Senate Bill sb0908

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    Florida Senate - 2007                                   SB 908

    By Senator Saunders





    37-429B-07

  1                      A bill to be entitled

  2         An act relating to patient safety; creating the

  3         "Patient Safety and Provider Liability Act";

  4         providing legislative findings; amending s.

  5         766.110, F.S.; specifying certain authorized

  6         insurers who may make available liability

  7         insurance; authorizing a facility to assess a

  8         portion of such costs to a covered individual

  9         or provider; amending s. 766.118, F.S.;

10         providing a limitation on noneconomic damages

11         for a hospital facility that complies with

12         certain patient-safety measures; creating s.

13         766.401, F.S.; providing definitions; creating

14         s. 766.402, F.S.; authorizing an eligible

15         hospital to petition the agency for an order

16         certifying the hospital as a certified

17         patient-safety facility; providing requirements

18         for certification as a patient-safety facility;

19         authorizing the agency to conduct onsite

20         examinations; providing for revocation of an

21         order certifying approval of a certified

22         patient-safety facility; providing that an

23         order certifying the approval of a certified

24         patient-safety facility is conclusive evidence

25         of compliance with statutory patient-safety

26         requirements; providing that evidence of

27         noncompliance is not admissible for any action

28         for medical malpractice; creating s. 766.403,

29         F.S.; providing requirements for a hospital to

30         demonstrate that it is engaged in a common

31         enterprise for the care and treatment of

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 1         patients; specifying required patient-safety

 2         measures; providing that a report or document

 3         generated under the act is not admissible or

 4         discoverable as evidence; creating s. 766.404,

 5         F.S.; requiring a certified patient-safety

 6         facility to submit an annual report to the

 7         Agency for Health Care Administration and the

 8         Legislature; providing requirements for the

 9         annual report; providing that the annual report

10         may include certain information from the Office

11         of Insurance Regulation within the Department

12         of Financial Services; providing that the

13         annual report is subject to public-records

14         requirements but is not admissible as evidence

15         in a legal proceeding; creating s. 766.405,

16         F.S.; providing for limitations on damages for

17         eligible hospitals that are certified for

18         compliance with certain patient-safety measures

19         and certain faculty physicians on staff at

20         those hospitals; providing that limitations on

21         liability apply to certain causes of action;

22         creating s. 766.406, F.S.; providing rulemaking

23         authority for the Agency for Health Care

24         Administration; amending s. 768.77, F.S.;

25         requiring that items for future economic losses

26         that are awarded to a claimant be itemized;

27         providing appropriations and additional

28         positions; providing an effective date.

29  

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

31  

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 1         Section 1.  This act may be cited as the "Patient

 2  Safety and Provider Liability Act."

 3         Section 2.  Legislative findings.--The Legislature

 4  finds that:

 5         (1)  This state is in the midst of a prolonged medical

 6  malpractice insurance crisis that has serious adverse effects

 7  on patients, practitioners, licensed health care facilities,

 8  and all residents of this state.

 9         (2)  Hospitals are central components of the modern

10  health care delivery system.

11         (3)  The medical malpractice insurance crisis in this

12  state can be alleviated by adopting innovative approaches for

13  patient safety in teaching hospitals, which can lead to a

14  reduction in medical errors coupled with a limitation on

15  noneconomic damages that can be awarded against a teaching

16  hospital implementing such innovative approaches.

17         (4)  Statutory incentives are necessary to facilitate

18  innovative approaches for patient safety in hospitals and that

19  such incentives and patient-safety measures will benefit all

20  persons seeking health care services in this state.

21         (5)  Coupling patient safety measures and a limitation

22  on provider liability in teaching hospitals will lead to a

23  reduction in the frequency and severity of incidents of

24  medical malpractice in hospitals.

25         (6)  A reduction in the frequency and severity of

26  incidents of medical malpractice in hospitals will reduce

27  attorney's fees and other expenses inherent in the medical

28  liability system.

29         (7)  There is no alternative method that addresses the

30  overwhelming public necessity to implement patient-safety

31  measures and limit provider liability.

