| 1 | A bill to be entitled |
| 2 | An act relating to the DeSoto County Hospital District; |
| 3 | amending chapter 2004-450, Laws of Florida; providing the |
| 4 | nature of the district; providing for sovereign immunity; |
| 5 | providing additional powers of the district; revising |
| 6 | provisions relating to the destruction of records; |
| 7 | providing for treatment of prisoners or county officers |
| 8 | admitted to any hospital operated or leased by the |
| 9 | district; providing for personnel; providing contract |
| 10 | requirements for lease of facilities to not-for-profit |
| 11 | corporations; providing for self-insurance plans; deleting |
| 12 | certain requirements for insurance policy contracts; |
| 13 | providing for liens for collection of charges; providing |
| 14 | applicability; providing an effective date. |
| 15 |
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| 16 | Be It Enacted by the Legislature of the State of Florida: |
| 17 |
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| 18 | Section 1. Present sections 17 and 18 of section 3 of |
| 19 | chapter 2004-450, Laws of Florida, are renumbered as sections 18 |
| 20 | and 19, respectively, present sections 1, 3, 4, 14, 15, and 16 |
| 21 | of that section are amended, and new sections 16 and 20 are |
| 22 | added to that section, to read: |
| 23 | Section 1. Creation; boundaries; nature of district.-- |
| 24 | (1) An independent special district is created and |
| 25 | incorporated to be known as the "DeSoto County Hospital |
| 26 | District," which district shall embrace and include all of |
| 27 | DeSoto County. |
| 28 | (2) The district is an independent special district of the |
| 29 | state and DeSoto County pursuant to this act and chapter 189, |
| 30 | Florida Statutes, and a public body both corporate and politic. |
| 31 | The district shall not be an agency for the purposes of the |
| 32 | Administrative Procedure Act, chapter 120, Florida Statutes. The |
| 33 | district shall enjoy all the protections of sovereign immunity |
| 34 | and section 768.28, Florida Statutes. |
| 35 | Section 3. Powers.-- |
| 36 | (1) The District Board of DeSoto County Hospital District |
| 37 | shall have all the powers of a body corporate, including the |
| 38 | power to sue and be sued under the name of the DeSoto County |
| 39 | Hospital District; to contract and be contracted with; to adopt |
| 40 | and use a common seal and to alter same at pleasure; to acquire, |
| 41 | purchase, hold, lease, mortgage, and convey such real and |
| 42 | personal property as the board may deem proper or expedient to |
| 43 | carry out the purposes of this act; to appoint and employ a |
| 44 | superintendent and such other agents and employees as the board |
| 45 | may deem advisable and to fix a compensation of all employees |
| 46 | and to remove any appointees or employees; to insure the |
| 47 | improvements, fixtures, and equipment against loss by fire, |
| 48 | windstorm, or other coverage in such amounts as may be |
| 49 | determined reasonable and proper; and to borrow money and issue |
| 50 | evidence of indebtedness of the district therefor to carry out |
| 51 | the provisions of this act in the manner hereinafter provided. |
| 52 | (2) The DeSoto County Hospital District is authorized and |
| 53 | empowered to finance by any commercially reasonable means, |
| 54 | including the issuance of industrial development or revenue |
| 55 | bonds, the construction of additional medical facilities, the |
| 56 | purchase of medical-care-related equipment, and such other |
| 57 | classes of property in furtherance of the district's purposes. |
| 58 | (3) The district serves a proper public purpose; performs |
| 59 | an essential governmental function of the state and county; |
| 60 | shall have all power and authority necessary to carry out the |
| 61 | purposes of this act, including, without limitation, all powers |
| 62 | authorized by law to hospital districts, facilities, and |
| 63 | authorities; and shall have and operate under the powers of a |
| 64 | body corporate and politic, including such general and special |
| 65 | powers and duties as are provided herein and as may be otherwise |
| 66 | provided and amended from time to time by the Legislature. |
| 67 | Section 4. Officers; meetings; records.--There shall be a |
| 68 | chair of the district board elected annually. The district board |
| 69 | may elect one of its members to serve as secretary and treasurer |
| 70 | or it may appoint some person not a member of the district board |
