Senate Bill sb2948

    Florida Senate - 2004                                  SB 2948

    By Senator Margolis





    35-1792-04

  1                      A bill to be entitled

  2         An act relating to sovereign immunity;

  3         providing sovereign immunity to certain

  4         colleges, universities, and medical schools

  5         that provide patient services to

  6         publicly-funded patients in public hospitals

  7         and to the employees of those entities;

  8         providing definitions; providing an effective

  9         date.

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11  Be It Enacted by the Legislature of the State of Florida:

12  

13         Section 1.  (1)  A not-for-profit college, university,

14  or medical school that is accredited by an accrediting body

15  recognized by this state as a condition for licensure of its

16  graduates is deemed a state agency, as defined in section

17  768.28(2), Florida Statutes, for purposes of the sovereign

18  immunity granted to state agencies by that section. The

19  college, university, or medical school and its employees who

20  provide patient services to publicly-funded patients in public

21  hospitals or other health care facilities that are owned, used

22  by, or under contract with a governmental entity, pursuant to

23  an affiliation agreement or contract, have all the exemptions

24  from civil liability which are granted to the state by section

25  768.28, Florida Statutes.

26         (2)  As used in this section, the term:

27         (a)  "Employee" includes a faculty member,

28  practitioner, other health care professional, ancillary

29  caregiver, or other employee that provides patient services.

30         (b)  "Patient services" means comprehensive health care

31  services and related administrative services; supervision of

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                                  SB 2948
    35-1792-04




 1  interns, residents, and fellows providing patient services;

 2  and participation in medical research protocols.

 3         (c)  "Public hospital" means a statutory teaching

 4  hospital or other health care facility that is owned, used by,

 5  or under contract by the state or a county, municipality,

 6  public authority, special taxing district with health care

 7  responsibilities, or other local governmental entity.

 8         (d)  "Publicly-funded patient" means a patient who is

 9  uninsured, underinsured, indigent, or insured through a

10  government program, including Medicaid, Medicare, KidCare, or

11  Healthy Kids, or whose medical expenses are not paid or

12  reimbursed through private insurance or funds and who requires

13  the expenditure of governmental funds to pay for any part of

14  the medical services the patient receives.

15         Section 2.  This act shall take effect July 1, 2004.

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18                          SENATE SUMMARY

19    Provides sovereign immunity to certain colleges,
      universities, and medical schools and their employees who
20    provide patient services to publicly-funded patients in
      public hospitals.
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CODING: Words stricken are deletions; words underlined are additions.