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. |