| 71 | to serve in that capacity. In the absence of the chair or his or |
| 72 | her inability to act at any regular meeting, warrants may be |
| 73 | signed by any other member of the district board selected by the |
| 74 | members present as chair pro tem. Three members shall constitute |
| 75 | a quorum, and a vote of at least two members shall be necessary |
| 76 | to the transaction of any business of the district. A regular |
| 77 | meeting of the board shall be held annually. Additional meetings |
| 78 | may be called by a majority of the board upon advance notice as |
| 79 | provided by section 189.417, Florida Statutes. The members shall |
| 80 | cause true and accurate minutes and records to be kept of all |
| 81 | business transacted by them and shall keep full, true, and |
| 82 | complete books of account and minutes, which minutes, records, |
| 83 | and books of account shall at all reasonable times be open and |
| 84 | subject to inspection; and any person desiring to do so may make |
| 85 | or procure copies of the minutes, records, or books of account, |
| 86 | or such portions thereof as he or she may desire; however, such |
| 87 | records shall not include personnel and medical records of a |
| 88 | private and confidential nature. The district board shall be |
| 89 | empowered to destroy any of its records, together with any of |
| 90 | the records of the hospitals owned and operated by the district |
| 91 | board, if the records are photographed, or microfilmed, or |
| 92 | otherwise maintained in a reproducible format prior to their |
| 93 | destruction. |
| 94 | Section 14. Admission to facilities.--The hospital or |
| 95 | related medical facilities established under this act shall be |
| 96 | for the use and benefit of the residents of this district, |
| 97 | subject to the rules, regulations, and charges prescribed by the |
| 98 | district board which are in effect as of the date of admission |
| 99 | of a patient or patients to such a hospital or related medical |
| 100 | facility. Medical care and treatment for the indigent in the |
| 101 | district shall be and remain the primary responsibility of |
| 102 | DeSoto County, any authorization herein contained for treatment |
| 103 | of indigents to the contrary notwithstanding, the district board |
| 104 | of this district being granted the authority to refuse such |
| 105 | admission of indigents when found by such district board not to |
| 106 | be financially practicable with due regard to the general |
| 107 | financial condition of the district. The district board is |
| 108 | empowered to enter into and fulfill agreements with the Board of |
| 109 | County Commissioners of DeSoto County for the admission and |
| 110 | treatment of indigents upon such terms, costs, and charges as |
| 111 | may be mutually agreed upon. The district board shall be |
| 112 | authorized to accept moneys from any welfare funds provided for |
| 113 | DeSoto County or moneys available to the indigent patients from |
| 114 | a federal, state, or county agency or moneys available to DeSoto |
| 115 | County from said governmental agencies for welfare and hospital |
| 116 | purposes, for the payment of costs of treatment and care of |
| 117 | indigent residents of the district as shall be admitted. The |
| 118 | district board may collect from patients financially able such |
| 119 | charges as the district board may from time to time establish. |
| 120 | The district board may extend the privileges and use of the |
| 121 | hospital or clinic to nonresidents of the district who shall pay |
| 122 | the rates established by the district board upon such terms and |
| 123 | conditions as the district board may provide. However, residents |
| 124 | of the district wherein the hospital or clinic is located shall |
| 125 | have first claim to admission. The district board shall further |
| 126 | have the power to furnish and extend the benefits of the |
| 127 | hospital and clinic services and treatment to the homes of |
| 128 | indigent residents of the district. Each municipal corporation |
| 129 | situated within the district and the law enforcement agencies of |
| 130 | DeSoto County shall be liable to the district board for the |
| 131 | occupancy, care, medicine, and treatment of prisoners in the |
| 132 | custody of the municipal corporation or for county officers who |
| 133 | are admitted to any hospital operated or leased by the district |
| 134 | board. |
| 135 | Section 15. Regulation of physicians, staff members, and |
| 136 | practitioners.--Realizing that factors other than academic |