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 1         (8)  Making high-quality health care available to the

 2  residents of this state is an overwhelming public necessity.

 3         (9)  Medical education in this state is an overwhelming

 4  public necessity.

 5         (10)  That statutory teaching hospitals are essential

 6  for high-quality medical care and medical education in this

 7  state.

 8         (11)  The critical mission of statutory teaching

 9  hospitals is severely undermined by the ongoing medical

10  malpractice crisis.

11         (12)  Teaching hospitals are appropriate health care

12  facilities for implementing innovative approaches to enhancing

13  patient safety and limiting provider liability.

14         (13)  There is an overwhelming public necessity to

15  impose reasonable limitations on actions for medical

16  malpractice against teaching hospitals in furtherance of the

17  critical public interest in promoting access to high-quality

18  medical care, medical education, and innovative approaches to

19  patient safety and provider liability.

20         (14)  There is an overwhelming public necessity for

21  teaching hospitals to implement innovative measures for

22  patient safety and limit provider liability in order to

23  generate empirical data for state policymakers concerning the

24  effectiveness of these measures. Such data may lead to broader

25  application of these measures in a wider array of hospitals

26  after a reasonable period of evaluation and review.

27         (15)  There is an overwhelming public necessity to

28  promote the academic mission of teaching hospitals.

29  Furthermore, the Legislature finds that the academic mission

30  of these medical facilities is materially enhanced by

31  statutory authority for implementing innovative approaches to

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 1  promoting patient safety and limiting provider liability. Such

 2  approaches can be carefully studied and learned by medical

 3  students, medical school faculty, and affiliated physicians in

 4  appropriate clinical settings, thereby enlarging the body of

 5  knowledge concerning patient safety and provider liability

 6  which is essential for advancing patient safety, reducing

 7  expenses inherent in the medical liability system, and

 8  curtailing the medical malpractice insurance crisis in this

 9  state.

10         Section 3.  Subsection (2) of section 766.110, Florida

11  Statutes, is amended to read:

12         766.110  Liability of health care facilities.--

13         (2)  Every hospital licensed under chapter 395 may

14  carry liability insurance or adequately insure itself in an

15  amount of not less than $1.5 million per claim, $5 million

16  annual aggregate to cover all medical injuries to patients

17  resulting from negligent acts or omissions on the part of

18  those members of its medical staff who are covered thereby in

19  furtherance of the requirements of ss. 458.320 and 459.0085.

20  Self-insurance Coverage extended hereunder to a member of a

21  hospital's medical staff meets the financial responsibility

22  requirements of ss. 458.320 and 459.0085 if the physician's

23  coverage limits are not less than the minimum limits

24  established in ss. 458.320 and 459.0085 and the hospital is a

25  verified trauma center that has extended self-insurance

26  coverage continuously to members of its medical staff for

27  activities both inside and outside of the hospital. Any

28  authorized insurer or approved insurer as defined in s.

29  626.914(2), risk retention group as defined in s. 627.942, or

30  joint underwriting association established under s. 627.351(4)

31  which is authorized or approved to write casualty insurance

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 1  may make available, but is shall not be required to write, any

 2  such coverage authorized under this section. The hospital may

 3  assess on an equitable and pro rata basis the following

 4  individuals to whom it extends coverage pursuant to this

 5  section professional health care providers for a portion of

 6  the total hospital insurance cost for this coverage:

