Senate Bill sb1184
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Florida Senate - 2006 SB 1184
By Senator Rich
34-872-06
1 A bill to be entitled
2 An act relating to school health services;
3 creating s. 381.0058, F.S.; encouraging the
4 creation of comprehensive school health
5 collaboratives to provide comprehensive school
6 health service; defining terms; providing
7 legislative intent; providing legislative
8 recognition that specified existing funding
9 sources may be used for comprehensive school
10 health collaboratives; expressing legislative
11 commitment for additional funding; amending s.
12 381.0056, F.S.; providing that a person who is
13 in a public-private partnership with a county
14 health department to form a comprehensive
15 school health collaborative acts as an agent of
16 the Department of Health in providing school
17 health services and enjoys limited liability;
18 providing an appropriation for a demonstration
19 project in Miami-Dade County; providing an
20 effective date.
21
22 Be It Enacted by the Legislature of the State of Florida:
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24 Section 1. Section 381.0058, Florida Statutes, is
25 created to read:
26 381.0058 Comprehensive School Health Collaborative
27 Act; definitions; legislative intent; funding sources;
28 partnerships.--
29 (1) This section may be cited as the "Comprehensive
30 School Health Collaborative Act."
31 (2) As used in this section, the term:
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Florida Senate - 2006 SB 1184
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1 (a) "Comprehensive school health collaborative" means
2 an agreement between the Department of Health, the school
3 district, and other entities through a strategic plan or
4 business plan to enter into an interlocal agreement for the
5 purpose of providing comprehensive school health services to
6 children in the local community.
7 (b) "Comprehensive school health service" means a
8 standardized set of school health services for physical and
9 mental health, provided by a team of school health
10 professionals, which may be offered in a school district to
11 promote enrollment in health insurance, improvement of key
12 health outcomes, linkage to medical homes, and reduction in
13 absenteeism rates, and which can be measured with a
14 standardized data-tracking system.
15 (3) It is the intent of the Legislature that
16 sufficient resources be made available to fund comprehensive
17 school health services in any school district that
18 demonstrates a significant public-private partnership or
19 community collaboration in providing such services. The
20 Legislature recognizes that there are entities that
21 demonstrate significant public-private partnership or
22 community collaboration in providing school health services by
23 making a local commitment of resources to school health and
24 recognizes the value of these additional resources as an
25 enhanced source of funding. Such community collaboratives are
26 well-positioned and able to seek revenue-maximization
27 opportunities, to coordinate cost-effective services, to
28 reduce the costly hospitalization of children, and to
29 demonstrate successful outcomes.
30 (4) The Legislature recognizes that existing funding
31 for basic and comprehensive school services and full-service
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Florida Senate - 2006 SB 1184
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1 schools can be used as partial funding for comprehensive
2 school health collaboratives. The Legislature also recognizes
3 that funding earned by local school districts and county
4 health departments from the Agency for Health Care
5 Administration from the delivery of services to
6 Medicaid-eligible students can also be used as partial
7 funding. The Legislature further recognizes that additional
8 new funds may come voluntarily from a local Children's
9 Services Council, from other entities, or from private
10 contributors and that such entities may enter into
11 partnerships with the Department of Health and local school
12 districts to form comprehensive school health collaboratives.
13 (5) For those communities that have formed a
14 comprehensive school health collaborative and, as such, are
15 participating in an enhanced school health funding program,
16 the Legislature is committed to providing additional funds to
17 augment such services.
18 Section 2. The sum of $2 million is appropriated from
19 the General Revenue Fund to the Department of Health for the
20 2006-2007 fiscal year, to be used for the purpose of
21 supporting an enhanced school health program operated by a
22 comprehensive school health collaborative in Miami-Dade County
23 as a demonstration project that will be expanded to other
24 areas as they develop comprehensive school health services.
25 These funds must be used to help develop the infrastructure
26 and evaluate the results of the demonstration program.
27 Section 3. Subsection (10) of section 381.0056,
28 Florida Statutes, is amended to read:
29 381.0056 School health services program.--
30 (10) Any health care entity that provides school
31 health services under contract with the department pursuant to
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Florida Senate - 2006 SB 1184
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1 a school health services plan developed under this section,
2 and as part of a school nurse services public-private
3 partnership, is deemed to be a corporation acting primarily as
4 an instrumentality of the state solely for the purpose of
5 limiting liability pursuant to s. 768.28(5). Any person in a
6 public-private partnership with a county health department to
7 form a comprehensive school health collaborative and provide
8 school health services with or without compensation is acting
9 as an agent of the department in the provision of such
10 services and is subject to the limitations on liability set
11 forth in s. 768.28(5). The limitations on tort actions
12 contained in s. 768.28(5) shall apply to any action against
13 the entity with respect to the provision of school health
14 services, if the entity is acting within the scope of and
15 pursuant to guidelines established in the contract or by rule
16 of the department. The contract must require the entity, or
17 the partnership on behalf of the entity, to obtain general
18 liability insurance coverage, with any additional endorsement
19 necessary to insure the entity for liability assumed by its
20 contract with the department. The Legislature intends that
21 insurance be purchased by entities, or by partnerships on
22 behalf of the entity, to cover all liability claims, and under
23 no circumstances shall the state or the department be
24 responsible for payment of any claims or defense costs for
25 claims brought against the entity or its subcontractor for
26 services performed under the contract with the department.
27 This subsection does not preclude consideration by the
28 Legislature for payment by the state of any claims bill
29 involving an entity contracting with the department pursuant
30 to this section.
31 Section 4. This act shall take effect July 1, 2006.
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Florida Senate - 2006 SB 1184
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2 SENATE SUMMARY
3 Relates to school health services. Creates the
"Comprehensive School Health Collaborative Act."
4 Encourages the creation of comprehensive school health
collaboratives to provide comprehensive school health
5 service. Defines terms. Provides legislative intent.
Provides legislative recognition that specified existing
6 funding sources may be used for comprehensive school
health collaboratives. Expresses legislative commitment
7 to providing additional funding. Provides that a person
who is in a public-private partnership with a county
8 health department to form a comprehensive school health
collaborative acts as an agent of the Department of
9 Health in providing school health services and enjoys
limited liability. Provides an appropriation for a
10 demonstration project in Miami-Dade County.
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