Senate Bill sb0280

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    Florida Senate - 2006        (Corrected Copy)           SB 280

    By Senator Fasano





    11-401-06

  1                      A bill to be entitled

  2         An act relating to community behavioral health

  3         agencies; creating s. 394.9085, F.S.; providing

  4         that certain facilities or programs defined in

  5         chs. 394 and 397, F.S., have liability limits

  6         in tort actions under certain circumstances;

  7         limiting net economic damages allowed per

  8         claim; requiring that damages be offset by

  9         collateral-source payment in accordance with s.

10         768.76, F.S.; providing for claims bills to be

11         filed with the Legislature; requiring that

12         costs to defend actions be assumed by the

13         provider or its insurer; specifying occasions

14         upon which immunities enjoyed by the provider

15         extend to the employee; requiring that

16         providers obtain and maintain specified

17         liability coverage; specifying that persons

18         providing contractual services to the state are

19         not considered agents or employees under ch.

20         440, F.S.; providing for an annual increase in

21         the conditional limitations on damages;

22         providing an effective date.

23  

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

25  

26         Section 1.  Section 394.9085, Florida Statutes, is

27  created to read:

28         394.9085  Behavioral provider liability.--

29         (1)  In any tort action based on services provided for

30  crisis stabilization brought against a detoxification program

31  as defined in s. 397.311(18)(b), an addictions receiving

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    Florida Senate - 2006        (Corrected Copy)           SB 280
    11-401-06




 1  facility as defined in s. 397.311(18)(a), or a designated

 2  public receiving facility as defined in s. 394.455(26), net

 3  economic damages shall be limited to $1 million per liability

 4  claim, including, but not limited to, past and future medical

 5  expenses, wage loss, and loss of earning capacity, offset by

 6  any collateral source payment paid in accordance with s.

 7  768.76. In any tort action based on services provided for

 8  crisis stabilization brought against any detoxification

 9  program as defined in s. 397.311(18)(b), an addictions

10  receiving facility as defined in s. 397.311(18)(a), or a

11  designated public receiving facility as defined in s.

12  394.455(26), noneconomic damages shall be limited to $200,000

13  per claim. Any claim may be settled up to policy limits

14  without further act of the Legislature. A claims bill may be

15  brought on behalf of a claimant pursuant to s. 768.28 for any

16  amount exceeding the limits specified in this subsection. Any

17  costs in defending actions brought under this section shall be

18  assumed by the provider or its insurer.

19         (2)  The liability of a detoxification program as

20  defined in s. 397.311(18)(b), an addictions receiving facility

21  as defined in s. 397.311(18)(a), or any designated public

22  receiving facility as defined in s. 394.455(26) shall be

23  exclusive and in place of all other liability of such

24  provider. The same immunities from liability enjoyed by such

25  providers extend as well to each employee of the provider when

26  the employee is acting in furtherance of the provider's

27  responsibilities under its contract with the department. Such

28  immunities do not apply to a provider or employee who acts in

29  a culpably negligent manner or with willful and wanton

30  disregard or unprovoked physical aggression if such acts

31  result in injury or death.

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    Florida Senate - 2006        (Corrected Copy)           SB 280
    11-401-06




 1         (3)  The eligible provider under this section must, as

 2  part of its contract, obtain and maintain a minimum of $1

 3  million per claim and $3 million per incident in general

 4  liability coverage.

 5         (4)  This section does not designate a person who

 6  provides contracted services to the Department of Children and

 7  Family Services as an employee or agent of the state for

 8  purposes of chapter 440.

 9         (5)  The Legislature is cognizant of the increasing

10  costs of goods and services each year and recognizes that

11  fixing a set amount of compensation actually has the effect of

12  a reduction in compensation each year. Accordingly, the

13  conditional limitations on damages in this section shall be

14  increased at the rate of 5 percent each year, prorated from

15  July 1, 2006, to the date at which damages subject to such

16  limitations are awarded by final judgment or settlement.

17         Section 2.  This act shall take effect July 1, 2006.

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20                          SENATE SUMMARY

21    Limits the liability of a detoxification program, an
      addictions receiving facility, or a designated public
22    receiving facility to $1 million per claim. Requires that
      providers maintain a minimum amount of liability coverage
23    of $1 million per claim and $3 million per incident. (See
      bill for details.)
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