Senate Bill sb2160

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    Florida Senate - 2006                                  SB 2160

    By Senator Saunders





    37-1109B-06

  1                      A bill to be entitled

  2         An act relating to medical malpractice

  3         insurance; creating the Patient Safety and

  4         Provider Liability Act; providing legislative

  5         findings; creating s. 627.41485, F.S.;

  6         authorizing insurers to issue insurance

  7         coverage that excludes medical negligence for

  8         certain health care professionals within a

  9         hospital; authorizing the Department of

10         Financial Services to adopt rules; amending s.

11         766.110, F.S.; specifying certain authorized

12         insurers who may make available liability

13         insurance; amending s. 766.118, F.S.; providing

14         a limitation on noneconomic damages for a

15         hospital facility that complies with certain

16         patient-safety measures; creating s. 766.401,

17         F.S.; providing definitions; creating s.

18         766.402, F.S.; authorizing an eligible hospital

19         to petition the agency for an order certifying

20         the hospital as a certified patient-safety

21         facility; providing requirements for

22         certification as a patient-safety facility;

23         authorizing the agency to conduct onsite

24         examinations; providing for revocation of an

25         order certifying approval of a certified

26         patient-safety facility; providing that an

27         order certifying the approval of a certified

28         patient-safety facility is conclusive evidence

29         of compliance with statutory patient-safety

30         requirements; providing that evidence of

31         noncompliance is not admissible for any action

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 1         for medical malpractice; creating s. 766.403,

 2         F.S.; providing requirements for a hospital to

 3         demonstrate that it is engaged in a common

 4         enterprise for the care and treatment of

 5         patients; specifying required patient-safety

 6         measures; prohibiting a report or document

 7         generated under the act from being admissible

 8         or discoverable as evidence; creating s.

 9         766.404, F.S.; requiring a certified

10         patient-safety facility to submit an annual

11         report to the agency and the Legislature;

12         providing requirements for the annual report;

13         providing that the annual report may include

14         certain information from the Office of

15         Insurance Regulation within the Department of

16         Financial Services; providing that the annual

17         report is subject to public-records

18         requirements but is not admissible as evidence

19         in a legal proceeding; creating s. 766.405,

20         F.S.; providing for limitations on damages for

21         eligible hospitals that are certified for

22         compliance with certain patient-safety

23         measures; creating s. 766.406, F.S.; providing

24         rulemaking authority; providing for

25         severability; providing for broad statutory

26         view of the act; providing for self-execution

27         of the act; providing an effective date.

28  

29  Be It Enacted by the Legislature of the State of Florida:

30  

31  

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 1         Section 1.  (1)  This act may be cited as the "Patient

 2  Safety and Provider Liability Act."

 3         Section 2.  Legislative findings.--

 4         (1)  The Legislature finds that this state is in the

 5  midst of a prolonged medical malpractice insurance crisis that

 6  has serious adverse effects on patients, practitioners,

 7  licensed health care facilities, and all residents of this

 8  state.

 9         (2)  The Legislature finds that hospitals are central

10  components of the modern health care delivery system.

11         (3)  The Legislature finds that the medical malpractice

12  insurance crisis in this state can be alleviated by the

13  adoption of innovative approaches for patient safety in

14  teaching hospitals, which can lead to a reduction in medical

15  errors coupled with a limitation on noneconomic damages that

16  can be awarded against a teaching hospital that implements

17  such innovative approaches.

18         (4)  The Legislature finds statutory incentives are

19  necessary to facilitate innovative approaches for patient

20  safety in hospitals and that such incentives and

21  patient-safety measures will benefit all persons seeking

22  health care services in this state.

23         (5)  The Legislature finds that coupling patient safety

24  measures and a limitation on provider liability in teaching

25  hospitals will lead to a reduction in the frequency and

26  severity of incidents of medical malpractice in hospitals.

27         (6)  The Legislature finds that a reduction in the

28  frequency and severity of incidents of medical malpractice in

29  hospitals will reduce attorney's fees and other expenses

30  inherent in the medical liability system.