 7  physicians licensed under chapter 458, osteopathic physicians

 8  licensed under chapter 459, podiatric physicians licensed

 9  under chapter 461, dentists licensed under chapter 466, and

10  nurses licensed under part I of chapter 464. The hospital may

11  provide for a deductible amount to be applied against any

12  individual health care provider found liable in a law suit in

13  tort or for breach of contract.  The legislative intent in

14  providing for the deductible to be applied to individual

15  health care providers found negligent or in breach of contract

16  is to instill in each individual health care provider the

17  incentive to avoid the risk of injury to the fullest extent

18  and ensure that the citizens of this state receive the highest

19  quality health care obtainable. Notwithstanding s. 626.901 or

20  any other provision of this section, a certified

21  patient-safety facility, as defined in s. 766.401, may extend

22  insurance or self-insurance coverage to some or all members of

23  its medical staff, including, but not limited to, physicians

24  who are not employees or agents of the hospital and any

25  incorporated or unincorporated organization, association, or

26  group of persons liable for the medical negligence of such

27  physicians, and some or all medical, nursing, or allied health

28  professionals or students who are affiliated with the

29  hospital, other than persons exempt from liability due to

30  sovereign immunity under s. 768.28. Such coverage must be

31  limited to legal liability arising out of medical negligence

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 1  within the hospital premises as defined under s. 766.401. A

 2  certified patient-safety facility may assess against any

 3  individual to whom it extends coverage a portion of the total

 4  hospital insurance cost for this coverage on an equitable and

 5  pro rata basis and may provide for a deductible amount to be

 6  applied against any covered health care provider found liable

 7  in a lawsuit in tort or for breach of contract.

 8         Section 4.  Present subsections (6) and (7) of section

 9  766.118, Florida Statutes, are renumbered as subsections (7)

10  and (8), respectively, and a new subsection (6) is added to

11  that section, to read:

12         766.118  Determination of noneconomic damages.--

13         (6)  LIMITATION ON NONECONOMIC DAMAGES FOR NEGLIGENCE

14  OF CERTAIN HOSPITALS.--Notwithstanding any other provision in

15  this section, with respect to liability for personal injury or

16  wrongful death arising from medical negligence within a

17  certified patient-safety facility as defined in s. 766.401 by

18  employees or agents of the certified patient-safety facility

19  or by the employees or agents of a nonprofit medical school

20  whose faculty comprise at least 50 percent of the certified

21  patient-safety facility's medical staff, noneconomic damages

22  may not exceed $500,000 regardless of the number of claimants,

23  number of claims, or theory of liability, including vicarious

24  liability, arising from the same nucleus of operative fact.

25         Section 5.  Section 766.401, Florida Statutes, is

26  created to read:

27         766.401  Definitions.--As used in this section and ss.

28  766.402-766.405, the term:

29         (1)  "Adverse medical incident" has the same meaning as

30  provided in s. 381.028 and has the same meaning as the term

31  

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 1  "adverse incident" as provided in ss. 381.0271, 395.0197,

 2  458.351, and 459.026.

 3         (2)  "Affected patient" means a patient of a certified

 4  patient-safety facility.

 5         (3)  "Affected practitioner" means any person,

 6  including a physician, who is credentialed by the eligible

 7  hospital to provide health care services in a certified

 8  patient-safety facility.

 9         (4)  "Agency" means the Agency for Health Care

10  Administration.

11         (5)  "Certified patient-safety facility" means any

12  eligible hospital that, in accordance with an order from the

13  Agency for Health Care Administration, has adopted a

14  patient-safety plan.

15         (6)  "Eligible hospital" or "licensed facility" means a

16  statutory teaching hospital, as defined by s. 408.07, which

17  maintains at least seven different accredited programs in

18  graduate medical education and has 100 or more full-time

19  equivalent resident physicians.

20         (7)  "Health care provider" or "provider" means:

21         (a)  An eligible hospital.

22         (b)  A physician or a physician assistant licensed

23  under chapter 458.

24         (c)  An osteopathic physician or an osteopathic

25  physician assistant licensed under chapter 459.

26         (d)  A registered nurse, nurse midwife, licensed

27  practical nurse, or advanced registered nurse practitioner

28  licensed or registered under part I of chapter 464 or any

29  facility that employs nurses licensed or registered under part

30  I of chapter 464 to supply all or part of the care delivered

31  by that facility.

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 1         (e)  A health care professional association and its

 2  employees or a corporate medical group and its employees.

 3         (f)  Any other medical facility in which the primary

 4  purpose is to deliver human medical diagnostic services or to

 5  deliver nonsurgical human medical treatment, including an

 6  office maintained by a provider.

