Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. SB 2160
                        Barcode 434414
                            CHAMBER ACTION
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11  The Committee on Judiciary (Baker) recommended the following
12  amendment:
13  
14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Subsection (2) of section 766.110, Florida
19  Statutes, is amended to read:
20         766.110  Liability of health care facilities.--
21         (2)  Every hospital licensed under chapter 395 may
22  carry liability insurance or adequately insure itself in an
23  amount of not less than $1.5 million per claim, $5 million
24  annual aggregate to cover all medical injuries to patients
25  resulting from negligent acts or omissions on the part of
26  those members of its medical staff who are covered thereby in
27  furtherance of the requirements of ss. 458.320 and 459.0085.
28  Notwithstanding s. 626.901, a licensed hospital may extend
29  insurance and self-insurance coverage to members of the
30  medical staff, including physicians' practices, individually
31  or through a group practice and other health care
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    1:33 PM   04/24/06                              s2160.ju20.001

Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2160 Barcode 434414 1 practitioners, as defined in s. 456.001(4), including students 2 preparing for licensure. Such coverage must be limited to 3 legal liability arising out of medical negligence within the 4 hospital premises as defined under s. 766.401. Self-insurance 5 Coverage extended hereunder to a member of a hospital's 6 medical staff meets the financial responsibility requirements 7 of ss. 458.320 and 459.0085 if the physician's coverage limits 8 are not less than the minimum limits established in ss. 9 458.320 and 459.0085 and the hospital is a verified trauma 10 center that has extended self-insurance coverage continuously 11 to members of its medical staff for activities both inside and 12 outside of the hospital. Any authorized insurer, approved 13 insurer as defined in s. 626.914(2), risk retention group as 14 defined in s. 627.942, or joint underwriting association 15 established under s. 627.351(4) which is authorized or 16 approved to write casualty insurance may make available, but 17 is shall not be required to write, such coverage. The hospital 18 may assess on an equitable and pro rata basis the following 19 individuals to whom it extends coverage pursuant to this 20 section professional health care providers for a portion of 21 the total hospital insurance cost for this coverage: 22 physicians licensed under chapter 458, osteopathic physicians 23 licensed under chapter 459, podiatric physicians licensed 24 under chapter 461, dentists licensed under chapter 466, and 25 nurses licensed under part I of chapter 464, and other health 26 professionals. The hospital may provide for a deductible 27 amount to be applied against any individual health care 28 provider found liable in a law suit in tort or for breach of 29 contract. The legislative intent in providing for the 30 deductible to be applied to individual health care providers 31 found negligent or in breach of contract is to instill in each 2 1:33 PM 04/24/06 s2160.ju20.001
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2160 Barcode 434414 1 individual health care provider the incentive to avoid the 2 risk of injury to the fullest extent and ensure that the 3 citizens of this state receive the highest quality health care 4 obtainable. 5 Section 2. Present subsections (6) and (7) of section 6 766.118, Florida Statutes, are renumbered as subsections (7) 7 and (8), respectively, and a new subsection (6) is added to 8 that section, to read: 9 766.118 Determination of noneconomic damages.-- 10 (6) LIMITATION ON NONECONOMIC DAMAGES FOR NEGLIGENCE 11 OF CERTAIN HOSPITALS.--With respect to a complaint for 12 personal injury or wrongful death arising from medical 13 negligence, a hospital that has received an order from the 14 Agency for Health Care Administration pursuant to s. 766.402 15 which certifies that the facility complies with patient-safety 16 measures specified in s. 766.403 shall be liable for no more 17 than $500,000 in noneconomic damages, regardless of the number 18 of claimants, number of claims, or theory of liability, 19 including vicarious liability, arising from the same nucleus 20 of operative fact, notwithstanding any other provision of this 21 section. 22 Section 3. Section 766.401, Florida Statutes, is 23 created to read: 24 766.401 Definitions.--As used in this section and ss. 25 766.402-766.405, the term: 26 (1) "Affected patient" means a patient of a certified 27 patient-safety facility. 28 (2) "Affected practitioner" means any person, 29 including a physician, who is credentialed by the eligible 30 hospital to provide health care services in a certified 31 patient-safety facility. 3 1:33 PM 04/24/06 s2160.ju20.001
