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HB 15-C: Medical Incidents

GENERAL BILL by Goodlette ; (CO-INTRODUCERS) Bense ; Davis

Medical Incidents; provides for setoff of amounts received by claimant in settlements; increases amount of paid liability claims requiring investigation by Health Dept.; provides additional requirements for medical malpractice insurance rate filings; creates Health Care Professional Liability Insurance Facility; provides limitations on noneconomic damages which can be awarded in causes of action involving medical negligence, etc. Amends FS.

Effective Date: Upon becoming law except as otherwise provided
Last Action: 7/21/2003 Senate - Died in Messages, Link/Iden/Sim/Compare passed, refer to CS/SB 2-D (Ch. 2003-416)
Bill Text: Web Page | PDF

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  • Bill History

    Date Chamber Action
    7/9/2003 House • Filed; Introduced, placed on Calendar -HJ 00003
    7/10/2003 House • Read second time -HJ 00007; Amendment(s) adopted -HJ 00009; Amendment(s) failed -HJ 00009; Read third time -HJ 00010; Passed as amended; YEAS 81 NAYS 22 -HJ 00010
    7/10/2003 Senate • In Messages
    7/21/2003 Senate • Died in Messages, Link/Iden/Sim/Compare passed, refer to CS/SB 2-D (Ch. 2003-416)

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  • HB 15-C, Engrossed 1 (Current Bill Version) Posted 7/11/2003 at 12:52 PM

    Bill Text:   Web Page | PDF
    Analyses:   None

    Related Bills (3)

    Bill Number Subject Filed By Relationship Last Action and Location
    H 11C Public Records & Meetings Exemptions Goodlette Linked Last Action: 7/21/2003 S Died in Messages
    Location:
    S 2C (c1) Medical Malpractice Jones Similar Last Action: 7/21/2003 H Died in Messages, Link/Iden/Sim/Compare passed, refer to CS/SB 2-D (Ch. 2003-416)
    Location:
    H 19C Medical Malpractice Ambler Compare Last Action: 7/21/2003 H Died, not introduced, Link/Iden/Sim/Compare passed, refer to CS/SB 2-D (Ch. 2003-416)
    Location:

    Citations - Statutes (70)

    Citation Catchline Location in Bill Location In Bill Help
    46.015 Release of parties.
    391.025 Applicability and scope.
    391.029 Program eligibility.
    395.0056
    395.0191 Staff membership and clinical privileges.
    395.0197 Internal risk management program.
    395.0198 Notification of adverse incident; public records exemption.
    395.1012
    395.1051
    415.1111 Civil actions.
    456.013 Department; general licensing provisions.
    456.025 Fees; receipts; disposition.
    456.039 Designated health care professionals; information required for licensure.
    456.041 Practitioner profile; creation.
    456.042 Practitioner profiles; update.
    456.049 Health care practitioners; reports on professional liability claims and actions.
    456.051 Reports of professional liability actions; bankruptcies; Department of Health's responsibility to provide.
    456.057 Ownership and control of patient records; report or copies of records to be furnished.
    456.0575
    456.072 Grounds for discipline; penalties; enforcement.
    456.073 Disciplinary proceedings.
    456.077 Authority to issue citations.
    456.078 Mediation.
    458.320 Financial responsibility.
    458.331 Grounds for disciplinary action; action by the board and department.
    458.3311
    459.0085 Financial responsibility.
    459.015 Grounds for disciplinary action; action by the board and department.
    459.0151
    460.413 Grounds for disciplinary action; action by board or department.
    461.013 Grounds for disciplinary action; action by the board; investigations by department.
    466.028 Grounds for disciplinary action; action by the board.
    624.155 Civil remedy.
    624.462 Commercial self-insurance funds.
    624.488 Applicability of related laws.
    627.062 Rate standards.
    627.357 Medical malpractice self-insurance.
    627.3575
    627.4147 Medical malpractice insurance contracts.
    627.912 Professional liability claims and actions; reports by insurers.
    627.9121
    628.6016 Applicability of related laws.
    631.717 Powers and duties of the association.
    641.19 Definitions.
    641.51 Quality assurance program; second medical opinion requirement.
    766.102 Medical negligence; standards of recovery.
    766.106 Notice before filing action for medical malpractice; presuit screening period; offers for admission of liability and for arbitration; informal discovery; review.
    766.1065
    766.1067
    766.112 Comparative fault.
    766.118
    766.202 Definitions; ss. 766.201-766.212.
    766.203 Presuit investigation of medical negligence claims and defenses by prospective parties.
    766.206 Presuit investigation of medical negligence claims and defenses by court.
    766.207 Voluntary binding arbitration of medical negligence claims.
    766.209 Effects of failure to offer or accept voluntary binding arbitration.
    766.213
    766.304 Administrative law judge to determine claims.
    766.305 Filing of claims and responses; medical disciplinary review.
    766.31 Administrative law judge awards for birth-related neurological injuries; notice of award.
    766.314 Assessments; plan of operation.
    768.041 Release or covenant not to sue.
    768.13 Good Samaritan Act; immunity from civil liability.
    768.28 Waiver of sovereign immunity in tort actions; recovery limits; limitation on attorney fees; statute of limitations; exclusions; indemnification; risk management programs.
    768.77 Itemized verdict.
    768.78 Alternative methods of payment of damage awards.
    768.81 Comparative fault.
    1004.08
    1005.07
    1006.20 Athletics in public K-12 schools.