 7         (g)  A free clinic that delivers only medical

 8  diagnostic services or nonsurgical medical treatment free of

 9  charge to low-income persons who are not otherwise covered by

10  Medicaid or other programs for low-income persons.

11         (h)  Any other health care professional, practitioner,

12  or provider, including a student enrolled in an accredited

13  program, who prepares the student for licensure as any one of

14  the professionals listed in this subsection.

15         (i)  Any person, organization, or entity that is

16  vicariously liable under the theory of respondeat superior or

17  any other theory of legal liability for medical negligence

18  committed by any licensed professional listed in this

19  subsection.

20         (j)  Any nonprofit corporation qualified as exempt from

21  federal income taxation under s. 501(a) of the Internal

22  Revenue Code and described in s. 501(c) of the Internal

23  Revenue Code, including any university or medical school that

24  employs licensed professionals listed in this subsection or

25  which delivers health care services provided by licensed

26  professionals listed in this subsection, any federally funded

27  community health center, and any volunteer corporation or

28  volunteer health care provider that delivers health care

29  services.

30  

31  

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 1         (8)  "Health care practitioner" or "practitioner" means

 2  any person, entity, or organization identified in subsection

 3  (7), except for a hospital.

 4         (9)  "Medical negligence" means medical malpractice,

 5  whether grounded in tort or in contract, arising out of the

 6  rendering of or failure to render medical care or services.

 7         (10)  "Person" means any individual, partnership,

 8  corporation, association, or governmental unit.

 9         (11)  "Premises" means those buildings, beds, and

10  equipment located at the address of the licensed facility and

11  all other buildings, beds, and equipment for the provision of

12  the hospital, ambulatory surgical, mobile surgical care,

13  primary care, or comprehensive health care under the dominion

14  and control of the licensee, including offices and locations

15  where the licensed facility offers medical care and treatment

16  to affected patients.

17         (12)  "Statutory teaching hospital" or "teaching

18  hospital" has the same meaning as provided in s. 408.07.

19         Section 6.  Section 766.402, Florida Statutes, is

20  created to read:

21         766.402  Agency approval of patient-safety plans.--

22         (1)  An eligible hospital that has adopted a

23  patient-safety plan may petition the agency to enter an order

24  certifying approval of the hospital as a certified

25  patient-safety facility.

26         (2)  In accordance with chapter 120, the agency shall

27  enter an order certifying approval of the certified

28  patient-safety facility upon a showing that, in furtherance of

29  an approach to patient safety, the petitioner:

30         (a)  Has established safety measures for the care and

31  treatment of patients.

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 1         (b)  Satisfies requirements for patient-protection

 2  measures, as specified in s. 766.403.

 3         (c)  Satisfies all other requirements of ss.

 4  766.401-766.405.

 5         (3)  Upon entry of an order approving the petition, the

 6  agency may conduct onsite examinations of the licensed

 7  facility to ensure continued compliance with the terms and

 8  conditions of the order.

 9         (4)  The order approving a petition under this section

10  remains in effect until revoked. The agency may revoke the

11  order upon reasonable notice to the eligible hospital that it

12  fails to comply with material requirements of s. 766.403 and

13  that the hospital has failed to cure the stated deficiencies

14  within a reasonable time after receipt of the initial notice

15  from the agency delineating the specific deficiencies to be

16  cured by the hospital. Revocation of an agency order pursuant

17  to  s. 766.403 applies prospectively to any cause of action

18  for medical negligence which arises on or after the effective

19  date of the order of revocation.

20         (5)  An order approving a petition under this section

21  is, as a matter of law, conclusive evidence that the hospital

22  complies with the applicable patient-safety requirements of s.

23  766.403. A hospital's noncompliance with the requirements of

24  s. 766.403 does not affect the limitations on damages

25  conferred by this section. Evidence of noncompliance with s.

26  766.403 is not admissible for any purpose in any action for

27  medical malpractice. This section, or any portion thereof,

28  does not give rise to an independent cause of action for

29  damages against any hospital.

30         Section 7.  Section 766.403, Florida Statutes, is

31  created to read:

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 1         766.403  Patient-safety plans.--

 2         (1)  In order to satisfy the requirements of s.