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2160 Barcode 434414 1 (3) "Agency" means the Agency for Health Care 2 Administration. 3 (4) "Certified patient-safety facility" means any 4 eligible hospital that, in accordance with an order from the 5 Agency for Health Care Administration, has adopted a 6 patient-safety plan. 7 (5) "Eligible hospital" or "licensed facility" means a 8 statutory teaching hospital, as defined by s. 408.07, which 9 maintains at least seven different accredited programs in 10 graduate medical education and has 100 or more full-time 11 equivalent resident physicians. 12 (6) "Health care provider" or "provider" means: 13 (a) An eligible hospital. 14 (b) A physician or a physician assistant licensed 15 under chapter 458. 16 (c) An osteopathic physician or an osteopathic 17 physician assistant licensed under chapter 459. 18 (d) A registered nurse, nurse midwife, licensed 19 practical nurse, or advanced registered nurse practitioner 20 licensed or registered under part I of chapter 464 or any 21 facility that employs nurses licensed or registered under part 22 I of chapter 464 to supply all or part of the care delivered 23 by that facility. 24 (e) A health care professional association and its 25 employees or a corporate medical group and its employees. 26 (f) Any other medical facility in which the primary 27 purpose is to deliver human medical diagnostic services or to 28 deliver nonsurgical human medical treatment, including an 29 office maintained by a provider. 30 (g) A free clinic that delivers only medical 31 diagnostic services or nonsurgical medical treatment free of 4 1:33 PM 04/24/06 s2160.ju20.001
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2160 Barcode 434414 1 charge to low-income persons not otherwise covered by Medicaid 2 or other programs for low-income persons. 3 (h) Any other health care professional, practitioner, 4 or provider, including a student enrolled in an accredited 5 program, who prepares the student for licensure as any one of 6 the professionals listed in this subsection. 7 (i) Any person, organization, or entity that is 8 vicariously liable under the theory of respondeat superior or 9 any other theory of legal liability for medical negligence 10 committed by any licensed professional listed in this 11 subsection. 12 (j) Any nonprofit corporation qualified as exempt from 13 federal income taxation under s. 501(a) of the Internal 14 Revenue Code and described in s. 501(c) of the Internal 15 Revenue Code, including any university or medical school that 16 employs licensed professionals listed in this subsection or 17 which delivers health care services provided by licensed 18 professionals listed in this subsection, any federally funded 19 community health center, and any volunteer corporation or 20 volunteer health care provider that delivers health care 21 services. 22 (7) "Health care practitioner" or "practitioner" means 23 any person, entity, or organization identified in subsection 24 (6), except for a hospital. 25 (8) "Adverse incident" has the same meaning as 26 provided in ss. 381.0271, 395.0197, 458.351, and 459.026. 27 (9) "Medical negligence" means medical malpractice, 28 whether grounded in tort or in contract, arising out of the 29 rendering of or failure to render medical care or services. 30 (10) "Person" means any individual, partnership, 31 corporation, association, or governmental unit. 5 1:33 PM 04/24/06 s2160.ju20.001
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2160 Barcode 434414 1 (11) "Premises" means those buildings, beds, and 2 equipment located at the address of the licensed facility and 3 all other buildings, beds, and equipment for the provision of 4 the hospital, ambulatory surgical, mobile surgical care, 5 primary care, or comprehensive health care under the dominion 6 and control of the licensee, including offices and locations 7 where the licensed facility offers medical care and treatment 8 to affected patients. 9 (12) "Statutory teaching hospital" or "teaching 10 hospital" has the same meaning as provided in s. 408.07. 11 Section 4. Section 766.402, Florida Statutes, is 12 created to read: 13 766.402 Agency approval of patient-safety plans.