Senate Bill sb0280c1

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    Florida Senate - 2006                            CS for SB 280

    By the Committee on Health and Human Services Appropriations;
    and Senators Fasano and Lynn




    603-2305-06

  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 have

  5         liability limits in negligence actions under

  6         certain circumstances; limiting net economic

  7         damages allowed per claim; requiring that

  8         damages be offset by collateral source payment

  9         in accordance with s. 768.76, F.S.; requiring

10         that costs to defend actions be assumed by the

11         provider or its insurer; specifying occasions

12         upon which the limitations on liability enjoyed

13         by the provider extend to the employee;

14         requiring that providers obtain and maintain

15         specified liability coverage; specifying that

16         persons providing contractual services to the

17         state are not considered agents or employees

18         under ch. 440, F.S.; providing for an annual

19         increase in the conditional limitations on

20         damages; providing definitions; providing

21         construction; preserving sovereign immunity for

22         governmental units and entities protected by

23         sovereign immunity; providing an effective

24         date.

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

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28         Section 1.  Section 394.9085, Florida Statutes, is

29  created to read:

30         394.9085  Behavioral provider liability.--

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    Florida Senate - 2006                            CS for SB 280
    603-2305-06




 1         (1)(a)  In any negligence action for damages for

 2  personal injury or wrongful death arising out of the provision

 3  of services for crisis stabilization brought against a

 4  detoxification program, an addictions receiving facility, or a

 5  designated public receiving facility, net economic damages

 6  shall be limited to $1 million per liability claim, including,

 7  but not limited to, past and future medical expenses, wage

 8  loss, and loss of earning capacity. In computing net economic

 9  damages, such damages shall be offset by any collateral source

10  payment paid in accordance with s. 768.76.

11         (b)  In any negligence action for damages for personal

12  injury or wrongful death arising out of the provision of

13  services for crisis stabilization brought against any

14  detoxification program, an addictions receiving facility, or a

15  designated public receiving facility, noneconomic damages

16  shall be limited to $200,000 per claim.

17         (c)  Any costs in defending actions brought under this

18  section shall be assumed by the provider or its insurer.

19         (2)  The limitations on liability of a detoxification

20  program, an addictions receiving facility, or any designated

21  public receiving facility as described in subsection (1) shall

22  be exclusive. Such limitations apply to each employee of the

23  provider when the employee is acting in furtherance of the

24  provider's responsibilities under its contract with the

25  department. Such limitations do not apply to a provider or

26  employee who acts in a culpably negligent manner or with

27  willful and wanton disregard or unprovoked physical aggression

28  if such acts result in injury or death.

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

30  part of its contract, obtain and maintain an insurance policy

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    Florida Senate - 2006                            CS for SB 280
    603-2305-06




 1  providing a minimum of $1 million per claim and $3 million per

 2  incident in coverage for claims described in subsection (1).

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

 4  provides contracted services to the department as an employee

 5  or agent of the state for purposes of chapter 440.

 6         (5)  The Legislature is cognizant of the increasing

 7  costs of goods and services each year and recognizes that

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

 9  a reduction in compensation each year. Accordingly, the

10  conditional limitations on damages in this section shall be

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

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

13  limitations are awarded by final judgment or settlement.

14         (6)  For purposes of this section, the terms

15  "detoxification program," "addictions receiving facility," and

16  "receiving facility" have the same meanings as those provided

17  in ss. 397.311(18)(b), 397.311(18)(a), and 394.455(26),

18  respectively.

19         (7)  This section does not waive sovereign immunity for

20  any governmental unit or other entity protected by sovereign

21  immunity. Section 768.28 shall continue to apply to all

22  governmental units and such entities.

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

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    Florida Senate - 2006                            CS for SB 280
    603-2305-06




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 280

 3                                 

 4  Clarifies that the bill applies to negligence actions arising
    out of the provision of crisis stabilization services.
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    Removes the provision allowing the filing of a claims bill.
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    Clarifies that the required insurance coverage is for paying
 7  claims arising out of negligence actions.

 8  Clarifies that the newly created s. 394.9085, F.S., is not to
    be construed to waive sovereign immunity for any governmental
 9  unit or other entity protected by sovereign immunity, and that
    s. 768.28, F.S., shall continue to apply to all governmental
10  units and such entities.

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