid or Medicare recipients are unable to
42	access needed health care because health care providers fear the
43	increased risk of medical malpractice liability. Such patients,
44	in order to obtain medical care, are frequently forced to seek
45	care through providers of emergency medical services and care.
46	Providers of emergency medical services and care in this state
47	have reported significant problems with both the availability
48	and affordability of professional liability coverage. Medical
49	malpractice liability insurance premiums have increased
50	dramatically and a number of insurers have ceased providing
51	medical malpractice coverage for emergency medical services and
52	care in this state. This results in a functional unavailability
53	of malpractice coverage for some providers of emergency medical
54	services and care. The Legislature further finds that certain
55	specialist physicians have resigned from serving on hospital
56	staffs or have otherwise declined to provide on-call coverage to
57	hospital emergency departments due to increased medical
58	malpractice liability exposure created by treating such
59	emergency department patients. It is the intent of the
60	Legislature that hospitals, emergency medical services
61	providers, and physicians be able to ensure that patients who
62	might need emergency medical services treatment or
63	transportation or who present themselves to hospitals for
64	emergency medical services and care have access to such needed
65	services.
66	Section 56. Paragraph (b) of subsection (9) of section
67	768.28, Florida Statutes, is amended to read:
68	768.28 Waiver of sovereign immunity in tort actions;
69	recovery limits; limitation on attorney fees; statute of
70	limitations; exclusions; indemnification; risk management
71	programs.--
72	(9)
73	(b) As used in this subsection, the term:
74	1. "Employee" includes any volunteer firefighter.
75	2. "Officer, employee, or agent" includes, but is not
76	limited to:,
77	a.Any health care provider when providing services
78	pursuant to s. 766.1115, any member of the Florida Health
79	Services Corps, as defined in s. 381.0302, who provides
80	uncompensated care to medically indigent persons referred by the
81	Department of Health, and any public defender or her or his
82	employee or agent, including, among others, an assistant public
83	defender and an investigator.
84	b. Any provider of emergency medical services and care
85	acting pursuant to obligations imposed by s. 395.1041, s.
86	395.401, or s. 401.45. Except for persons or entities that are
87	otherwise covered under this section, providers of emergency
88	medical services and care shall be considered agents of the
89	Department of Health and shall indemnify the state for the
90	reasonable costs of defense and indemnity payments, if any, up
91	to the liability limits set forth in this chapter. For purposes
92	of this sub-subparagraph:
93	(I) The term "provider of emergency medical services and
94	care" means all persons and entities covered under or providing
95	services pursuant to obligations imposed by s. 395.1041, s.
96	395.401, or s. 401.45, including, but not limited to:
97	(A) An emergency medical services provider licensed under
98	part III of chapter 401 and persons operating as employees or
99	agents of such provider or an emergency medical technician or
100	paramedic certified under part III of chapter 401.
101	(B) A hospital licensed under chapter 395 and persons
102	operating as employees or agents of such hospital.
103	(C) A physician licensed under chapter 458, chapter 459,
104	chapter 460, or chapter 461 or a dentist licensed under chapter
105	466.
106	(D) A physician assistant licensed under chapter 458 or
107	chapter 459.
108	(E) A registered nurse, nurse midwife, licensed practical
109	nurse, or advanced registered nurse practitioner licensed or
110	registered under part I of chapter 464.
111	(F) A midwife licensed under chapter 467.
112	(G) A health care professional association and employees
113	or agents of the association or a corporate medical group and
114	employees or agents of such group.
115	(H) Any student or medical resident who is enrolled in an
116	accredited program or licensed program that prepares the student
117	for licensure or certification in any one of the professions
118	listed in sub-sub-sub-subparagraphs (C)-(G), the program that
119	prepares the student for licensure or certification, and the
120	entity responsible for the training of the student or medical
121	resident.
122	(I) Any other person or entity that provides services
123	pursuant to obligations imposed by s. 395.1041, s. 395.401, or
124	s. 401.45.
125	(II) The term "emergency medical services" means ambulance
126	assessment, treatment, or transport services provided pursuant
127	to obligations imposed by s. 395.1041 or s. 401.45; all
128	screening, examination, and evaluation performed by a physician,
129	hospital, or other person or entity acting pursuant to
130	obligations imposed by s. 395.1041 or s. 395.401; and any care,
131	treatment, surgery, or other medical services provided, as
132	outpatient or inpatient, to relieve or eliminate an emergency
133	medical condition, including all medical services to eliminate
134	the likelihood that the emergency medical condition will
135	deteriorate or recur without further medical attention within a
136	reasonable period of time.
137
138	================= T I T L E A M E N D M E N T =================
139	Remove line 215, and insert:
140	1, 2004; providing legislative findings and intent; amending s.
141	768.28, F.S.; revising the definition of the term "officer,
142	employee, or agent" to include providers of emergency medical
143	services and care for purposes of limitation of liability in
144	tort under certain circumstances; providing that providers of
145	emergency medical services and care are deemed agents of the
146	Department of Health for certain purposes; requiring such
147	providers to indemnify the state for certain reasonable defense
148	and indemnity costs within certain limitations; specifying
149	certain persons as providers of emergency medical services and
150	care; defining emergency medical services; providing
151	severability; providing for