| 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. |