31  

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 1         (7)  The Legislature finds that there is no alternative

 2  method that addresses the overwhelming public necessity to

 3  implement patient-safety measures and limit provider

 4  liability.

 5         (8)  The Legislature finds that making high-quality

 6  health care available to the residents of this state is an

 7  overwhelming public necessity.

 8         (9)  The Legislature finds that medical education in

 9  this state is an overwhelming public necessity.

10         (10)  The Legislature finds that statutory teaching

11  hospitals are essential for high-quality medical care and

12  medical education in this state.

13         (11)  The Legislature finds that the critical mission

14  of statutory teaching hospitals is severely undermined by the

15  ongoing medical malpractice crisis.

16         (12)  The Legislature finds that teaching hospitals are

17  appropriate health care facilities for the implementation of

18  innovative approaches to enhancing patient safety and limiting

19  provider liability.

20         (13)  The Legislature finds an overwhelming public

21  necessity to impose reasonable limitations on actions for

22  medical malpractice against teaching hospitals in furtherance

23  of the critical public interest in promoting access to

24  high-quality medical care, medical education, and innovative

25  approaches to patient safety and provider liability.

26         (14)  The Legislature finds an overwhelming public

27  necessity for teaching hospitals to implement innovative

28  measures for patient safety and limit provider liability in

29  order to generate empirical data for state policymakers

30  concerning the effectiveness of these measures. Such data may

31  lead to broader application of these measures in a wider array

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 1  of hospitals after a reasonable period of evaluation and

 2  review.

 3         (15)  The Legislature finds an overwhelming public

 4  necessity to promote the academic mission of teaching

 5  hospitals. Furthermore, the Legislature finds that the

 6  academic mission of these medical facilities is materially

 7  enhanced by statutory authority for the implementation of

 8  innovative approaches to promoting patient safety and limiting

 9  provider liability. Such approaches can be carefully studied

10  and learned by medical students, medical school faculty, and

11  affiliated physicians in appropriate clinical settings,

12  thereby enlarging the body of knowledge concerning patient

13  safety and provider liability which is essential for

14  advancement of patient safety, reduction of expenses inherent

15  in the medical liability system, and curtailment of the

16  medical malpractice insurance crisis in this state.

17         Section 3.  Section 627.41485, Florida Statutes, is

18  created to read:

19         627.41485  Medical malpractice insurers; optional

20  coverage exclusion for insureds that maintain a patient-safety

21  plan specified in s. 766.403.--

22         (1)  An insurer issuing policies of professional

23  liability coverage for claims arising out of the rendering of,

24  or the failure to render, medical care or services may make

25  available to physicians licensed under chapter 458,

26  osteopathic physicians licensed under chapter 459, podiatric

27  physicians licensed under chapter 461, dentists licensed under

28  chapter 466, and nurses licensed under part I of chapter 464

29  coverage having an appropriate exclusion for acts of medical

30  negligence occurring within the premises of a hospital that

31  has agreed to indemnify covered persons for legal liability

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 1  pursuant to s. 766.110(2), subject to the usual underwriting

 2  standards.

 3         (2)  The Department of Financial Services may adopt

 4  rules to administer this section.

 5         Section 4.  Subsection (2) of section 766.110, Florida

 6  Statutes, is amended to read:

 7         766.110  Liability of health care facilities.--

 8         (2)  Every hospital licensed under chapter 395 may

 9  carry liability insurance or adequately insure itself in an

10  amount of not less than $1.5 million per claim, $5 million

11  annual aggregate to cover all medical injuries to patients

12  resulting from negligent acts or omissions on the part of

13  those members of its medical staff who are covered thereby in

14  furtherance of the requirements of ss. 458.320 and 459.0085.

