CS/CS/HB 511

1
A bill to be entitled
2An act relating to professional liability claims; amending
3s. 627.912, F.S.; revising requirements for reporting
4professional liability claims and actions; providing
5definitions; specifying events for which certain reports
6are required; requiring certain absence of claims
7submission reports to be filed under certain
8circumstances; providing requirements for treatment of
9reopened claims; providing an effective date.
10
11Be It Enacted by the Legislature of the State of Florida:
12
13     Section 1.  Subsection (1) of section 627.912, Florida
14Statutes, is amended to read:
15     627.912  Professional liability claims and actions; reports
16by insurers and health care providers; annual report by
17office.--
18     (1)(a)  Each self-insurer authorized under s. 627.357 and
19each commercial self-insurance fund authorized under s. 624.462,
20authorized insurer, surplus lines insurer, risk retention group,
21and joint underwriting association providing professional
22liability insurance to a practitioner of medicine licensed under
23chapter 458, to a practitioner of osteopathic medicine licensed
24under chapter 459, to a podiatric physician licensed under
25chapter 461, to a dentist licensed under chapter 466, to a
26hospital licensed under chapter 395, to a crisis stabilization
27unit licensed under part IV of chapter 394, to a health
28maintenance organization certificated under part I of chapter
29641, to clinics included in chapter 390, or to an ambulatory
30surgical center as defined in s. 395.002, and each insurer
31providing professional liability insurance to a member of The
32Florida Bar shall report to the office as set forth in paragraph
33(c) any written claim or action for damages for personal
34injuries claimed to have been caused by error, omission, or
35negligence in the performance of such insured's professional
36services or based on a claimed performance of professional
37services 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
41resulting in no indemnity payment on behalf of the insured.
42     (b)  For purposes of this section, the term "claim" means
43the receipt of a notice of intent to initiate litigation, a
44summons and complaint, or a written demand from a person or his
45or her legal representative stating an intention to pursue an
46action for damages against a person described in paragraph (a).
47     (c)  The duty to report specified in paragraph (a) arises
48upon the occurrence of the first of:
49     1.  The entry of any judgment against any provider
50identified in paragraph (a) for which all appeals as a matter of
51right have been exhausted or for which the time period for
52filing such an appeal has expired;
53     2.  The execution of an agreement between a provider
54identified in paragraph (a) or an entity required to report
55under that paragraph and a claimant to settle damages purported
56to arise from the provision of professional services, which
57agreement includes the indemnity payment of at least $1;
58however, if any applicable law requires any such agreement to be
59approved by the court, the duty arises when the agreement is
60approved;
61     3.  The final payment of any indemnity money by any of the
62entities required to report under paragraph (a) on behalf of any
63provider identified in that paragraph for damages purported to
64arise from professional services rendered; or
65     4.  The final disposition of a claim for which no indemnity
66payment was made on behalf of the insured but for which loss
67adjustment expenses were paid in excess of $5,000. As used in
68this subparagraph, the term "final disposition" means the
69insurer has brought down all reserves and closed its file.
70     (d)  After any calendar year in which no claim or action
71for damages was closed, the entity shall file a no claim
72submission report. Such report shall be filed with the office no
73later than April 1 of each calendar year for the immediately
74preceding calendar year. If a reporting entity submits such a
75report for a particular calendar year and subsequently discovers
76that its report was submitted in error, the reporting entity
77shall promptly notify the office of the error and take steps as
78directed by the office to make the needed corrections.
79     (e)  If a claim is initially opened and then closed, and is
80subsequently reopened, the reopened claim shall be treated as a
81new claim and reported after the occurrence of the first of any
82event listed in paragraph (c).
83     (f)(b)  Each health care practitioner and health care
84facility listed in paragraph (a) must report any claim or action
85for damages as described in paragraph (a), if the claim is not
86otherwise required to be reported by an insurer or other
87insuring entity.
88     (g)  Reports under this subsection shall be filed with the
89office no later than 30 days following the occurrence of the
90first of any event listed in paragraph (c) (a).
91     Section 2.  This act shall take effect July 1, 2009.


CODING: Words stricken are deletions; words underlined are additions.