1 | A bill to be entitled |
2 | An act relating to community behavioral health agencies; |
3 | creating s. 624.4624, F.S.; authorizing certain nonprofit |
4 | community mental health or substance abuse providers to |
5 | form a self-insurance fund for certain purposes; providing |
6 | operating requirements of the self-insurance fund; |
7 | providing certain application exceptions for such fund; |
8 | amending s. 768.28, F.S.; providing that certain providers |
9 | or vendors acting contractually on behalf of the |
10 | Department of Children and Family Services, and their |
11 | employees and agents, are agents of the state for purposes |
12 | of waiver of sovereign immunity in tort actions under |
13 | certain circumstances; requiring contracts to provide for |
14 | indemnification of the state by such agents for certain |
15 | liabilities up to certain limits; providing that such |
16 | persons are not employees or agents for purposes of |
17 | workers' compensation; providing an effective date. |
18 |
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19 | Be It Enacted by the Legislature of the State of Florida: |
20 |
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21 | Section 1. Section 624.4624, Florida Statutes, is created |
22 | to read: |
23 | 624.4624 Nonprofit community mental health and substance |
24 | abuse provider self-insurance fund.-- |
25 | (1) Notwithstanding any other provisions of law, any two |
26 | or more nonprofit community mental health or substance abuse |
27 | providers, which are members in good standing of the Florida |
28 | Council for Community Mental Health or the Florida Council for |
29 | Behavioral Healthcare and are located in this state, may form a |
30 | self-insurance fund for the purpose of pooling and spreading |
31 | liabilities of its group members in any property or casualty |
32 | risk or surety insurance or securing the payment of benefits |
33 | under chapter 440, provided the nonprofit community mental |
34 | health and substance abuse provider self-insurance fund created |
35 | must: |
36 | (a) Have annual normal premiums in excess of $5 million. |
37 | (b) Maintain a continuing program of excess insurance |
38 | coverage and reserve evaluation to protect the financial |
39 | stability of the fund in an amount and manner determined by a |
40 | qualified and independent actuary. |
41 | (c) Submit to the office annually an audited fiscal year- |
42 | end financial statement by an independent certified public |
43 | accountant within 6 months after the end of the fiscal year. |
44 | (d) Have a governing body which is comprised entirely of |
45 | community mental health and substance abuse provider officials. |
46 | (2) A nonprofit community mental health and substance |
47 | abuse provider self-insurance fund that meets the requirements |
48 | of this section is not subject to s. 624.4621 and is not |
49 | required to file any report with the department under s. |
50 | 440.38(2)(b) required of group self-insurer funds qualified |
51 | under s. 624.4621. If any of the requirements of this section |
52 | are not met, the nonprofit mental health and substance abuse |
53 | provider self-insurance fund is subject to the requirements of |
54 | s. 624.4621. |
55 | Section 2. Subsection (21) is added to section 768.28, |
56 | Florida Statutes, to read: |
57 | 768.28 Waiver of sovereign immunity in tort actions; |
58 | recovery limits; limitation on attorney fees; statute of |
59 | limitations; exclusions; indemnification; risk management |
60 | programs.-- |
61 | (21)(a) Solely with respect to services to individuals in |
62 | need of detoxification and services through an addictions |
63 | receiving facility under chapter 397 or mental health services |
64 | under chapter 394, providers or vendors, or any of their |
65 | employees or agents, that have contractually agreed to act on |
66 | behalf of the state as agents of the Department of Children and |
67 | Family Services to provide such services are agents of the state |
68 | for purposes of this section while acting within the scope of |
69 | and pursuant to guidelines established in the contract or by |
70 | rule. A contract must provide for the indemnification of the |
71 | state by the agent for any liabilities incurred up to the limits |
72 | set out in this chapter. |
73 | (b) This subsection does not designate a person who |
74 | provides contracted services to the Department of Children and |
75 | Family Services as an employee or agent of the state for |
76 | purposes of chapter 440. |
77 | Section 3. This act shall take effect July 1, 2005. |