Florida Senate - 2009                                    SB 2252
       
       
       
       By Senator Baker
       
       
       
       
       20-00688B-09                                          20092252__
    1                        A bill to be entitled                      
    2         An act relating to professional liability insurance;
    3         amending s. 627.912, F.S.; requiring that certain
    4         written claims or actions for damages be reported to
    5         the Office of Insurance Regulation; defining the term
    6         “claim”; specifying events giving rise to the duty to
    7         report claims; requiring that certain reports be filed
    8         following any calendar year in which no claim or
    9         action for damages was closed; specifying a deadline
   10         for the filing of such reports; providing a procedure
   11         for the correction of reports submitted in error;
   12         requiring that certain reopened claims be treated as
   13         new claims and reported following specified events;
   14         requiring that corrective reports be made for certain
   15         claims; providing an effective date.
   16  
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. Subsection (1) of section 627.912, Florida
   20  Statutes, is amended to read:
   21         627.912 Professional liability claims and actions; reports
   22  by insurers and health care providers; annual report by office.—
   23         (1)(a) Each self-insurer authorized under s. 627.357 and
   24  each commercial self-insurance fund authorized under s. 624.462,
   25  authorized insurer, surplus lines insurer, risk retention group,
   26  and joint underwriting association providing professional
   27  liability insurance to a practitioner of medicine licensed under
   28  chapter 458, to a practitioner of osteopathic medicine licensed
   29  under chapter 459, to a podiatric physician licensed under
   30  chapter 461, to a dentist licensed under chapter 466, to a
   31  hospital licensed under chapter 395, to a crisis stabilization
   32  unit licensed under part IV of chapter 394, to a health
   33  maintenance organization certificated under part I of chapter
   34  641, to clinics included in chapter 390, or to an ambulatory
   35  surgical center as defined in s. 395.002, and each insurer
   36  providing professional liability insurance to a member of The
   37  Florida Bar shall report to the office as set forth below any
   38  written claim or action for damages for personal injuries
   39  claimed to have been caused by error, omission, or negligence in
   40  the performance of such insured's professional services or based
   41  on a claimed performance of professional services without
   42  consent., if the claim resulted in:
   43         1.A final judgment in any amount.
   44         2.A settlement in any amount.
   45         3.A final disposition of a medical malpractice claim
   46  resulting in no indemnity payment on behalf of the insured.
   47         (b) As used in this subsection, the term “claim” means the
   48  receipt of a notice of intent to initiate litigation, a summons
   49  and complaint, or a written demand from a person or his or her
   50  legal representative stating an intention to pursue an action
   51  for damages against a person as described in paragraph (a).
   52         (c)The duty to report set forth in paragraph (a) arises at
   53  the earliest occurrence of the following:
   54         1.The entry of any judgment against any health care
   55  provider identified in paragraph (a) for which all appeals as a
   56  matter of right have been exhausted or for which the period for
   57  filing such an appeal has expired;
   58         2.The execution of an agreement including the payment of
   59  at least $1 between a health care provider identified in
   60  paragraph (a) or an entity required to report thereunder and a
   61  claimant as defined in s. 766.202 to settle damages purported to
   62  arise from the provision of professional services; however, if
   63  applicable statutes require that any such agreement be approved
   64  by the court, the duty arises when the agreement is approved;
   65         3.The final payment of any money by any of the entities
   66  required to report under paragraph (a) on behalf of any health
   67  care provider identified therein for damages purported to arise
   68  from professional services rendered; or
   69         4.The final disposition of a medical malpractice claim for
   70  which no indemnity payment was made on behalf of the insured but
   71  for which there were loss adjustment expenses paid in excess of
   72  $2,500. As used in this subparagraph, the term “final
   73  disposition” means that the insurer has brought down all
   74  reserves and closed its file, and the term “medical malpractice
   75  claim” means an assertion that the recipient of one of the
   76  health services from a provider identified in paragraph (a)
   77  received personal injuries as a result of error, omission, or
   78  negligence in the performance of such health service or received
   79  such health service without consent, and for which the insurer
   80  has set indemnification reserves.
   81         (d)Following any calendar year in which no claim or action
   82  for damages was closed, the entity shall file a “No Claim
   83  Submission Report.” Such reports shall be filed with the Office
   84  of Insurance Regulation by April 1st of each calendar year for
   85  the immediately preceding calendar year. However, if a reporting
   86  entity submits such a report for a particular calendar year and
   87  subsequently discovers that its report was submitted in error,
   88  the reporting entity shall promptly notify the office of the
   89  error and take steps as directed by the office to make the
   90  needed corrections.
   91         (e)If a claim is closed without payment and subsequently
   92  reopened, the reopened claim shall be treated as a new claim and
   93  reported following the earliest occurrence of any event listed
   94  in paragraph (c). If the claim was previously closed with
   95  payment, and subsequent additional payments are made, a
   96  corrective report must be made to reflect such additional
   97  payments.
   98         (f) Each health care practitioner and health care facility
   99  listed in paragraph (a) must report any claim or action for
  100  damages as described in paragraph (a), if the claim is not
  101  otherwise required to be reported by an insurer or other
  102  insuring entity.
  103         (g) Reports under this subsection shall be filed with the
  104  office no later than 30 days following the earliest occurrence
  105  of any event listed in paragraph (c) (a).
  106         Section 2. This act shall take effect July 1, 2009.