| 1 | A bill to be entitled |
| 2 | An act relating to professional liability claims; amending |
| 3 | s. 627.912, F.S.; revising requirements for reporting |
| 4 | professional liability claims and actions; providing |
| 5 | definitions; specifying events for which certain reports |
| 6 | are required; requiring certain absence of claims |
| 7 | submission reports to be filed under certain |
| 8 | circumstances; providing requirements for treatment of |
| 9 | reopened claims; providing an effective date. |
| 10 |
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| 11 | Be It Enacted by the Legislature of the State of Florida: |
| 12 |
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| 13 | Section 1. Subsection (1) of section 627.912, Florida |
| 14 | Statutes, is amended to read: |
| 15 | 627.912 Professional liability claims and actions; reports |
| 16 | by insurers and health care providers; annual report by |
| 17 | office.-- |
| 18 | (1)(a) Each self-insurer authorized under s. 627.357 and |
| 19 | each commercial self-insurance fund authorized under s. 624.462, |
| 20 | authorized insurer, surplus lines insurer, risk retention group, |
| 21 | and joint underwriting association providing professional |
| 22 | liability insurance to a practitioner of medicine licensed under |
| 23 | chapter 458, to a practitioner of osteopathic medicine licensed |
| 24 | under chapter 459, to a podiatric physician licensed under |
| 25 | chapter 461, to a dentist licensed under chapter 466, to a |
| 26 | hospital licensed under chapter 395, to a crisis stabilization |
| 27 | unit licensed under part IV of chapter 394, to a health |
| 28 | maintenance organization certificated under part I of chapter |
| 29 | 641, to clinics included in chapter 390, or to an ambulatory |
| 30 | surgical center as defined in s. 395.002, and each insurer |
| 31 | providing professional liability insurance to a member of The |
| 32 | Florida Bar shall report to the office as set forth in paragraph |
| 33 | (c) any written claim or action for damages for personal |
| 34 | injuries claimed to have been caused by error, omission, or |
| 35 | negligence in the performance of such insured's professional |
| 36 | services or based on a claimed performance of professional |
| 37 | services without consent, if the claim resulted in: |
| 38 | 1. A final judgment in any amount. |
| 39 | 2. A settlement in any amount. |
| 40 | 3. A final disposition of a medical malpractice claim |
| 41 | resulting in no indemnity payment on behalf of the insured. |
| 42 | (b) For purposes of this section, the term "claim" means |
| 43 | the receipt of a notice of intent to initiate litigation, a |
| 44 | summons and complaint, or a written demand from a person or his |
| 45 | or her legal representative stating an intention to pursue an |
| 46 | action for damages against a person described in paragraph (a). |
| 47 | (c) The duty to report specified in paragraph (a) arises |
| 48 | upon the occurrence of the first of: |
| 49 | 1. The entry of any judgment against any provider |
| 50 | identified in paragraph (a) for which all appeals as a matter of |
| 51 | right have been exhausted or for which the time period for |
| 52 | filing such an appeal has expired; |
| 53 | 2. The execution of an agreement between a provider |
| 54 | identified in paragraph (a) or an entity required to report |
| 55 | under that paragraph and a claimant to settle damages purported |
| 56 | to arise from the provision of professional services, which |
| 57 | agreement includes the payment of at least $1; however, if any |
| 58 | applicable law requires any such agreement to be approved by the |
| 59 | court, the duty arises when the agreement is approved; |
| 60 | 3. The final payment of any indemnity money by any of the |
| 61 | entities required to report under paragraph (a) on behalf of any |
| 62 | provider identified in that paragraph for damages purported to |
| 63 | arise from professional services rendered; or |
| 64 | 4. The final disposition of a medical malpractice claim |
| 65 | for which no indemnity payment was made on behalf of the insured |
| 66 | but for which loss adjustment expenses were paid in excess of |
| 67 | $5,000. As used in this subparagraph, the term "final |
| 68 | disposition" means the insurer has brought down all reserves and |
| 69 | closed its file and the term "medical malpractice claim" means |
| 70 | an assertion that the recipient of services of one of the |
| 71 | providers identified in paragraph (a) received personal injuries |
| 72 | as a result of error, omission, or negligence in the performance |
| 73 | of such services or received such services without consent, and |
| 74 | for which the insurer has set indemnification reserves. |
| 75 | (d) After any calendar year in which no claim or action |
| 76 | for damages was closed, the entity shall file a no claim |
| 77 | submission report. Such report shall be filed with the office no |
| 78 | later than April 1 of each calendar year for the immediately |
| 79 | preceding calendar year. If a reporting entity submits such a |
| 80 | report for a particular calendar year and subsequently discovers |
| 81 | that its report was submitted in error, the reporting entity |
| 82 | shall promptly notify the office of the error and take steps as |
| 83 | directed by the office to make the needed corrections. |
| 84 | (e) If a claim is initially opened and then closed, and is |
| 85 | subsequently reopened, the reopened claim shall be treated as a |
| 86 | new claim and reported after the occurrence of the first of any |
| 87 | event listed in paragraph (c). |
| 88 | (f)(b) Each health care practitioner and health care |
| 89 | facility listed in paragraph (a) must report any claim or action |
| 90 | for damages as described in paragraph (a), if the claim is not |
| 91 | otherwise required to be reported by an insurer or other |
| 92 | insuring entity. |
| 93 | (g) Reports under this subsection shall be filed with the |
| 94 | office no later than 30 days following the occurrence of the |
| 95 | first of any event listed in paragraph (c) (a). |
| 96 | Section 2. This act shall take effect July 1, 2009. |