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  • HB 15-C, Original Filed Version Posted 7/10/2003 at 9:03 AM

    Bill Text:   Web Page | PDF
    Analyses:   None

    Committee Amendments (2)

    Amendment Sponsor Filed Last Committee Action Format
    293217 - Technical Amendment
    7/10/2003
    11:51 AM
    Web Page
    PDF
    198405 - Technical Amendment
    7/10/2003
    1:08 PM
    Web Page
    PDF

    Floor Amendments (7)

    Amendment Sponsor Filed Last Floor Action Format
    192453 - Amendment
    Simmons 7/10/2003
    12:08 PM
    Web Page
    PDF
    019931 - Amendment
    Simmons 7/10/2003
    12:08 PM
    Web Page
    PDF
    954571 - Amendment
    Simmons 7/10/2003
    12:09 PM
    Web Page
    PDF
    646255 - Amendment
    Ryan 7/10/2003
    12:34 PM
    Web Page
    PDF
    024213 - Amendment
    Sobel 7/10/2003
    12:34 PM
    Web Page
    PDF
    571387 - Amendment
    Ryan 7/10/2003
    12:35 PM
    Web Page
    PDF
    747115 - Amendment
    Gelber 7/10/2003
    1:06 PM
    Web Page
    PDF

    Floor Votes (1)

    Date Chamber Result
    7/10/2003 5:08 PM House 81 Yeas - 22 Nays

    Citations - Statutes (70)

    Citation Catchline Location in Bill Location In Bill Help
    46.015 Release of parties.
    391.025 Applicability and scope.
    391.029 Program eligibility.
    395.0056
    395.0191 Staff membership and clinical privileges.
    395.0197 Internal risk management program.
    395.0198 Notification of adverse incident; public records exemption.
    395.1012
    395.1051
    415.1111 Civil actions.
    456.013 Department; general licensing provisions.
    456.025 Fees; receipts; disposition.
    456.039 Designated health care professionals; information required for licensure.
    456.041 Practitioner profile; creation.
    456.042 Practitioner profiles; update.
    456.049 Health care practitioners; reports on professional liability claims and actions.
    456.051 Reports of professional liability actions; bankruptcies; Department of Health's responsibility to provide.
    456.057 Ownership and control of patient records; report or copies of records to be furnished.
    456.0575
    456.072 Grounds for discipline; penalties; enforcement.
    456.073 Disciplinary proceedings.
    456.077 Authority to issue citations.
    456.078 Mediation.
    458.320 Financial responsibility.
    458.331 Grounds for disciplinary action; action by the board and department.
    458.3311
    459.0085 Financial responsibility.
    459.015 Grounds for disciplinary action; action by the board and department.
    459.0151
    460.413 Grounds for disciplinary action; action by board or department.
    461.013 Grounds for disciplinary action; action by the board; investigations by department.
    466.028 Grounds for disciplinary action; action by the board.
    624.155 Civil remedy.
    624.462 Commercial self-insurance funds.
    624.488 Applicability of related laws.
    627.062 Rate standards.
    627.357 Medical malpractice self-insurance.
    627.3575
    627.4147 Medical malpractice insurance contracts.
    627.912 Professional liability claims and actions; reports by insurers.
    627.9121
    628.6016 Applicability of related laws.
    631.717 Powers and duties of the association.
    641.19 Definitions.
    641.51 Quality assurance program; second medical opinion requirement.
    766.102 Medical negligence; standards of recovery.
    766.106 Notice before filing action for medical malpractice; presuit screening period; offers for admission of liability and for arbitration; informal discovery; review.
    766.1065
    766.1067
    766.112 Comparative fault.
    766.118
    766.202 Definitions; ss. 766.201-766.212.
    766.203 Presuit investigation of medical negligence claims and defenses by prospective parties.
    766.206 Presuit investigation of medical negligence claims and defenses by court.
    766.207 Voluntary binding arbitration of medical negligence claims.
    766.209 Effects of failure to offer or accept voluntary binding arbitration.
    766.213
    766.304 Administrative law judge to determine claims.
    766.305 Filing of claims and responses; medical disciplinary review.
    766.31 Administrative law judge awards for birth-related neurological injuries; notice of award.
    766.314 Assessments; plan of operation.
    768.041 Release or covenant not to sue.
    768.13 Good Samaritan Act; immunity from civil liability.
    768.28 Waiver of sovereign immunity in tort actions; recovery limits; limitation on attorney fees; statute of limitations; exclusions; indemnification; risk management programs.
    768.77 Itemized verdict.
    768.78 Alternative methods of payment of damage awards.
    768.81 Comparative fault.
    1004.08
    1005.07
    1006.20 Athletics in public K-12 schools.

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