15  Notwithstanding s. 626.901, a licensed hospital and verified

16  trauma center may extend insurance and self-insurance coverage

17  to members of the medical staff, including physicians'

18  practices, individually or through a professional association,

19  as defined in chapter 621, and other health care

20  practitioners, as defined in s. 456.001(4), including students

21  preparing for licensure. Such coverage may be limited to legal

22  liability arising out of medical negligence within the

23  hospital premises as defined under s. 766.401. Self-insurance

24  Coverage extended hereunder to a member of a hospital's

25  medical staff meets the financial responsibility requirements

26  of ss. 458.320 and 459.0085 if the physician's coverage limits

27  are not less than the minimum limits established in ss.

28  458.320 and 459.0085 and the hospital is a verified trauma

29  center that has extended self-insurance coverage continuously

30  to members of its medical staff for activities both inside and

31  outside of the hospital. Any authorized insurer as defined in

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 1  s. 626.914(2), risk retention group as defined in s. 627.942,

 2  or joint underwriting association established under s.

 3  627.351(4) which is authorized to write casualty insurance may

 4  make available, but is shall not be required to write, such

 5  coverage. The hospital may assess on an equitable and pro rata

 6  basis the following individuals to whom it extends coverage

 7  pursuant to this section professional health care providers

 8  for a portion of the total hospital insurance cost for this

 9  coverage:  physicians licensed under chapter 458, osteopathic

10  physicians licensed under chapter 459, podiatric physicians

11  licensed under chapter 461, dentists licensed under chapter

12  466, and nurses licensed under part I of chapter 464, and

13  other health professionals. The hospital may provide for a

14  deductible amount to be applied against any individual health

15  care provider found liable in a law suit in tort or for breach

16  of contract.  The legislative intent in providing for the

17  deductible to be applied to individual health care providers

18  found negligent or in breach of contract is to instill in each

19  individual health care provider the incentive to avoid the

20  risk of injury to the fullest extent and ensure that the

21  citizens of this state receive the highest quality health care

22  obtainable.

23         Section 5.  Present subsections (6) and (7) of section

24  766.118, Florida Statutes, are renumbered as subsections (7)

25  and (8), respectively, and a new subsection (6) is added to

26  that section, to read:

27         766.118  Determination of noneconomic damages.--

28         (6)  LIMITATION ON NONECONOMIC DAMAGES FOR NEGLIGENCE

29  OF CERTAIN HOSPITALS.--With respect to a complaint for

30  personal injury or wrongful death arising from medical

31  negligence, a hospital that has received an order from the

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 1  Agency for Health Care Administration pursuant to s. 766.402

 2  which certifies that the facility complies with patient-safety

 3  measures specified in s. 766.403 shall be liable for no more

 4  than $500,000 in noneconomic damages, regardless of the number

 5  of claimants, number of claims, or theory of liability,

 6  including vicarious liability, arising from the same nucleus

 7  of operative fact, notwithstanding any other provision of this

 8  section.

 9         Section 6.  Section 766.401, Florida Statutes, is

10  created to read:

11         766.401  Definitions.--As used in this section and ss.

12  766.402-766.405, the term:

13         (1)  "Affected patient" means a patient of a certified

14  patient-safety facility.

15         (2)  "Affected practitioner" means any person,

16  including a physician, who is credentialed by the eligible

17  hospital to provide health care services in a certified

18  patient-safety facility.

19         (3)  "Agency" means the Agency for Health Care

20  Administration.

21         (4)  "Certified patient-safety facility" means any

22  eligible hospital that, in accordance with an order from the

23  Agency for Health Care Administration, has adopted a

24  patient-safety plan.

25         (5)  "Clinical privileges" means the privileges granted

26  to a physician or other licensed health care practitioner to

27  render patient-care services in a hospital.

28         (6)  "Eligible hospital" or "licensed facility" means a

29  statutory teaching hospital, as defined by s. 408.07, which

30  maintains at least seven different accredited programs in

31  

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 1  graduate medical education and has 100 or more full-time

 2  equivalent resident physicians.

 3         (7)  "Health care provider" or "provider" means:

 4         (a)  An eligible hospital.

 5         (b)  A physician or a physician assistant licensed

 6  under chapter 458.

