Florida Senate - 2007                      COMMITTEE AMENDMENT
    Bill No. SB 2012
                        Barcode 474706
                            CHAMBER ACTION
              Senate                               House
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 1           Comm: 1/FAV           .                    
       03/14/2007 12:38 PM         .                    
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11  The Committee on Higher Education (Oelrich) recommended the
12  following amendment:
13  
14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Section 1004.24, Florida Statutes, is
19  amended to read:
20         1004.24  Board of Governors State Board of Education
21  authorized to secure liability insurance.--
22         (1)  The Board of Governors State Board of Education is
23  authorized to secure, or otherwise provide as a self-insurer,
24  or by a combination thereof, comprehensive general liability
25  insurance, including professional liability for health care
26  and veterinary sciences, for:
27         (a)  The Board of Governors State Board of Education
28  and its officers and members.
29         (b)  A university board of trustees and its officers
30  and members.
31         (c)  The faculty and other employees and agents of a
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Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2012 Barcode 474706 1 university board of trustees. 2 (d) The students of a state university. 3 (e) A state university or any college, school, 4 institute, center, or program thereof. 5 (f) Any not-for-profit corporation organized pursuant 6 to chapter 617, and the directors, officers, employees, and 7 agents thereof, which is affiliated with a state university, 8 if the corporation is operated for the benefit of the state 9 university in a manner consistent with the best interests of 10 the state, and if such participation is approved by a 11 self-insurance program council, the university president, and 12 the board of trustees. 13 (2) In the event the Board of Governors State Board of 14 Education adopts a self-insurance program, a governing council 15 chaired by the vice president for health affairs or his or her 16 academic equivalent shall be established to administer the 17 program and its duties and responsibilities, including the 18 administration of self-insurance program assets and 19 expenditure policies, which shall be defined by in rules 20 adopted by the Board of Governors as authorized by this 21 section. The council shall have an annual actuary review 22 performed to establish funding requirements to maintain the 23 fiscal integrity of the self-insurance program. The assets of 24 a self-insurance program shall be deposited outside the State 25 Treasury and shall be administered in accordance with rules as 26 authorized by this section. 27 (3) Any self-insurance program created under this 28 section shall be funded by the entities and individuals 29 protected by such program. There shall be no funds 30 appropriated to any self-insurance program. The assets of the 31 self-insurance program shall be the property of the Board of 2 8:37 AM 03/13/07 s2012d-he14-t02
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2012 Barcode 474706 1 Governors State Board of Education and shall be used only to 2 pay the administrative expenses of the self-insurance program 3 and to pay any claim, judgment, or claims bill arising out of 4 activities for which the self-insurance program was created. 5 Investment income that is in excess of that income necessary 6 to ensure the solvency of a self-insurance program as 7 established by a casualty actuary may be used to defray the 8 annual contribution paid into the program by the entities and 9 individuals protected by the program. 10 (4) No self-insurance program adopted by the Board of 11 Governors State Board of Education may sue or be sued. The 12 claims files of any such program are privileged and 13 confidential, exempt from the provisions of s. 119.07(1), and 14 are only for the use of the program in fulfilling its duties. 15 Physicians, health care providers, and other agents or 16 employees of participants in a self-insurance program, as 17 described in this section, are authorized to discuss patient 18 care information for the purposes of quality improvement, 19 incident investigation, and claim defense with self-insurance 20 program council members, staff, and attorneys retained by the 21 self-insurance program, and such communications do not 22 constitute a violation of any statute or rule relating to 23 patient privacy or confidentiality. Any self-insurance trust 24 fund and revenues generated by that fund shall only be used to 25 pay claims and administration expenses. 26 (5) Each self-insurance program council shall make 27 provision for an annual financial audit pursuant to s. 11.45 28 of its accounts to be conducted by an independent certified 29 public accountant. The annual audit report must include a 30 management letter and shall be submitted to the Board of 31 Governors State Board of Education for review. The Board of 3 8:37 AM 03/13/07 s2012d-he14-t02
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2012 Barcode 474706 1 Governors State Board of Education shall have the authority to 2 require and receive from the self-insurance program council or 3 from its independent auditor any detail or supplemental data 4 relative to the operation of the self-insurance program. 5 (6) The Board of Governors State Board of Education 6 may adopt make such rules as are necessary to carry out the 7 provisions of this section. 8 Section 2. Subsection (3) of section 1004.43, Florida 9 Statutes, is amended to read: 10 1004.43 H. Lee Moffitt Cancer Center and Research 11 Institute.--There is established the H. Lee Moffitt Cancer 12 Center and Research Institute at the University of South 13 Florida. 14 (3) The Board of Governors State Board of Education is 15 authorized to secure comprehensive general liability 16 protection, including professional liability protection, for 17 the not-for-profit corporation and its subsidiaries pursuant 18 to s. 1004.24. The not-for-profit corporation and its 19 subsidiaries shall be exempt from any participation in any 20 property insurance trust fund established by law, including 21 any property insurance trust fund established pursuant to 22 chapter 284, so long as the not-for-profit corporation and its 23 subsidiaries maintain property insurance protection with 24 comparable or greater coverage limits. 25 Section 3. Subsection (4) of section 1004.445, Florida 26 Statutes, is amended to read: 27 1004.445 Johnnie B. Byrd, Sr., Alzheimer's Center and 28 Research Institute.-- 29 (4) The Board of Governors State Board of Education is 30 authorized to secure comprehensive general liability 31 protection, including professional liability protection, for 4 8:37 AM 03/13/07 s2012d-he14-t02