-- 14 (1) An eligible hospital that has adopted a 15 patient-safety plan may petition the agency to enter an order 16 certifying approval of the hospital as a certified 17 patient-safety facility. 18 (2) In accordance with chapter 120, the agency shall 19 enter an order certifying approval of the certified 20 patient-safety facility upon a showing that, in furtherance of 21 an approach to patient safety: 22 (a) The petitioner has established safety measures for 23 the care and treatment of patients. 24 (b) The petitioner satisfies requirements for 25 patient-protection measures, as specified in s. 766.403. 26 (c) The petitioner satisfies all other requirements of 27 ss. 766.401-766.405. 28 (3) Upon entry of an order approving the petition, the 29 agency may conduct onsite examinations of the licensed 30 facility to assure continued compliance with the terms and 31 conditions of the order. 6 1:33 PM 04/24/06 s2160.ju20.001
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2160 Barcode 434414 1 (4) The order approving a petition under this section 2 remains in effect until revoked. The agency may revoke the 3 order upon reasonable notice to the eligible hospital that it 4 fails to comply with material requirements of s. 766.403 and 5 that the hospital has failed to cure stated deficiencies upon 6 reasonable notice. Revocation of an agency order pursuant to 7 s. 766.403 applies prospectively to any cause of action for 8 medical negligence which arises on or after the effective date 9 of the order of revocation. 10 (5) An order approving a petition under this section 11 is, as a matter of law, conclusive evidence that the hospital 12 complies with the applicable patient-safety requirements of s. 13 766.403. A hospital's noncompliance with the requirements of 14 s. 766.403 does not affect the limitations on damages 15 conferred by this section. Evidence of noncompliance with s. 16 766.403 is not admissible for any purpose in any action for 17 medical malpractice. This section, or any portion thereof, may 18 not give rise to an independent cause of action for damages 19 against any hospital. 20 Section 5. Section 766.403, Florida Statutes, is 21 created to read: 22 766.403 Patient-safety plans.-- 23 (1) In order to satisfy the requirements of s. 24 766.402, the licensed facility shall have a patient-safety 25 plan, which provides that the facility shall: 26 (a) Have in place a process, either through the 27 facility's patient-safety committee or a similar body, for 28 coordinating the quality control, risk management, and 29 patient-relations functions of the facility and for reporting 30 to the facility's governing board at least quarterly regarding 31 such efforts. 7 1:33 PM 04/24/06 s2160.ju20.001
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2160 Barcode 434414 1 (b) Establish within the facility a system for 2 reporting near misses and agree to submit any information 3 collected to the Florida Patient Safety Corporation. Such 4 information must be submitted by the facility and made 5 available by the Patient Safety Corporation in accordance with 6 s. 381.0271(7). 7 (c) Design and make available to facility staff, 8 including medical staff, a patient-safety curriculum that 9 provides lecture and web-based training on recognized 10 patient-safety principles, which may include training in 11 communication skills, team-performance assessment and 12 training, risk-prevention strategies, and best practices and 13 evidence-based medicine. The licensed facility shall report 14 annually the programs presented to the agency. 15 (d) Implement a program to identify health care 16 providers on the facility's staff who may be eligible for an 17 early-intervention program that provides additional skills 18 assessment and training and offer such training to the staff 19 on a voluntary and confidential basis with established 20 mechanisms to assess program performance and results. 21 (e) Implement a simulation-based program for skills 22 assessment, training, and retraining of a facility's staff in 23 those tasks and activities that the agency identifies by rule. 24 (f) Designate a patient advocate who coordinates with 25 members of the medical staff and the facility's chief medical 26 officer regarding the disclosure of adverse medical incidents 27 to patients. In addition, the patient advocate shall 28 establish an advisory panel, consisting of providers, patients 29 or their families, and other health care consumers or consumer 30 groups to review general patient-safety concerns and other 31 issues related to relations among and between patients and 8 1:33 PM 04/24/06 s2160.ju20.001