| 137 | records professional must enter into the qualifications of those |
| 138 | who practice medicine and surgery, the district board is |
| 139 | authorized to set up rules, regulations, and bylaws for the |
| 140 | operation of the hospital and hospital staff. The district board |
| 141 | is authorized to grant or revoke licenses and privileges of |
| 142 | staff members for practice in and about any hospital or other |
| 143 | medical care facility maintained under this act, so that the |
| 144 | welfare and health of patients and the best interests of the |
| 145 | facility may at all times be best served. Privileges of staff |
| 146 | membership and appointments thereto may be authorized or granted |
| 147 | by the district board. The district board is further authorized |
| 148 | to set up rules and regulations for the control of all |
| 149 | professional and nonprofessional employees of any hospital or |
| 150 | other medical care facility, which terms shall include nurses on |
| 151 | general duty or on private duty attending patients, and all |
| 152 | parties in the facility as employees in any manner in attendance |
| 153 | of patients. The district is further authorized to recruit, |
| 154 | retain, discharge, and compensate personnel, including |
| 155 | physicians, to provide health-related services at facilities |
| 156 | operated or leased by the district. The district is also |
| 157 | authorized to employ or enter into independent contractor |
| 158 | arrangements, at the discretion of the board, with professionals |
| 159 | and others and fix their compensation. |
| 160 | Section 16. Lease of facilities to not-for-profit |
| 161 | corporation.-- |
| 162 | (1) The district board is permitted to acquire any health- |
| 163 | related properties, including the DeSoto Memorial Hospital, and |
| 164 | contract with a not-for-profit corporation formed by the |
| 165 | district or the board for the operation, management, and |
| 166 | maintenance of the district's facilities of whatsoever kind and |
| 167 | nature through one or more agreements, with the term thereof and |
| 168 | conditions and covenants contained therein made at the |
| 169 | discretion of the board, except that the contract must provide: |
| 170 | (a) That the corporation's articles of incorporation and |
| 171 | bylaws are subject to the approval of the board. |
| 172 | (b) That the corporation shall become qualified under |
| 173 | section 501(c)(3) of the Internal Revenue Code of 1986, as |
| 174 | amended, or any other subsection of section 501(c) as approved |
| 175 | by the board, prior to the effective date of the contract. |
| 176 | (c) For the prompt return of the operation of the district |
| 177 | facilities from the corporation to the district in the event of |
| 178 | termination of the agreement or dissolution of the corporation. |
| 179 | (d) That the district is not responsible for the debts or |
| 180 | other obligations of the corporation. |
| 181 | (2) An agreement with a not-for-profit corporation may |
| 182 | provide, but need not be limited to, the following: |
| 183 | (a) That the corporation is primarily acting as an |
| 184 | instrumentality or agency of the district and is thus entitled |
| 185 | to all the protections of sovereign immunity and section 768.28, |
| 186 | Florida Statutes. |
| 187 | (b) That the members of the board may be members of the |
| 188 | board of directors of the corporation. |
| 189 | Section 17.16. Insurance; board liability.--The district |
| 190 | board may secure and keep in force in amounts it may determine, |
| 191 | in companies duly authorized to do business in Florida, |
| 192 | liability insurance covering vehicles, premises, and |
| 193 | malpractice. In combination with such insurance or in the |
| 194 | alternative, the district board may create a self-insurance plan |
| 195 | that provides the same or similar coverages. In consideration of |
| 196 | the premium at which each policy shall be written, it shall be a |
| 197 | part of the policy contract between the district board and the |
| 198 | insurer that the company shall not be entitled to the benefit of |
| 199 | the defense of governmental immunity for the insured by reason |
| 200 | of exercising a governmental function on any suit brought |
| 201 | against the insured. |
| 202 | Section 20. Liens for collection of charges.-- |
| 203 | (1) The district, as well as any not-for-profit |
| 204 | corporation contracting with the district for the operation, |
| 205 | management, and maintenance of the district's facilities, shall |
