Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. SB 1384
       
       
       
       
       
       
                                Barcode 874972                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                 Comm: UNFAV           .                                
                  04/03/2013           .                                
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       The Committee on Judiciary (Soto) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 220 and 221
    4  insert:
    5         Section 3. Paragraph (q) of subsection (1) of section
    6  400.141, Florida Statutes, is amended to read:
    7         400.141 Administration and management of nursing home
    8  facilities.—
    9         (1) Every licensed facility shall comply with all
   10  applicable standards and rules of the agency and shall:
   11         (q) Maintain general and professional liability insurance
   12  coverage that is in force at all times. Any general and
   13  professional liability insurance that provides for the payment
   14  of litigation costs or attorney fees for the defense of any
   15  claim against a nursing home pursuant to common law, s. 400.023,
   16  or s. 400.0233 as a deduction from the liability limits of the
   17  policy or that in any way reduces the liability coverage limits
   18  available under the policy for a settlement or judgment by any
   19  amount attributable to legal costs or attorney fees incurred
   20  during the course of the defense of the insured does not fulfill
   21  the insurance requirement of this section. In lieu of such
   22  coverage, a state-designated teaching nursing home and its
   23  affiliated assisted living facilities created under s. 430.80
   24  may demonstrate proof of financial responsibility as provided in
   25  s. 430.80(3)(g).
   26  
   27  ================= T I T L E  A M E N D M E N T ================
   28         And the title is amended as follows:
   29         Delete line 36
   30  and insert:
   31  
   32         damages; amending s. 400.141, F.S.; providing that
   33         general and professional liability insurance policies
   34         containing certain provisions are insufficient to
   35         fulfill certain requirements specified by state law:
   36         providing for applicability; providing an effective
   37         date.