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2160 Barcode 434414 1 providers and to identify areas where additional education and 2 program development may be appropriate. 3 (g) Establish a procedure to biennially review the 4 facility's patient-safety program and its compliance with the 5 requirements of this section. Such review shall be conducted 6 by an independent patient-safety organization as defined in s. 7 766.1016(1) or other professional organization approved by the 8 agency. The organization performing the review shall prepare a 9 written report that contains detailed findings and 10 recommendations. The report shall be forwarded to the 11 facility's risk manager or patient-safety officer, who may 12 make written comments in response. The report and any written 13 comments shall be presented to the governing board of the 14 licensed facility. A copy of the report and any of the 15 facility's responses to the findings and recommendations shall 16 be provided to the agency within 60 days after the date that 17 the governing board reviewed the report. The report is 18 confidential and exempt from production or discovery in any 19 civil action. Likewise, the report and the information 20 contained therein are not admissible as evidence for any 21 purpose in any action for medical negligence. 22 (h) Establish a system for the trending and tracking 23 of quality and patient-safety indicators that the agency may 24 identify by rule and a method for review of the data at least 25 semiannually by the facility's patient-safety committee. 26 (2) This section does not constitute an applicable 27 standard of care in any action for medical negligence or 28 otherwise create a private right of action, and evidence of 29 noncompliance with this section is not admissible for any 30 purpose in any action for medical negligence against any 31 health care provider. 9 1:33 PM 04/24/06 s2160.ju20.001
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2160 Barcode 434414 1 (3) This section does not prohibit the licensed 2 facility from implementing other measures for promoting 3 patient safety within the premises. This section does not 4 relieve the licensed facility from the duty to implement any 5 other patient-safety measure that is required by state law. 6 The Legislature intends that the patient-safety measures 7 specified in this section are in addition to all other 8 patient-safety measures required by state law, federal law, 9 and applicable accreditation standards for licensed 10 facilities. 11 (4) A review, report, or other document created, 12 produced, delivered, or discussed pursuant to this section is 13 not discoverable or admissible as evidence in any legal 14 action. 15 Section 6. Section 766.404, Florida Statutes, is 16 created to read: 17 766.404 Annual report.-- 18 (1) Each certified patient-safety facility shall 19 submit an annual report to the agency containing information 20 and data reasonably required by the agency to evaluate 21 performance and effectiveness of its patient-safety plan. 22 However, information may not be submitted or disclosed in 23 violation of any patient's right to privacy under state or 24 federal law. 25 (2) The agency shall aggregate information and data 26 submitted by all certified patient-safety facilities, and each 27 year, on or before March 1, the agency shall submit a report 28 to the President of the Senate and the Speaker of the House of 29 Representatives which evaluates the performance and 30 effectiveness of the approach to enhancing patient safety and 31 limiting provider liability in certified patient-safety 10 1:33 PM 04/24/06 s2160.ju20.001
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2160 Barcode 434414 1 facilities. The report must include, but need not be limited 2 to, pertinent data concerning: 3 (a) The number and names of certified patient-safety 4 facilities; 5 (b) The number and types of patient-protection 6 measures currently in effect in these facilities; 7 (c) The number of affected patients; 8 (d) The number of surgical procedures on affected 9 patients; 10 (e) The number of medical incidents, claims of medical 11 malpractice, and claims resulting in indemnity; 12 (f) The average time for resolution of contested and 13 uncontested claims of medical malpractice; 14 (g) The percentage of claims which result in civil 15 trials; 16 (h) The percentage of civil trials which result in 17 adverse judgments against affected facilities; 18 (i) The number and average size of an indemnity paid 19 to claimants; 20 (j) The estimated liability expense, inclusive of 21 medical liability insurance premiums; and 22 (k) The percentage of medical liability expense, 23 inclusive of medical liability insurance premiums, which is 24 borne by affected practitioners in certified patient-safety 25 facilities. 26 27 The report may also include other information and data that 28 the agency deems appropriate to gauge the cost and benefit of 29 patient-safety plans. 30 (3) The agency's annual report to the President of the 31 Senate and the Speaker of the House of Representatives may 11 1:33 PM 04/24/06 s2160.ju20.001