 7         (c)  An osteopathic physician or an osteopathic

 8  physician assistant licensed under chapter 459.

 9         (d)  A registered nurse, nurse midwife, licensed

10  practical nurse, or advanced registered nurse practitioner

11  licensed or registered under part I of chapter 464 or any

12  facility that employs nurses licensed or registered under part

13  I of chapter 464 to supply all or part of the care delivered

14  by that facility.

15         (e)  A health care professional association and its

16  employees or a corporate medical group and its employees.

17         (f)  Any other medical facility in which the primary

18  purpose is to deliver human medical diagnostic services or to

19  deliver nonsurgical human medical treatment, including an

20  office maintained by a provider.

21         (g)  A free clinic that delivers only medical

22  diagnostic services or nonsurgical medical treatment free of

23  charge to low-income persons not otherwise covered by Medicaid

24  or other programs for low-income persons.

25         (h)  Any other health care professional, practitioner,

26  or provider, including a student enrolled in an accredited

27  program, who prepares the student for licensure as any one of

28  the professionals listed in this subsection.

29         (i)  Any person, organization, or entity that is

30  vicariously liable under the theory of respondeat superior or

31  any other theory of legal liability for medical negligence

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 1  committed by any licensed professional listed in this

 2  subsection.

 3         (j)  Any nonprofit corporation qualified as exempt from

 4  federal income taxation under s. 501(a) of the Internal

 5  Revenue Code and described in s. 501(c) of the Internal

 6  Revenue Code, including any university or medical school that

 7  employs licensed professionals listed in this subsection or

 8  which delivers health care services provided by licensed

 9  professionals listed in this subsection, any federally funded

10  community health center, and any volunteer corporation or

11  volunteer health care provider that delivers health care

12  services.

13         (8)  "Health care practitioner" or "practitioner" means

14  any person, entity, or organization identified in subsection

15  (7), except for a hospital.

16         (9)  "Medical incident" or "adverse incident" has the

17  same meaning as provided in ss. 381.0271, 395.0197, 458.351,

18  and 459.026.

19         (10)  "Medical negligence" means medical malpractice,

20  whether grounded in tort or in contract, arising out of the

21  rendering of or failure to render medical care or services.

22         (11)  "Person" means any individual, partnership,

23  corporation, association, or governmental unit.

24         (12)  "Premises" means those buildings, beds, and

25  equipment located at the address of the licensed facility and

26  all other buildings, beds, and equipment for the provision of

27  the hospital, ambulatory surgical, mobile surgical care,

28  primary care, or comprehensive health care under the dominion

29  and control of the licensee, including offices and locations

30  where the licensed facility offers medical care and treatment

31  to affected patients.

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 1         (13)  "Statutory teaching hospital" or "teaching

 2  hospital" has the same meaning as provided in s. 408.07.

 3         Section 7.  Section 766.402, Florida Statutes, is

 4  created to read:

 5         766.402  Agency approval of patient-safety plans.--

 6         (1)  An eligible hospital that has adopted a

 7  patient-safety plan may petition the agency to enter an order

 8  certifying approval of the hospital as a certified

 9  patient-safety facility.

10         (2)  In accordance with chapter 120, the agency shall

11  enter an order certifying approval of the certified

12  patient-safety facility upon a showing that, in furtherance of

13  an approach to patient safety:

14         (a)  The petitioner has established safety measures for

15  the care and treatment of patients.

16         (b)  The petitioner satisfies requirements for

17  patient-protection measures, as specified in s. 766.403.

18         (c)  The petitioner satisfies all other requirements of

19  ss. 766.401-766.405.

20         (3)  Upon entry of an order approving the petition, the

21  agency may conduct onsite examinations of the licensed

22  facility to assure continued compliance with the terms and

23  conditions of the order.

