| 1 | A bill to be entitled |
| 2 | An act relating to community behavioral health agencies; |
| 3 | creating s. 394.9085, F.S.; providing that certain |
| 4 | facilities or programs have liability limits in tort |
| 5 | actions under certain circumstances; limiting net economic |
| 6 | damages allowed per claim; requiring that damages be |
| 7 | offset by collateral source payment in accordance with s. |
| 8 | 768.76, F.S.; providing for claims bills to be filed with |
| 9 | the Legislature; requiring that costs to defend actions be |
| 10 | assumed by the provider or its insurer; specifying |
| 11 | occasions upon which immunities enjoyed by the provider |
| 12 | extend to the employee; requiring that providers obtain |
| 13 | and maintain specified liability coverage; specifying that |
| 14 | persons providing contractual services to the state are |
| 15 | not considered agents or employees under ch. 440, F.S.; |
| 16 | providing for an annual increase in the conditional |
| 17 | limitations on damages; providing definitions; providing |
| 18 | an effective date. |
| 19 |
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| 20 | Be It Enacted by the Legislature of the State of Florida: |
| 21 |
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| 22 | Section 1. Section 394.9085, Florida Statutes, is created |
| 23 | to read: |
| 24 | 394.9085 Behavioral provider liability.-- |
| 25 | (1) In any tort action based on services provided for |
| 26 | crisis stabilization brought against a detoxification program, |
| 27 | an addictions receiving facility, or a designated public |
| 28 | receiving facility, net economic damages shall be limited to $1 |
| 29 | million per liability claim, including, but not limited to, past |
| 30 | and future medical expenses, wage loss, and loss of earning |
| 31 | capacity, offset by any collateral source payment paid in |
| 32 | accordance with s. 768.76. In any tort action based on services |
| 33 | provided for crisis stabilization brought against any |
| 34 | detoxification program, an addictions receiving facility, or a |
| 35 | designated public receiving facility, noneconomic damages shall |
| 36 | be limited to $200,000 per claim. Any claim may be settled up to |
| 37 | policy limits without further act of the Legislature. A claims |
| 38 | bill may be brought on behalf of a claimant pursuant to s. |
| 39 | 768.28 for any amount exceeding the limits specified in this |
| 40 | subsection. Any costs in defending actions brought under this |
| 41 | section shall be assumed by the provider or its insurer. |
| 42 | (2) The liability of a detoxification program, an |
| 43 | addictions receiving facility, or any designated public |
| 44 | receiving facility shall be exclusive and in place of all other |
| 45 | liability of such provider. The same immunities from liability |
| 46 | enjoyed by such providers extend as well to each employee of the |
| 47 | provider when the employee is acting in furtherance of the |
| 48 | provider's responsibilities under its contract with the |
| 49 | department. Such immunities do not apply to a provider or |
| 50 | employee who acts in a culpably negligent manner or with willful |
| 51 | and wanton disregard or unprovoked physical aggression if such |
| 52 | acts result in injury or death. |
| 53 | (3) The eligible provider under this section must, as part |
| 54 | of its contract, obtain and maintain a minimum of $1 million per |
| 55 | claim and $3 million per incident in general liability coverage. |
| 56 | (4) This section does not designate a person who provides |
| 57 | contracted services to the department as an employee or agent of |
| 58 | the state for purposes of chapter 440. |
| 59 | (5) The Legislature is cognizant of the increasing costs |
| 60 | of goods and services each year and recognizes that fixing a set |
| 61 | amount of compensation actually has the effect of a reduction in |
| 62 | compensation each year. Accordingly, the conditional limitations |
| 63 | on damages in this section shall be increased at the rate of 5 |
| 64 | percent each year, prorated from July 1, 2006, to the date at |
| 65 | which damages subject to such limitations are awarded by final |
| 66 | judgment or settlement. |
| 67 | (6) For purposes of this section, the terms |
| 68 | "detoxification program," "addictions receiving facility," and |
| 69 | "receiving facility" have the same meanings as those provided in |
| 70 | ss. 397.311(18)(b), 397.311(18)(a), and 394.455(26), |
| 71 | respectively. |
| 72 | Section 2. This act shall take effect July 1, 2006. |