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2160 Barcode 434414 1 include relevant information and data obtained from the Office 2 of Insurance Regulation within the Department of Financial 3 Services concerning the availability and affordability of 4 enterprise-wide medical liability insurance coverage for 5 affected facilities and the availability and affordability of 6 insurance policies for individual practitioners which contain 7 coverage exclusions for acts of medical negligence in 8 facilities that indemnify health practitioners. The Office of 9 Insurance Regulation shall cooperate with the agency in the 10 reporting of information and data specified in this 11 subsection. 12 (4) Reports submitted to the agency by certified 13 patient-safety facilities pursuant to this section are public 14 records under chapter 119. However, these reports, and the 15 information contained therein, are not admissible as evidence 16 in a court of law in any action. 17 Section 7. Section 766.405, Florida Statutes, is 18 created to read: 19 766.405 Damages in malpractice actions against certain 20 hospitals that meet patient-safety requirements; agency 21 approval of patient-safety measures.-- 22 (1) In recognition of their essential role in training 23 future health care providers and in providing innovative 24 medical care for this state's residents, in recognition of 25 their commitment to treating indigent patients, and further in 26 recognition that teaching hospitals, as defined in s. 408.07, 27 provide benefits to the residents of this state through their 28 roles in improving the quality of medical care, training of 29 health care providers, and caring for indigent patients, the 30 limits of liability for medical malpractice arising out of the 31 rendering of, or the failure to render, medical care by all 12 1:33 PM 04/24/06 s2160.ju20.001
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2160 Barcode 434414 1 such hospitals shall be determined in accordance with the 2 requirements of this section. 3 (2) Upon entry of an order and for the entire period 4 of time that the order remains in effect, the damages 5 recoverable from an eligible hospital covered by the order and 6 from its full-time employee physicians and full-time and 7 part-time non-physician employees and agents in actions 8 arising from medical negligence shall be determined in 9 accordance with the following provisions: 10 (a) Noneconomic damages shall be limited to a maximum 11 of $500,000, regardless of the number of claimants, number of 12 claims, or the theory of liability pursuant to s. 766.118(6). 13 (b) Awards of economic damages shall be offset by 14 payments from collateral sources, as defined by s. 766.202(2), 15 and any set-offs available under ss. 46.015 and 768.041. 16 Awards for future economic losses shall be offset by future 17 collateral source payments. 18 (c) After being offset by collateral sources, awards 19 of future economic damages shall, at the option of the 20 eligible hospital, be reduced by the court to present value or 21 paid through periodic payments in the form of an annuity or a 22 reversionary trust. A company that underwrites an annuity to 23 pay future economic damages shall have a rating of "A" or 24 higher by A.M. Best Company. The terms of the reversionary 25 instrument used to periodically pay future economic damages 26 must be approved by the court. Such approval may not be 27 unreasonably withheld. 28 (3) The limitations on damages in subsection (2) apply 29 prospectively to causes of action for medical negligence which 30 arise on or after the effective date of the order. 31 Section 8. Section 766.406, Florida Statutes, is 13 1:33 PM 04/24/06 s2160.ju20.001