24         (4)  The order approving a petition under this section

25  remains in effect until revoked. The agency may revoke the

26  order upon reasonable notice to the eligible hospital that it

27  fails to comply with material requirements of s. 766.403 and

28  that the hospital has failed to cure stated deficiencies upon

29  reasonable notice. Revocation of an agency order pursuant to

30  s. 766.403 applies prospectively to any cause of action for

31  

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 1  medical negligence which arises on or after the effective date

 2  of the order of revocation.

 3         (5)  An order approving a petition under this section

 4  is, as a matter of law, conclusive evidence that the hospital

 5  complies with the applicable patient-safety requirements of s.

 6  766.403. A hospital's noncompliance with the requirements of

 7  s. 766.403 does not affect the limitations on damages

 8  conferred by this section. Evidence of noncompliance with s.

 9  766.403 is not admissible for any purpose in any action for

10  medical malpractice. This section, or any portion thereof, may

11  not give rise to an independent cause of action for damages

12  against any hospital.

13         Section 8.  Section 766.403, Florida Statutes, is

14  created to read:

15         766.403  Patient-safety plans.--

16         (1)  In order to satisfy the requirements of s.

17  766.402, the licensed facility shall have a patient-safety

18  plan, which provides that the facility shall:

19         (a)  Have in place a process, either through the

20  facility's patient-safety committee or a similar body, for

21  coordinating the quality control, risk management, and

22  patient-relations functions of the facility and for reporting

23  to the facility's governing board at least quarterly regarding

24  such efforts.

25         (b)  Establish within the facility a system for

26  reporting near misses and agree to submit any information

27  collected to the Florida Patient Safety Corporation. Such

28  information must be submitted by the facility and made

29  available by the Patient Safety Corporation in accordance with

30  s. 381.0271(7).

31  

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 1         (c)  Design and make available to facility staff,

 2  including medical staff, a patient-safety curriculum that

 3  provides lecture and web-based training on recognized

 4  patient-safety principles, which may include training in

 5  communication skills, team-performance assessment and

 6  training, risk-prevention strategies, and best practices and

 7  evidence-based medicine. The licensed facility shall report

 8  annually the programs presented to the agency.

 9         (d)  Implement a program to identify health care

10  providers on the facility's staff who may be eligible for an

11  early-intervention program that provides additional skills

12  assessment and training and offer such training to the staff

13  on a voluntary and confidential basis with established

14  mechanisms to assess program performance and results.

15         (e)  Implement a simulation-based program for skills

16  assessment, training, and retraining of a facility's staff in

17  those tasks and activities that the agency identifies by rule.

18         (f)  Designate a patient advocate who coordinates with

19  members of the medical staff and the facility's chief medical

20  officer regarding the disclosure of adverse medical incidents

21  to patients.  In addition, the patient advocate shall

22  establish an advisory panel, consisting of providers, patients

23  or their families, and other health care consumers or consumer

24  groups to review general patient-safety concerns and other

25  issues related to relations among and between patients and

26  providers and to identify areas where additional education and

27  program development may be appropriate.

28         (g)  Establish a procedure to biennially review the

29  facility's patient-safety program and its compliance with the

30  requirements of this section. Such review shall be conducted

31  by an independent patient-safety organization as defined in s.

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 1  766.1016(1) or other professional organization approved by the

 2  agency. The organization performing the review shall prepare a

 3  written report that contains detailed findings and

 4  recommendations. The report shall be forwarded to the

 5  facility's risk manager or patient-safety officer, who may

 6  make written comments in response. The report and any written

 7  comments shall be presented to the governing board of the

 8  licensed facility. A copy of the report and any of the

 9  facility's responses to the findings and recommendations shall

10  be provided to the agency within 60 days after the date that

11  the governing board reviewed the report.  The report is

12  confidential and exempt from production or discovery in any

13  civil action. Likewise, the report and the information

14  contained therein are not admissible as evidence for any

15  purpose in any action for medical negligence.

16         (h)  Establish a system for the trending and tracking

17  of quality and patient-safety indicators that the agency may

18  identify by rule and a method for review of the data at least

19  semiannually by the facility's patient-safety committee.

