Senate Bill sb0182c1

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    Florida Senate - 2005                            CS for SB 182

    By the Committee on Children and Families; and Senator Lynn





    586-2126-05

  1                      A bill to be entitled

  2         An act relating to community behavioral health

  3         agencies; creating s. 394.9085, F.S.; providing

  4         that certain facilities or programs defined in

  5         chs. 394 and 397, F.S., have liability limits

  6         in tort actions under certain circumstances;

  7         limiting net economic damages allowed per

  8         claim; requiring that damages be offset by

  9         collateral source payment in accordance with s.

10         768.76, F.S.; providing for claims bills to be

11         filed with the Legislature; requiring that

12         costs to defend actions be assumed by the

13         provider or its insurer; specifying occasions

14         that immunities enjoyed by the provider extend

15         to the employee; requiring that providers

16         obtain and maintain specified liability

17         coverage; specifying that persons providing

18         contractual services to the state are not

19         considered agents or employees under ch. 490,

20         F.S.; providing for an annual increase in the

21         conditional limitations on damages; providing

22         an effective date.

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

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26         Section 1.  Section 394.9085, Florida Statutes, is

27  created to read:

28         394.9085  Behavioral provider liability.--

29         (1)  In any tort action based on services provided for

30  crisis stabilization brought against a detoxification program

31  as defined in s. 397.311(18)(b), an addictions receiving

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    Florida Senate - 2005                            CS for SB 182
    586-2126-05




 1  facility as defined in s. 397.311(18)(a), or a designated

 2  public receiving facility as defined in s. 394.455(26), net

 3  economic damages shall be limited to $1 million per liability

 4  claim, including, but not limited to, past and future medical

 5  expenses, wage loss, and loss of earning capacity, offset by

 6  any collateral source payment paid in accordance with s.

 7  768.76. In any tort action based on services provided for

 8  crisis stabilization brought against any detoxification

 9  program as defined in s. 397.311(18)(b), an addictions

10  receiving facility as defined in s. 397.311(18)(a), or a

11  designated public receiving facility as defined in s.

12  394.455(26), noneconomic damages shall be limited to $200,000

13  per claim. Any claim may be settled up to policy limits

14  without further act of the Legislature. A claims bill may be

15  brought on behalf of a claimant pursuant to s. 768.28 for any

16  amount exceeding the limits specified in this subsection. Any

17  costs in defending actions brought under this section shall be

18  assumed by the provider or its insurer.

19         (2)  The liability of a detoxification program as

20  defined in s. 397.311(18)(b), an addictions receiving facility

21  as defined in s. 397.311(18)(a), or any designated public

22  receiving facility as defined in s. 394.455(26) shall be

23  exclusive and in place of all other liability of such

24  provider. The same immunities from liability enjoyed by such

25  providers shall extend as well to each employee of the

26  provider when such employee is acting in furtherance of the

27  provider's responsibilities under its contract with the

28  department. Such immunities shall not be applicable to a

29  provider or employee who acts in a culpably negligent manner

30  or with willful and wanton disregard or unprovoked physical

31  aggression when such acts result in injury or death.

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    Florida Senate - 2005                            CS for SB 182
    586-2126-05




 1         (3)  The eligible provider under this section must, as

 2  part of its contract, obtain and maintain a minimum of $1

 3  million per claim and $3 million per incident in general

 4  liability coverage.

 5         (4)  This section does not designate a person who

 6  provides contracted services to the Department of Children and

 7  Family Services as an employee or agent of the state for

 8  purposes of ch. 440.

 9         (5)  The Legislature is cognizant of the increasing

10  costs of goods and services each year and recognizes that

11  fixing a set amount of compensation actually has the effect of

12  a reduction in compensation each year. Accordingly, the

13  conditional limitations on damages in this section shall be

14  increased at the rate of 5 percent each year, prorated from

15  the July 1, 2005, to the date at which damages subject to such

16  limitations are awarded by final judgment or settlement.

17         Section 2.  This act shall take effect July 1, 2005.

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    Florida Senate - 2005                            CS for SB 182
    586-2126-05




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 182

 3                                 

 4  Removes the provisions amending s. 768.28, F.S., and instead
    creates s. 394.90085, F.S.
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    Removes the provision designating certain substance abuse
 6  treatment providers as agents of the state for the purposes of
    sovereign immunity.
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    Takes out the provision granting substance abuse provider
 8  immunity for publicly funded services.

 9  Eliminates the requirement that contracts provide for the
    indemnification of the state by the agent for liabilities
10  incurred up to the limits set out in law.

11  Provides that facilities or programs defined in s.
    397.311(18)(b), s.397.311(18)(a), and s. 394.455(26), F.S.,
12  shall have specified liability limits in tort actions that are
    based on services for crisis stabilization.
13  
    Specifies that damages awarded must be offset by any
14  collateral source payment paid in accordance with s. 768.76,
    F.S.
15  
    Requires that the costs of defending actions brought under
16  this section must be assumed by the provider or its insurer.

17  Specifies that immunities enjoyed by the provider extend to
    employees under certain conditions.
18  
    Provides that, as a part of the contract, providers must
19  obtain and maintain a specified amount of general liability
    coverage.
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    Specifies that limitations on damages specified by this act
21  shall be increased at the rate of five percent each year.

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