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2160 Barcode 434414 1 created to read: 2 766.406 Rulemaking authority.--The agency may adopt 3 rules to administer ss. 766.401-766.405. 4 Section 9. If any provision of this act or its 5 application to any person or circumstance is held invalid, the 6 invalidity does not affect other provisions or applications of 7 the act which can be given effect without the invalid 8 provision or application, and to this end, the provisions of 9 this act are severable. 10 Section 10. The sum of $226,984 in recurring funds 11 from the Health Care Trust Fund and the sum of $72,057 in 12 nonrecurring funds from the Health Care Trust Fund are 13 appropriated, and 3 full time equivalent positions and 14 associated salary rate of $127,817 are authorized to the 15 Agency for Health Care Administration for the 2006-2007 fiscal 16 year, for the purpose of implementing the provisions of this 17 act. 18 Section 11. This act shall take effect upon becoming a 19 law. 20 21 22 ================ T I T L E A M E N D M E N T =============== 23 And the title is amended as follows: 24 Delete everything before the enacting clause 25 26 and insert: 27 A bill to be entitled 28 An act relating to medical malpractice 29 insurance; amending s. 766.110, F.S.; 30 specifying certain authorized insurers who may 31 make available liability insurance; amending s. 14 1:33 PM 04/24/06 s2160.ju20.001
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2160 Barcode 434414 1 766.118, F.S.; providing a limitation on 2 noneconomic damages for a hospital facility 3 that complies with certain patient-safety 4 measures; creating s. 766.401, F.S.; providing 5 definitions; creating s. 766.402, F.S.; 6 authorizing an eligible hospital to petition 7 the agency for an order certifying the hospital 8 as a certified patient-safety facility; 9 providing requirements for certification as a 10 patient-safety facility; authorizing the agency 11 to conduct onsite examinations; providing for 12 revocation of an order certifying approval of a 13 certified patient-safety facility; providing 14 that an order certifying the approval of a 15 certified patient-safety facility is conclusive 16 evidence of compliance with statutory 17 patient-safety requirements; providing that 18 evidence of noncompliance is not admissible for 19 any action for medical malpractice; creating s. 20 766.403, F.S.; providing requirements for a 21 hospital to demonstrate that it is engaged in a 22 common enterprise for the care and treatment of 23 patients; specifying required patient-safety 24 measures; prohibiting a report or document 25 generated under the act from being admissible 26 or discoverable as evidence; creating s. 27 766.404, F.S.; requiring a certified 28 patient-safety facility to submit an annual 29 report to the agency and the Legislature; 30 providing requirements for the annual report; 31 providing that the annual report may include 15 1:33 PM 04/24/06 s2160.ju20.001
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2160 Barcode 434414 1 certain information from the Office of 2 Insurance Regulation within the Department of 3 Financial Services; providing that the annual 4 report is subject to public-records 5 requirements but is not admissible as evidence 6 in a legal proceeding; creating s. 766.405, 7 F.S.; providing for limitations on damages for 8 eligible hospitals that are certified for 9 compliance with certain patient-safety 10 measures; creating s. 766.406, F.S.; providing 11 rulemaking authority; providing for 12 severability; providing an appropriation; 13 providing an effective date. 14 WHEREAS, the Legislature finds that this state is in 15 the midst of a prolonged medical malpractice insurance crisis 16 that has serious adverse effects on patients, practitioners, 17 licensed health care facilities, and all residents of this 18 state, and 19 WHEREAS, the Legislature finds that hospitals are 20 central components of the modern health care delivery system, 21 and 22 WHEREAS, the Legislature finds that the medical 23 malpractice insurance crisis in this state can be alleviated 24 by the adoption of innovative approaches for patient safety in 25 teaching hospitals, which can lead to a reduction in medical 26 errors coupled with a limitation on noneconomic damages that 27 can be awarded against a teaching hospital that implements 28 such innovative approaches, and 29 WHEREAS, the Legislature finds statutory incentives are 30 necessary to facilitate innovative approaches for patient 31 16 1:33 PM 04/24/06 s2160.ju20.001