20         (2)  This section does not constitute an applicable

21  standard of care in any action for medical negligence or

22  otherwise create a private right of action, and evidence of

23  noncompliance with this section is not admissible for any

24  purpose in any action for medical negligence against any

25  health care provider.

26         (3)  This section does not prohibit the licensed

27  facility from implementing other measures for promoting

28  patient safety within the premises. This section does not

29  relieve the licensed facility from the duty to implement any

30  other patient-safety measure that is required by state law.

31  The Legislature intends that the patient-safety measures

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 1  specified in this section are in addition to all other

 2  patient-safety measures required by state law, federal law,

 3  and applicable accreditation standards for licensed

 4  facilities.

 5         (4)  A review, report, or other document created,

 6  produced, delivered, or discussed pursuant to this section is

 7  not discoverable or admissible as evidence in any legal

 8  action.

 9         Section 9.  Section 766.404, Florida Statutes, is

10  created to read:

11         766.404  Annual report.--

12         (1)  Each certified patient-safety facility shall

13  submit an annual report to the agency containing information

14  and data reasonably required by the agency to evaluate

15  performance and effectiveness of its patient-safety plan.

16  However, information may not be submitted or disclosed in

17  violation of any patient's right to privacy under state or

18  federal law.

19         (2)  The agency shall aggregate information and data

20  submitted by all certified patient-safety facilities, and each

21  year, on or before March 1, the agency shall submit a report

22  to the President of the Senate and the Speaker of the House of

23  Representatives which evaluates the performance and

24  effectiveness of the approach to enhancing patient safety and

25  limiting provider liability in certified patient-safety

26  facilities. The report must include, but need not be limited

27  to, pertinent data concerning:

28         (a)  The number and names of certified patient-safety

29  facilities;

30         (b)  The number and types of patient-protection

31  measures currently in effect in these facilities;

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 1         (c)  The number of affected patients;

 2         (d)  The number of surgical procedures on affected

 3  patients;

 4         (e)  The number of medical incidents, claims of medical

 5  malpractice, and claims resulting in indemnity;

 6         (f)  The average time for resolution of contested and

 7  uncontested claims of medical malpractice;

 8         (g)  The percentage of claims which result in civil

 9  trials;

10         (h)  The percentage of civil trials which result in

11  adverse judgments against affected facilities;

12         (i)  The number and average size of an indemnity paid

13  to claimants;

14         (j)  The estimated liability expense, inclusive of

15  medical liability insurance premiums; and

16         (k)  The percentage of medical liability expense,

17  inclusive of medical liability insurance premiums, which is

18  borne by affected practitioners in certified patient-safety

19  facilities.

20  

21  The report may also include other information and data that

22  the agency deems appropriate to gauge the cost and benefit of

23  patient-safety plans.

24         (3)  The agency's annual report to the President of the

25  Senate and the Speaker of the House of Representatives may

26  include relevant information and data obtained from the Office

27  of Insurance Regulation within the Department of Financial

28  Services concerning the availability and affordability of

29  enterprise-wide medical liability insurance coverage for

30  affected facilities and the availability and affordability of

31  insurance policies for individual practitioners which contain

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 1  coverage exclusions for acts of medical negligence in

 2  facilities that indemnify health practitioners. The Office of

 3  Insurance Regulation shall cooperate with the agency in the

 4  reporting of information and data specified in this

 5  subsection.

 6         (4)  Reports submitted to the agency by certified

 7  patient-safety facilities pursuant to this section are public

 8  records under chapter 119.  However, these reports, and the

 9  information contained therein, are not admissible as evidence

10  in a court of law in any action.

11         Section 10.  Section 766.405, Florida Statutes, is

12  created to read:

13         766.405  Damages in malpractice actions against certain

14  hospitals that meet patient-safety requirements; agency

15  approval of patient-safety measures.--

16         (1)  In recognition of their essential role in training

17  future health care providers and in providing innovative

18  medical care for this state's residents, in recognition of

19  their commitment to treating indigent patients, and further in

20  recognition that teaching hospitals, as defined in s. 408.07,

21  provide benefits to the residents of this state through their

22  roles in improving the quality of medical care, training of

23  health care providers, and caring for indigent patients, the

24  limits of liability for medical malpractice arising out of the

25  rendering of, or the failure to render, medical care by all

26  such hospitals shall be determined in accordance with the

27  requirements of this section.

