Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. SB 1972
       
       
       
       
       
       
                                Barcode 183322                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/30/2011           .                                
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       The Committee on Health Regulation (Bennett) recommended the
       following:
       
    1         Senate Amendment (with directory and title amendments)
    2  
    3         Between lines 6049 and 6050
    4  insert:
    5         (g) Providers or vendors, 75 percent of whose client
    6  population consists of individuals with a developmental
    7  disability as defined in ss. 393.063 and 400.960, individuals
    8  who are blind or severely handicapped individuals as defined in
    9  s. 413.033, individuals who have a mental illness as defined
   10  under s. 394.455, or individuals who have any combination of
   11  these conditions, which have contractually agreed to act on
   12  behalf of the Agency for Persons with Disabilities, the Agency
   13  for Health Care Administration, the Division of Blind Services
   14  in the Department of Education, or the Mental Health Program
   15  Office of the Department of Children and Family Services to
   16  provide services to such individuals, and their employees or
   17  agents, are considered agents of the state, solely with respect
   18  to the provision of such services while acting within the scope
   19  of and pursuant to guidelines established by contract, a
   20  Medicaid waiver agreement, or rule. The contracts for such
   21  services must provide for the indemnification of the state by
   22  the agent for any liabilities incurred up to the limits
   23  specified in this section.
   24  
   25  ====== D I R E C T O R Y  C L A U S E  A M E N D M E N T ======
   26         And the directory clause is amended as follows:
   27         Delete line 5961
   28  and insert:
   29  768.28, Florida Statutes, is amended, and paragraphs (f) and (g)
   30  are added
   31  
   32  ================= T I T L E  A M E N D M E N T ================
   33         And the title is amended as follows:
   34         Delete line 406
   35  and insert:
   36         exception; providing that providers and vendors
   37         providing services to certain persons with
   38         disabilities on behalf of the state are agents of the
   39         state for the purposes of sovereign immunity;
   40         providing legislative findings and intent