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2160 Barcode 434414 1 safety in hospitals and that such incentives and 2 patient-safety measures will benefit all persons seeking 3 health care services in this state, and 4 WHEREAS, the Legislature finds that coupling patient 5 safety measures and a limitation on provider liability in 6 teaching hospitals will lead to a reduction in the frequency 7 and severity of incidents of medical malpractice in hospitals, 8 and 9 WHEREAS, the Legislature finds that a reduction in the 10 frequency and severity of incidents of medical malpractice in 11 hospitals will reduce attorney's fees and other expenses 12 inherent in the medical liability system, and 13 WHEREAS, the Legislature finds that there is no 14 alternative method that addresses the overpowering public 15 necessity to implement patient-safety measures and limit 16 provider liability, and 17 WHEREAS, the Legislature finds that making high-quality 18 health care available to the residents of this state is an 19 overpowering public necessity, and 20 WHEREAS, the Legislature finds that medical education 21 in this state is an overpowering public necessity, and 22 WHEREAS, the Legislature finds that statutory teaching 23 hospitals are essential for high-quality medical care and 24 medical education in this state, and 25 WHEREAS, the Legislature finds that the critical 26 mission of statutory teaching hospitals is severely undermined 27 by the ongoing medical malpractice crisis, and 28 WHEREAS, and the Legislature finds that teaching 29 hospitals are appropriate health care facilities for the 30 implementation of innovative approaches to enhancing patient 31 safety and limiting provider liability, and severity of 17 1:33 PM 04/24/06 s2160.ju20.001
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2160 Barcode 434414 1 incidents of medical malpractice in hospitals will reduce 2 attorney's fees and other expenses inherent in the medical 3 liability system, and 4 WHEREAS, the Legislature finds that there is no 5 alternative method that addresses the overpowering public 6 necessity to implement patient-safety measures and limit 7 provider liability, and 8 WHEREAS, the Legislature finds that making high-quality 9 health care available to the residents of this state is an 10 overpowering public necessity, and 11 WHEREAS, the Legislature finds that medical education 12 in this state is an overpowering public necessity, and 13 WHEREAS, the Legislature finds that statutory teaching 14 hospitals are essential for high-quality medical care and 15 medical education in this state, and 16 WHEREAS, the Legislature finds that the critical 17 mission of statutory teaching hospitals is severely undermined 18 by the ongoing medical malpractice crisis, and 19 WHEREAS, and the Legislature finds that teaching 20 hospitals are appropriate health care facilities for the 21 implementation of innovative approaches to enhancing patient 22 safety and limiting provider liability, and 23 WHEREAS, the Legislature finds an overpowering public 24 necessity to impose reasonable limitations on actions for 25 medical malpractice against teaching hospitals in furtherance 26 of the critical public interest in promoting access to 27 high-quality medical care, medical education, and innovative 28 approaches to patient safety and provider liability, and 29 WHEREAS, the Legislature finds an overpowering public 30 necessity for teaching hospitals to implement innovative 31 measures for patient safety and limit provider liability in 18 1:33 PM 04/24/06 s2160.ju20.001
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2160 Barcode 434414 1 order to generate empirical data for state policymakers 2 concerning the effectiveness of these measures. Such data may 3 lead to broader application of these measures in a wider array 4 of hospitals after a reasonable period of evaluation and 5 review, and 6 WHEREAS, the Legislature finds an overpowering public 7 necessity to promote the academic mission of teaching 8 hospitals, and 9 WHEREAS, the Legislature finds that the academic 10 mission of these medical facilities is materially enhanced by 11 statutory authority for the implementation of innovative 12 approaches to promoting patient safety and limiting provider 13 liability, and 14 WHEREAS, innovative approaches to patient safety can be 15 carefully studied and learned by medical students, medical 16 school faculty, and affiliated physicians in appropriate 17 clinical settings, thereby enlarging the body of knowledge 18 concerning patient safety and provider liability which is 19 essential for advancement of patient safety, reduction of 20 expenses inherent in the medical liability system, and 21 curtailment of the medical malpractice insurance crisis in 22 this state. 23 24 25 26 27 28 29 30 31 19 1:33 PM 04/24/06 s2160.ju20.001