1 | The Health Care Appropriations Committee recommends the |
2 | following: |
3 |
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4 | Council/Committee Substitute |
5 | Remove the entire bill and insert: |
6 | A bill to be entitled |
7 | An act relating to community behavioral health agencies; |
8 | creating s. 624.4624, F.S.; authorizing certain nonprofit |
9 | community mental health or substance abuse providers to |
10 | form a self-insurance fund for certain purposes; providing |
11 | operating requirements of the self-insurance fund; |
12 | providing certain application exceptions for such fund; |
13 | requiring certain funds to initially be organized and |
14 | operate as a commercial self-insurance fund for a time |
15 | certain; requiring certain self-insurance funds to comply |
16 | with certain annual financial statement requirements for a |
17 | time certain; proscribing certain self-insurance funds |
18 | from being considered insurers for certain purposes; |
19 | amending s. 768.28, F.S.; providing that certain providers |
20 | or vendors acting contractually on behalf of the |
21 | Department of Children and Family Services, and their |
22 | employees and agents, are agents of the state for purposes |
23 | of waiver of sovereign immunity in tort actions under |
24 | certain circumstances; requiring contracts to provide for |
25 | indemnification of the state by such agents for certain |
26 | liabilities up to certain limits; providing that such |
27 | persons are not employees or agents for purposes of |
28 | workers' compensation; restricting application; requiring |
29 | certain providers designated as agents of the state to |
30 | reimburse the state for certain costs; providing penalties |
31 | for noncompliance; providing for continuing liability for |
32 | certain amounts under certain circumstances; providing an |
33 | effective date. |
34 |
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35 | Be It Enacted by the Legislature of the State of Florida: |
36 |
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37 | Section 1. Section 624.4624, Florida Statutes, is created |
38 | to read: |
39 | 624.4624 Nonprofit community mental health and substance |
40 | abuse provider self-insurance fund.-- |
41 | (1) Notwithstanding any other provisions of law, any two |
42 | or more nonprofit community mental health or substance abuse |
43 | providers, which are members in good standing of a nonprofit |
44 | statewide association which has been in existence for at least |
45 | 10 years and is comprised of at least 50 community-based mental |
46 | health and substance abuse agencies which are primarily publicly |
47 | funded and located in this state, may form a self-insurance fund |
48 | for the purpose of pooling and spreading liabilities of its |
49 | group members in any property or casualty risk or surety |
50 | insurance or securing the payment of benefits under chapter 440, |
51 | provided the nonprofit community mental health and substance |
52 | abuse provider self-insurance fund created must: |
53 | (a) Have annual normal premiums in excess of $5 million. |
54 | (b) Maintain a continuing program of excess insurance |
55 | coverage and reserve evaluation to protect the financial |
56 | stability of the fund in an amount and manner determined by a |
57 | qualified and independent actuary. |
58 | (c) Submit to the office annually an audited fiscal year- |
59 | end financial statement by an independent certified public |
60 | accountant within 6 months after the end of the fiscal year. |
61 | (d) Have a governing body which is comprised entirely of |
62 | community mental health and substance abuse provider officials. |
63 | (2) A nonprofit community mental health and substance |
64 | abuse provider self-insurance fund that meets the requirements |
65 | of this section is not subject to s. 624.4621 and is not |
66 | required to file any report with the department under s. |
67 | 440.38(2)(b) required of group self-insurer funds qualified |
68 | under s. 624.4621. If any of the requirements of this section |
69 | are not met, the nonprofit mental health and substance abuse |
70 | provider self-insurance fund is subject to the requirements of |
71 | s. 624.4621. |
72 | (3)(a) Notwithstanding subsection (2), a nonprofit |
73 | community mental health and substance abuse provider self- |
74 | insurance fund created under this section after October 1, 2005, |
75 | shall initially be subject to the requirements of a commercial |
76 | fund under s. 624.4621 and, for the first 5 years of its |
77 | existence, shall be subject to all the requirements applied to |
78 | commercial self-insurance funds or to group self-insurance |
79 | funds, respectively. |
80 | (b)1. A nonprofit community mental health and substance |
81 | abuse provider self-insurance fund formed after January 1, 2006, |
82 | shall, for its first 5 fiscal years, file with the office full |
83 | and true statements of its financial condition, transactions, |
84 | and affairs. An annual statement covering the preceding fiscal |
85 | year shall be filed within 60 days after the end of the fund's |
86 | fiscal year and quarterly statements shall be filed within 45 |
87 | days after each such date. The office may, for good cause, grant |
88 | an extension of time for filing an annual or quarterly |
89 | statement. The statements shall contain information generally |
90 | included in insurers' financial statements prepared in |
91 | accordance with generally accepted insurance accounting |
92 | principles and practices and in a form generally used by |
93 | insurers for financial statements, sworn to by at least two |
94 | executive officers of the self-insurance fund. The form for |
95 | financial statements shall be the form currently approved by the |
96 | National Association of Insurance Commissioners for use by |
97 | property and casualty insurers. |
98 | 2. Each annual statement shall contain a statement of |
99 | opinion on loss and loss adjustment expense reserves made by a |
100 | member of the American Academy of Actuaries. Workpapers in |
101 | support of the statement of opinion must be provided to the |
102 | office upon request. |
103 | Section 2. No self-insurance fund created under this act |
104 | shall be deemed to be or considered to be an insurer for any |
105 | purpose under chapter 631, Florida Statutes. |
106 | Section 3. Subsection (21) is added to section 768.28, |
107 | Florida Statutes, to read: |
108 | 768.28 Waiver of sovereign immunity in tort actions; |
109 | recovery limits; limitation on attorney fees; statute of |
110 | limitations; exclusions; indemnification; risk management |
111 | programs.-- |
112 | (21)(a) Solely with respect to services to individuals in |
113 | need of detoxification and services through an addictions |
114 | receiving facility under chapter 397 or mental health services |
115 | under chapter 394, providers or vendors, or any of their |
116 | employees or agents, that have contractually agreed to act on |
117 | behalf of the state as agents of the Department of Children and |
118 | Family Services to provide such services are agents of the state |
119 | for purposes of this section while acting within the scope of |
120 | and pursuant to guidelines established in the contract or by |
121 | rule. A contract must provide for the indemnification of the |
122 | state by the agent for any liabilities incurred up to the limits |
123 | set out in this chapter. |
124 | (b) This subsection does not designate a person who |
125 | provides contracted services to the Department of Children and |
126 | Family Services as an employee or agent of the state for |
127 | purposes of chapter 440. |
128 | (c) This subsection does not provide any immunity to, or |
129 | limitation on liability for, any person or entity which provides |
130 | services to an individual who is paying or being reimbursed for |
131 | that service in any amount or who is insured for that service. |
132 | (d) Any person or entity designated as an agent of the |
133 | state pursuant to this subsection shall reimburse the state for |
134 | the actual costs of defending any claim and for any amounts paid |
135 | by the state in payment of a settlement or judgment arising out |
136 | of the claim up to the limits of liability set forth in this |
137 | section. Any person or entity who fails to reimburse the state |
138 | as required shall be subject to license revocation and shall be |
139 | responsible for all subsequent payments by the state in |
140 | resolving the underlying cause of action, including any amounts |
141 | paid pursuant to a claims bill, and for all costs and attorney |
142 | fees incurred by the state in recovering the original |
143 | reimbursement amount due and the subsequent payments owed. |
144 | Section 4. This act shall take effect July 1, 2005. |