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:

23  

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
    34-872-06




 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
    34-872-06




 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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 1            *****************************************

 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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