Florida Senate - 2009                                    SB 1270
       
       
       
       By Senator Storms
       
       
       
       
       10-01120-09                                           20091270__
    1                        A bill to be entitled                      
    2         An act relating to nursing home facilities; amending
    3         s. 400.141, F.S.; providing that general and
    4         professional liability insurance policies containing
    5         certain provisions are insufficient to fulfill certain
    6         requirements specified by state law; providing for
    7         applicability; providing an effective date.
    8         
    9  Be It Enacted by the Legislature of the State of Florida:
   10         
   11         Section 1. Subsection (20) of section 400.141, Florida
   12  Statutes, is amended to read:
   13         400.141 Administration and management of nursing home
   14  facilities.—Every licensed facility shall comply with all
   15  applicable standards and rules of the agency and shall:
   16         (20) Maintain general and professional liability insurance
   17  coverage that is in force at all times. Any general and
   18  professional liability insurance that provides for the payment
   19  of litigation costs or attorney's fees for the defense of any
   20  claim against a nursing home pursuant to common law, s. 400.023,
   21  or s. 400.0233 as a deduction from the liability limits of the
   22  policy or that in any way reduces the liability coverage limits
   23  available under the policy for a settlement or judgment by any
   24  amount attributable to legal costs or attorney's fees incurred
   25  during the course of the defense of the insured does not fulfill
   26  the insurance requirement of this section. In lieu of general
   27  and professional liability insurance coverage, a state
   28  designated teaching nursing home and its affiliated assisted
   29  living facilities created under s. 430.80 may demonstrate proof
   30  of financial responsibility as provided in s. 430.80(3)(h).
   31  Facilities that have been awarded a Gold Seal under the program
   32  established in s. 400.235 may develop a plan to provide
   33  certified nursing assistant training as prescribed by federal
   34  regulations and state rules and may apply to the agency for
   35  approval of their program.
   36         Section 2. This act shall take effect July 1, 2009, and
   37  applies to all policies issued or renewed on or after that date.