 3  766.402, the licensed facility shall have a patient-safety

 4  plan, which provides that the facility shall:

 5         (a)  Have in place a process, either through the

 6  facility's patient-safety committee or a similar body, for

 7  coordinating the quality control, risk management, and

 8  patient-relations functions of the facility and for reporting

 9  to the facility's governing board at least quarterly regarding

10  such efforts.

11         (b)  Establish within the facility a system for

12  reporting near misses and agree to submit any information

13  collected to the Florida Patient Safety Corporation. Such

14  information must be submitted by the facility and made

15  available by the Patient Safety Corporation in accordance with

16  s. 381.0271(7).

17         (c)  Design and make available to facility staff,

18  including medical staff, a patient-safety curriculum that

19  provides lecture and web-based training on recognized

20  patient-safety principles, which may include training in

21  communication skills, team-performance assessment and

22  training, risk-prevention strategies, and best practices and

23  evidence-based medicine. The licensed facility shall report

24  annually the programs presented to the agency.

25         (d)  Implement a program to identify health care

26  providers on the facility's staff who may be eligible for an

27  early-intervention program that provides additional skills

28  assessment and training and offer such training to the staff

29  on a voluntary and confidential basis with established

30  mechanisms to assess program performance and results.

31  

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 1         (e)  Implement a simulation-based program for skills

 2  assessment, training, and retraining of a facility's staff in

 3  those tasks and activities that the agency identifies by rule.

 4         (f)  Designate a patient advocate who coordinates with

 5  members of the medical staff and the facility's chief medical

 6  officer regarding the disclosure of adverse medical incidents

 7  to patients.  In addition, the patient advocate shall

 8  establish an advisory panel, consisting of providers, patients

 9  or their families, and other health care consumers or consumer

10  groups to review general patient-safety concerns and other

11  issues related to relations among and between patients and

12  providers and to identify areas where additional education and

13  program development may be appropriate.

14         (g)  Establish a procedure to biennially review the

15  facility's patient-safety program and its compliance with the

16  requirements of this section. Such review shall be conducted

17  by an independent patient-safety organization as defined in s.

18  766.1016(1) or other professional organization approved by the

19  agency. The organization performing the review shall prepare a

20  written report that contains detailed findings and

21  recommendations. The report shall be forwarded to the

22  facility's risk manager or patient-safety officer, who may

23  make written comments in response. The report and any written

24  comments shall be presented to the governing board of the

25  licensed facility. A copy of the report and any of the

26  facility's responses to the findings and recommendations shall

27  be provided to the agency within 60 days after the date that

28  the governing board reviewed the report.  The report is

29  confidential and exempt from production or discovery in any

30  civil action. Likewise, the report and the information

31  

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 1  contained therein are not admissible as evidence for any

 2  purpose in any action for medical negligence.

 3         (h)  Establish a system for the trending and tracking

 4  of quality and patient-safety indicators that the agency may

 5  identify by rule and a method for review of the data at least

 6  semiannually by the facility's patient-safety committee.

 7         (2)  This section does not constitute an applicable

 8  standard of care in any action for medical negligence or

 9  otherwise create a private right of action, and evidence of

10  noncompliance with this section is not admissible for any

11  purpose in any action for medical negligence against any

12  health care provider.

13         (3)  This section does not prohibit the licensed

14  facility from implementing other measures for promoting

15  patient safety within the premises. This section does not

16  relieve the licensed facility from the duty to implement any

17  other patient-safety measure that is required by state law.

18  The Legislature intends that the patient-safety measures

19  specified in this section are in addition to all other

20  patient-safety measures required by state law, federal law,

21  and applicable accreditation standards for licensed

22  facilities.

23         (4)  A review, report, or other document created,

24  produced, delivered, or discussed pursuant to this section is

25  not discoverable or admissible as evidence in any legal

26  action.

27         Section 8.  Section 766.404, Florida Statutes, is

28  created to read:

29         766.404  Annual report.--

30         (1)  Each certified patient-safety facility shall

31  submit an annual report to the agency containing information

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 1  and data reasonably required by the agency to evaluate

 2  performance and effectiveness of its patient-safety plan.