| 206 | be entitled to a lien for all charges incurred for hospital |
| 207 | care, treatment, and maintenance of ill or injured persons upon |
| 208 | any and all causes of action, suits, claims, counterclaims, and |
| 209 | demands accruing to such persons or the legal representatives of |
| 210 | such persons, and upon all judgments, settlements, and |
| 211 | settlement agreements rendered or entered into by virtue |
| 212 | thereof, on account of illness or injuries giving rise to such |
| 213 | causes of action, suits, claims, counterclaims, demands, |
| 214 | judgments, settlements, or settlement agreements and that |
| 215 | necessitate or shall have necessitated such hospital care, |
| 216 | treatment, and maintenance. |
| 217 | (2) In order to perfect such a lien, the executive office |
| 218 | or agent of the hospital, before any person shall have been |
| 219 | discharged from said hospital or within 45 days after such |
| 220 | discharge, shall file in the office of the Clerk of the Circuit |
| 221 | Court of DeSoto County a verified claim in writing setting forth |
| 222 | the name and address of the patient as it appears on the records |
| 223 | of the hospital; the name and location of the hospital; the name |
| 224 | and address of the executive office or agent of the hospital; |
| 225 | the dates of the patient's admission to and discharge from the |
| 226 | hospital; the amount claimed to be due for such hospital care, |
| 227 | treatment, and maintenance; and, to the best knowledge of the |
| 228 | person signing the claim, the names and addresses of all |
| 229 | persons, firms, or corporations that may be claimed by the ill |
| 230 | or injured person, or by the legal representative of such |
| 231 | person, to be liable for such illness or injuries. At the same |
| 232 | time that the claim is filed with the clerk of the circuit |
| 233 | court, a copy thereof shall be sent by regular mail to the ill |
| 234 | or injured person, to his or her attorney, if known, and to all |
| 235 | persons, firms, or corporations named in the claim. The filing |
| 236 | and mailing of the claim in accordance with this section shall |
| 237 | be notice thereof to all persons, firms, or corporations that |
| 238 | may be liable for such illness or injuries regardless of whether |
| 239 | they are named in the claim or lien and regardless of whether |
| 240 | they have received a copy of the claim. |
| 241 | (3) The Clerk of the Circuit Court of DeSoto County shall |
| 242 | endorse on the claim the date and hour of filing and shall |
| 243 | record the claim in the official records of DeSoto County. The |
| 244 | clerk shall be paid by the claimant, as the clerk's fee for the |
| 245 | filing and recording of each claim, the same fee as provided for |
| 246 | filing and recording other instruments under the recording laws. |
| 247 | (4) No release or satisfaction of any cause of action, |
| 248 | suit, claim, counterclaim, demand, judgment, settlement, or |
| 249 | settlement agreement shall be valid or effectual as against such |
| 250 | lien unless the lienholder joins therein or executes a release |
| 251 | of the lien. Any acceptance of a release or satisfaction of any |
| 252 | such cause of action, suit, claim, counterclaim, demand, or |
| 253 | judgment and any settlement of any of the foregoing in the |
| 254 | absence of a release of satisfaction of the lien shall prima |
| 255 | facie constitute an impairment of the lien, and the lienholder |
| 256 | shall be entitled to an action at law for damages on account of |
| 257 | such impairment and in such action shall recover from the one |
| 258 | accepting such release or satisfaction or making such settlement |
| 259 | the outstanding charges for such hospital care, treatment, and |
| 260 | maintenance. Satisfaction of any judgment rendered in favor of |
| 261 | the lienholder in any such action shall operate as a |
| 262 | satisfaction of the lien. Any action by the lienholder may be |
| 263 | brought and maintained in any court of competent jurisdiction in |
| 264 | or for DeSoto County. If the lienholder prevails in such action, |
| 265 | the lienholder shall be entitled to recover from the defendant, |
| 266 | in addition to costs otherwise allowed by law, reasonable |
| 267 | attorney's fees, suit money, costs, and expenses incident to the |
| 268 | matter. |
| 269 | (5) The provisions of this act shall not be applicable to |
| 270 | accidents or injuries within the purview of the workers' |
| 271 | compensation laws of this state. |
| 272 | Section 2. This act shall take effect upon becoming a law. |