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2012 Barcode 474706 1 the not-for-profit corporation and its subsidiaries, pursuant 2 to s. 1004.24. The not-for-profit corporation and its 3 subsidiaries shall be exempt from any participation in any 4 property insurance trust fund established by law, including 5 any property insurance trust fund established pursuant to 6 chapter 284, so long as the not-for-profit corporation and its 7 subsidiaries maintain property insurance protection with 8 comparable or greater coverage limits. 9 Section 4. Section 1012.965, Florida Statutes, is 10 amended to read: 11 1012.965 Payment of costs of civil action against 12 employees; legal status of employees and agents of university 13 board of trustees and university faculty practice plan 14 entities.-- 15 (1) An employee or agent under the right of control of 16 a university board of trustees who, pursuant to the university 17 board's policies or rules, renders medical care or treatment 18 at any hospital or health care facility with which the 19 university board maintains an affiliation agreement whereby 20 the hospital or health care facility provides to the 21 university board a clinical setting for health care education, 22 research, and services, shall not be deemed to be an agent of 23 any person other than the university board in any civil action 24 resulting from any act or omission of the employee or agent 25 while rendering said medical care or treatment. For this 26 subsection to apply, the patient shall be provided separate 27 written conspicuous notice by the university board of trustees 28 or by the hospital or health care facility, and shall 29 acknowledge receipt of this notice, in writing, unless 30 impractical by reason of an emergency, either personally or 31 through another person authorized to give consent for him or 5 8:37 AM 03/13/07 s2012d-he14-t02
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2012 Barcode 474706 1 her, that he or she will receive care provided by university 2 board's employees and liability, if any, that may arise from 3 that care is limited as provided by law. Compliance by a 4 hospital or health care facility with the requirements of 5 chapter 395 or s. 766.110(1) shall not be used as evidence in 6 any civil action to establish an employment or agency 7 relationship between the hospital or health care facility and 8 an employee or agent of the university board of trustees 9 providing services within the hospital or health care 10 facility. 11 (2) A university board of trustees shall have the 12 unconditional right and shall be permitted to intervene in any 13 civil action for medical negligence filed against an 14 affiliated hospital or health care facility when an employee 15 or agent of a university board of trustees delivered care at 16 such affiliated hospital or health care facility to the 17 patient whose care is at issue in the civil action. For the 18 purpose of ruling on a university's motion to intervene, the 19 court shall accept as conclusive a university's assertion that 20 a person is or was an employee or agent of its board of 21 trustees; however, ultimate resolution of the actual agency 22 status of the person is a factual issue to be determined 23 during the civil action in accordance with established rules 24 of court. 25 (3) Each faculty practice plan entity of a university 26 functions as the university's agent for the orderly collection 27 and administration of income generated from university faculty 28 practice activities that are part of the university board's 29 provision of a clinical setting for health care education, 30 research, and services, which setting is governed by the 31 university board and its rules. A university's faculty 6 8:37 AM 03/13/07 s2012d-he14-t02
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2012 Barcode 474706 1 practice plan entity is not and shall not be a provider of 2 medical services or an employer of any faculty physicians or 3 other health care professionals and does not have a 4 partnership, joint venture, association, employment, or agency 5 relationship with any university faculty physicians or other 6 health care professionals. 7 (4)(2) All faculty physicians employed by a university 8 board of trustees who are subject to the requirements of s. 9 456.013 shall complete their risk management continuing 10 education on issues specific to academic medicine. Such 11 continuing education shall include instruction for the 12 supervision of resident physicians as required by the 13 Accreditation Council for Graduate Medical Education. The 14 boards described in s. 456.013 shall adopt rules to implement 15 the provisions of this subsection. 16 (5)(3) There are appropriated out of any funds 17 available to a university, not subject to the obligation of 18 contract, covenant, or trust, the amounts necessary to carry 19 out the purposes of this section. 20 (6)(4) Failure of a university board of trustees or an 21 affiliated health care provider to do any act authorized by 22 this section shall not constitute a cause of action against 23 the university board, or an affiliated health care provider, 24 or any of their members, officers, or employees. 25 Section 5. This act shall take effect July 1, 2007. 26 27 28 ================ T I T L E A M E N D M E N T =============== 29 And the title is amended as follows: 30 Delete everything before the enacting clause 31 7 8:37 AM 03/13/07 s2012d-he14-t02
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2012 Barcode 474706 1 and insert: 2 A bill to be entitled 3 An act relating to state universities; amending 4 s. 1004.24, F.S.; transferring responsibility 5 for securing liability insurance from the State 6 Board of Education to the Board of Governors; 7 authorizing discussion of patient care 8 information for certain purposes; amending ss. 9 1004.43 and 1004.445, F.S.; conforming 10 provisions; amending s. 1012.965, F.S.; 11 authorizing a university board of trustees to 12 intervene in a civil action for medical 13 negligence under certain circumstances; 14 providing legal status of employees and agents 15 of a university board of trustees and 16 university faculty practice plan entities; 17 providing an effective date. 18 19 20 21 22 23 24 25 26 27 28 29 30 31 8 8:37 AM 03/13/07 s2012d-he14-t02