HB 0595CS


1The Health Care Appropriations Committee recommends the
4     Council/Committee Substitute
5     Remove the entire bill and insert:
A bill to be entitled
7An act relating to community behavioral health agencies;
8creating s. 394.9085, F.S.; providing that certain
9facilities or programs have liability limits in negligence
10actions under certain circumstances; limiting net economic
11damages allowed per claim; requiring that damages be
12offset by collateral source payment in accordance with s.
13768.76, F.S.; requiring that costs to defend actions be
14assumed by the provider or its insurer; specifying
15occasions upon which the limitations on liability enjoyed
16by the provider extend to the employee; requiring that
17providers obtain and maintain specified liability
18coverage; specifying that persons providing contractual
19services to the state are not considered agents or
20employees under ch. 440, F.S.; providing for an annual
21increase in the conditional limitations on damages;
22providing definitions; providing construction; preserving
23sovereign immunity for governmental units and entities
24protected by sovereign immunity; providing an effective
27Be It Enacted by the Legislature of the State of Florida:
29     Section 1.  Section 394.9085, Florida Statutes, is created
30to read:
31     394.9085  Behavioral provider liability.--
32     (1)(a)  In any negligence action for damages for personal
33injury or wrongful death arising out of the provision of
34services for crisis stabilization brought against a
35detoxification program, an addictions receiving facility, or a
36designated public receiving facility, net economic damages shall
37be limited to $1 million per liability claim, including, but not
38limited to, past and future medical expenses, wage loss, and
39loss of earning capacity. In computing net economic damages,
40such damages shall be offset by any collateral source payment
41paid in accordance with s. 768.76.
42     (b)  In any negligence action for damages for personal
43injury or wrongful death arising out of the provision of
44services for crisis stabilization brought against any
45detoxification program, an addictions receiving facility, or a
46designated public receiving facility, noneconomic damages shall
47be limited to $200,000 per claim.
48     (c)  Any costs in defending actions brought under this
49section shall be assumed by the provider or its insurer.
50     (2)  The limitations on liability of a detoxification
51program, an addictions receiving facility, or any designated
52public receiving facility as described in subsection (1) shall
53be exclusive. Such limitations apply to each employee of the
54provider when the employee is acting in furtherance of the
55provider's responsibilities under its contract with the
56department. Such limitations do not apply to a provider or
57employee who acts in a culpably negligent manner or with willful
58and wanton disregard or unprovoked physical aggression if such
59acts result in injury or death.
60     (3)  The eligible provider under this section must, as part
61of its contract, obtain and maintain an insurance policy
62providing a minimum of $1 million per claim and $3 million per
63incident in coverage for claims described in subsection (1).
64     (4)  This section does not designate a person who provides
65contracted services to the department as an employee or agent of
66the state for purposes of chapter 440.
67     (5)  The Legislature is cognizant of the increasing costs
68of goods and services each year and recognizes that fixing a set
69amount of compensation actually has the effect of a reduction in
70compensation each year. Accordingly, the conditional limitations
71on damages in this section shall be increased at the rate of 5
72percent each year, prorated from July 1, 2006, to the date at
73which damages subject to such limitations are awarded by final
74judgment or settlement.
75     (6)  For purposes of this section, the terms
76"detoxification program," "addictions receiving facility," and
77"receiving facility" have the same meanings as those provided in
78ss. 397.311(18)(b), 397.311(18)(a), and 394.455(26),
80     (7)  This section shall not be construed to waive sovereign
81immunity for any governmental unit or other entity protected by
82sovereign immunity. Section 768.28 shall continue to apply to
83all governmental units and such entities.
84     Section 2.  This act shall take effect July 1, 2006.

CODING: Words stricken are deletions; words underlined are additions.