 3  However, information may not be submitted or disclosed in

 4  violation of any patient's right to privacy under state or

 5  federal law.

 6         (2)  The agency shall aggregate information and data

 7  submitted by all certified patient-safety facilities, and each

 8  year, on or before March 1, the agency shall submit a report

 9  to the President of the Senate and the Speaker of the House of

10  Representatives which evaluates the performance and

11  effectiveness of the approach to enhancing patient safety and

12  limiting provider liability in certified patient-safety

13  facilities. The report must include, but need not be limited

14  to, pertinent data concerning:

15         (a)  The number and names of certified patient-safety

16  facilities;

17         (b)  The number and types of patient-protection

18  measures currently in effect in these facilities;

19         (c)  The number of affected patients;

20         (d)  The number of surgical procedures on affected

21  patients;

22         (e)  The number of adverse medical incidents, claims of

23  medical malpractice, and claims resulting in indemnity;

24         (f)  The average time for resolving contested and

25  uncontested claims of medical malpractice;

26         (g)  The percentage of claims which result in civil

27  trials;

28         (h)  The percentage of civil trials which result in

29  adverse judgments against affected facilities;

30         (i)  The number and average amount of an indemnity paid

31  to claimants;

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 1         (j)  The estimated liability expense, inclusive of

 2  medical liability insurance premiums; and

 3         (k)  The percentage of medical liability expense,

 4  inclusive of medical liability insurance premiums, which is

 5  borne by affected practitioners in certified patient-safety

 6  facilities.

 7  

 8  The report may also include other information and data that

 9  the agency considers appropriate to gauge the cost and benefit

10  of patient-safety plans.

11         (3)  The agency's annual report to the President of the

12  Senate and the Speaker of the House of Representatives may

13  include relevant information and data obtained from the Office

14  of Insurance Regulation within the Department of Financial

15  Services concerning the availability and affordability of

16  enterprise-wide medical liability insurance coverage for

17  affected facilities and the availability and affordability of

18  insurance policies for individual practitioners which contain

19  coverage exclusions for acts of medical negligence in

20  facilities that indemnify health practitioners. The Office of

21  Insurance Regulation shall cooperate with the agency in

22  reporting the information and data specified in this

23  subsection.

24         (4)  Reports submitted to the agency by certified

25  patient-safety facilities pursuant to this section are public

26  records under chapter 119.  However, these reports, and the

27  information contained therein, are not admissible as evidence

28  in a court of law in any action.

29         Section 9.  Section 766.405, Florida Statutes, is

30  created to read:

31  

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 1         766.405  Damages in malpractice actions against certain

 2  hospitals and faculty physicians who meet patient-safety

 3  requirements; agency approval of patient-safety measures.--

 4         (1)  Upon entry of an order pursuant to s. 766.402 and

 5  for the entire period that the order remains in effect, the

 6  damages recoverable from an eligible hospital covered by the

 7  order and from its physician employees, its nonphysician

 8  employees, its agents, a nonprofit medical school whose

 9  physicians comprise at least 50 percent of the medical staff

10  of the eligible hospital, and the physicians of such a

11  nonprofit medical school in actions arising from medical

12  negligence on the premises of the eligible hospital shall be

13  determined in accordance with the following provisions:

14         (a)  Noneconomic damages shall be limited to a maximum

15  of $500,000, regardless of the number of claimants, number of

16  claims, or the theory of liability pursuant to s. 766.118(6).

17         (b)  Awards of economic damages shall be offset by

18  payments from collateral sources, as defined by s. 766.202(2),

19  and any set-offs available under ss. 46.015 and 768.041.

20  Awards for future economic losses shall be offset by future

21  collateral source payments.

22         (c)  Awards of future economic damages, after being

23  offset by collateral sources, shall, at the option of the

24  eligible hospital, be:

25         1.  Reduced by the court to present value and paid in

26  full; or

27         2.  Paid by means of periodic payments in the form of

28  annuities or reversionary trusts.