28         (2)  Upon entry of an order and for the entire period

29  of time that the order remains in effect, the damages

30  recoverable from an eligible hospital covered by the order and

31  from its employees and agents in actions arising from medical

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    Florida Senate - 2006                                  SB 2160
    37-1109B-06




 1  negligence shall be determined in accordance with the

 2  following provisions:

 3         (a)  Noneconomic damages shall be limited to a maximum

 4  of $500,000, regardless of the number of claimants, number of

 5  claims, or the theory of liability pursuant to s. 766.118(6).

 6         (b)  Awards of economic damages shall be offset by

 7  payments from collateral sources, as defined by s. 766.202(2),

 8  and any set-offs available under ss. 46.015 and 768.041.

 9  Awards for future economic losses shall be offset by future

10  collateral source payments.

11         (c)  After being offset by collateral sources, awards

12  of future economic damages shall, at the option of the

13  eligible hospital, be reduced by the court to present value or

14  paid through periodic payments in the form of an annuity or a

15  reversionary trust. A company that underwrites an annuity to

16  pay future economic damages shall have a rating of "A" or

17  higher by A.M. Best Company. The terms of the reversionary

18  instrument used to periodically pay future economic damages

19  must be approved by the court. Such approval may not be

20  unreasonably withheld.

21         (3)  The limitations on damages in subsection (2) apply

22  prospectively to causes of action for medical negligence which

23  arise on or after the effective date of the order.

24         Section 11.  Section 766.406, Florida Statutes, is

25  created to read:

26         766.406  Rulemaking authority.--The agency may adopt

27  rules to administer ss. 766.401-766.405.

28         Section 12.  If any provision of this act or its

29  application to any person or circumstance is held invalid, the

30  invalidity does not affect other provisions or applications of

31  the act which can be given effect without the invalid

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    Florida Senate - 2006                                  SB 2160
    37-1109B-06




 1  provision or application, and to this end, the provisions of

 2  this act are severable.

 3         Section 13.  If a conflict exists between any provision

 4  of this act and s. 456.052, s. 456.053, s. 456.054, s.

 5  458.331, s. 459.015, or s. 817.505, Florida Statutes, the

 6  provisions of this act shall govern. The provisions of this

 7  act shall be broadly construed in furtherance of the

 8  overriding legislative intent to facilitate innovative

 9  approaches for enhancing patient protection and limiting

10  provider liability in eligible hospitals.

11         Section 14.  It is the intention of the Legislature

12  that the provisions of this act are self-executing.

13         Section 15.  This act shall take effect upon becoming a

14  law.

15  

16            *****************************************

17                          SENATE SUMMARY

18    Creates the Patient Safety and Provider Liability Act.
      Requires hospitals that assume liability for acts of
19    medical negligence under the act to carry insurance.
      Authorizes an eligible hospital to petition the Agency
20    for Health Care Administration to enter an order
      certifying the hospital as a patient-safety facility.
21    Provides requirements for certification as a
      patient-safety facility. Authorizes the agency to enter
22    an order certifying a hospital as a patient-safety
      facility and providing that the hospital bears liability
23    for acts of medical negligence for its health care
      providers or an agent of the hospital. Authorizes the
24    agency to conduct onsite examinations of a licensed
      facility. Provides circumstances when the agency may
25    revoke its order certifying approval of an enterprise
      plan. Requires a certified patient-safety facility to
26    submit an annual report to the agency and the
      Legislature. Authorizes certain teaching hospitals and
27    eligible hospitals to petition the agency for
      certification. Provides for limitations on damages for
28    eligible hospitals that are certified for compliance with
      certain patient-safety measures. (See bill for details.)
29  

30  

31  

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