29  

30  Periodic payments of future economic damages attributable to

31  the medical care, health care, and personal care of the

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    Florida Senate - 2007                                   SB 908
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 1  claimant shall be payable until the end of the life of the

 2  claimant, at which time the obligation to make such payments

 3  terminates. A company that underwrites an annuity to pay

 4  future economic damages shall have a rating of "A" or higher

 5  by A.M. Best Company. The court shall approve the terms of the

 6  periodic payments, which shall identify the amount of the

 7  payment attributable to future medical care, health care, and

 8  personal care. Court approval may not be unreasonably

 9  withheld.

10         (2)  The limitations on liability provided by this

11  section apply to causes of action that accrue while an

12  eligible facility is a certified patient safety facility.

13         Section 10.  Section 766.406, Florida Statutes, is

14  created to read:

15         766.406  Rulemaking authority.--The agency may adopt

16  rules to administer ss. 766.401-766.405.

17         Section 11.  Subsection (2) of section 768.77, Florida

18  Statutes, is amended to read:

19         768.77  Itemized verdict.--

20         (2)  In any action for damages based on personal injury

21  or wrongful death arising out of medical malpractice, whether

22  in tort or contract, to which this part applies in which the

23  trier of fact determines that liability exists on the part of

24  the defendant, the trier of fact shall, as a part of the

25  verdict, itemize the amounts to be awarded to the claimant

26  into the following categories of damages:

27         (a)  Amounts intended to compensate the claimant for:

28         1.  Past economic losses; and

29         2.  Future economic losses, with a separate item

30  indicating the amount attributable to health care, medical

31  care, and personal care, not reduced to present value, and the

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    Florida Senate - 2007                                   SB 908
    37-429B-07




 1  number of years or part thereof which the award is intended to

 2  cover;

 3         (b)  Amounts intended to compensate the claimant for:

 4         1.  Past noneconomic losses; and

 5         2.  Future noneconomic losses and the number of years

 6  or part thereof which the award is intended to cover; and

 7         (c)  Amounts awarded to the claimant for punitive

 8  damages, if applicable.

 9         Section 12.  If any provision of this act or its

10  application to any person or circumstance is held invalid, the

11  invalidity does not affect other provisions or applications of

12  the act which can be given effect without the invalid

13  provision or application, and to this end, the provisions of

14  this act are severable.

15         Section 13.  The sum of $226,984 in recurring funds

16  from the Health Care Trust Fund and the sum of $72,057 in

17  nonrecurring funds from the Health Care Trust Fund are

18  appropriated, and three additional full-time equivalent

19  positions and associated salary rate of $127,817 are

20  authorized, to the Agency for Health Care Administration for

21  the 2007-2008 fiscal year for the purpose of implementing the

22  provisions of this act.

23         Section 14.  This act shall take effect upon becoming a

24  law.

25  

26  

27  

28  

29  

30  

31  

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    Florida Senate - 2007                                   SB 908
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 1            *****************************************

 2                          SENATE SUMMARY

 3    Creates the "Patient Safety and Provider Liability Act."
      Requires hospitals that assume liability for acts of
 4    medical negligence under the act to carry insurance.
      Authorizes an eligible hospital to petition the Agency
 5    for Health Care Administration to enter an order
      certifying the hospital as a patient-safety facility.
 6    Provides requirements for certification as a
      patient-safety facility. Authorizes the agency to enter
 7    an order certifying a hospital as a patient-safety
      facility and providing that the hospital bears liability
 8    for acts of medical negligence for its health care
      providers or an agent of the hospital. Authorizes the
 9    agency to conduct onsite examinations of a licensed
      facility. Provides circumstances when the agency may
10    revoke its order certifying approval of an enterprise
      plan. Requires a certified patient-safety facility to
11    submit an annual report to the agency and the
      Legislature. Authorizes certain teaching hospitals and
12    eligible hospitals to petition the agency for
      certification. Provides for limitations on damages for
13    eligible hospitals that are certified for compliance with
      certain patient-safety measures and certain faculty
14    physicians on staff at those hospitals. Provides that
      claims for future economic losses be itemized. Provides
15    appropriations. (See bill for details.)

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31  

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