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CS/CS/SB 1384: Nursing Home Litigation

GENERAL BILL by Health Policy ; Judiciary ; Galvano

Nursing Home Litigation; Providing that a claim for punitive damages may not be brought unless there is a showing of admissible evidence proffered by the parties which provides a reasonable basis for recovery of punitive damages when certain criteria are applied; requiring the trier of fact to find by clear and convincing evidence that a specific person or corporate defendant actively and knowingly participated in intentional misconduct or engaged in conduct that constituted gross negligence and contributed to the loss, damages, or injury suffered by the claimant before punitive damages may be awarded, etc.

Effective Date: Upon becoming a law
 Last Action: 5/3/2013 Senate - Died on Calendar
Bill Text: Web Page | PDF
Senate Committee References:
  1. Judiciary (JU)
  2. Health Policy (HP)
  3. Rules (RC)

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  • Bill History

    Date Chamber Action
    2/28/2013 Senate • Filed
    3/4/2013 Senate • Referred to Judiciary; Health Policy; Rules -SJ 103
    3/5/2013 Senate • Introduced -SJ 103
    3/27/2013 Senate • On Committee agenda-- Judiciary, 04/01/13, 3:15 pm, 110 Senate Office Building
    4/1/2013 Senate • CS by Judiciary; YEAS 7 NAYS 2 -SJ 346
    4/3/2013 Senate • Pending reference review under Rule 4.7(2) - (Committee Substitute)
    4/4/2013 Senate • Now in Health Policy -SJ 346
    • On Committee agenda-- Health Policy, 04/09/13, 1:30 pm, 412 Knott Building --Not Considered
    • CS by Judiciary read 1st time -SJ 356
    4/11/2013 Senate • On Committee agenda-- Health Policy, 04/16/13, 1:30 pm, 412 Knott Building
    4/16/2013 Senate • CS/CS by Health Policy; YEAS 6 NAYS 3 -SJ 481
    4/17/2013 Senate • Pending reference review under Rule 4.7(2) - (Committee Substitute)
    4/18/2013 Senate • Now in Rules -SJ 481
    • On Committee agenda-- Rules, 04/22/13, 2:00 pm, 110 Senate Office Building
    4/22/2013 Senate • Favorable by- Rules; YEAS 12 NAYS 3 -SJ 480
    4/23/2013 Senate • Placed on Calendar, on 2nd reading -SJ 480
    • CS/CS by Health Policy read 1st time -SJ 492
    4/24/2013 Senate • Placed on Special Order Calendar, 04/29/13
    4/29/2013 Senate • Retained on Calendar -SJ 784
    5/3/2013 Senate • Died on Calendar

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  • CS/CS/SB 1384, Committee Substitute 2 (Current Bill Version) Posted 4/17/2013 at 9:40 AM

    Bill Text:   Web Page | PDF
    Analyses:   Rules (Pre-Meeting) 4/19/2013 (pdf)
    Rules (Post-Meeting) 4/22/2013 (pdf)

    Related Bills (1)

    Bill Number Subject Filed By Relationship Last Action and Location Track Bills
    H 869 Nursing Home Litigation Reform Hager Compare Last Action: 5/3/2013 H Died in Health Innovation Subcommittee
    Location: In committee/council (HIS)     		Track This Bill

    Floor Amendments (5)

    Amendment Sponsor Filed Last Floor Action Format
    388744 - Amendment
    Delete line 52 and insert:     		Soto 4/30/2013
    9:27 AM     		Web Page
    PDF
    456408 - Amendment
    Delete lines 95 - 97 and insert:     		Detert 4/26/2013
    10:52 AM     		Web Page
    PDF
    345052 - Amendment
    Between lines 96 and 97 insert:     		Joyner 4/26/2013
    3:51 PM     		Web Page
    PDF
    hierarchy 620122 - Amendment to Amendment (345052)
    Delete lines 111 - 113 and insert:     		Joyner 4/29/2013
    7:41 AM     		Web Page
    PDF
    861206 - Title Amendment
    In title, delete line 2 and insert:     		Joyner 4/26/2013
    4:57 PM     		Web Page
    PDF

    Committee Votes (1)

    Date Committee Result
    4/22/2013 2:00 PM Rules 12 Yeas - 3 Nays

    Citations - Statutes (1)

    Citation Catchline Location in Bill Location In Bill Help
    400.0237 Punitive damages; pleading; burden of proof. Page 1 (pdf)

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  • CS/SB 1384, Committee Substitute 1 Posted 4/3/2013 at 3:25 PM

    Bill Text:   Web Page | PDF
    Analyses:   Health Policy (Pre-Meeting) 4/8/2013 (pdf)
    Health Policy (Post-Meeting) 4/17/2013 (pdf)

    Related Bills (1)

    Bill Number Subject Filed By Relationship Last Action and Location Track Bills
    H 869 Nursing Home Litigation Reform Hager Compare Last Action: 5/3/2013 H Died in Health Innovation Subcommittee
    Location: In committee/council (HIS)     		Track This Bill

    Committee Amendments (4)

    Amendment Sponsor Filed Last Committee Action Format
    470516 - Amendment
    Delete lines 41 - 42 and insert:     		Health Policy
    (Galvano)     		4/15/2013
    2:57 PM     		Replaced by Committee Substitute
    4/16/2013     		Web Page
    PDF
    498834 - Amendment
    Between lines 96 and 97 insert:     		Health Policy
    (Joyner)     		4/8/2013
    1:37 PM     		Unfavorable
    4/16/2013     		Web Page
    PDF
    hierarchy 529686 - Amendment to Amendment (498834)
    Delete lines 111 - 113 and insert:     		Health Policy
    (Joyner)     		4/9/2013
    11:08 AM     		Favorable
    4/16/2013     		Web Page
    PDF
    747198 - Title Amendment
    In title, delete line 2 and insert:     		Health Policy
    (Joyner)     		4/8/2013
    1:38 PM     		Withdrawn
    4/16/2013     		Web Page
    PDF

    Committee Votes (1)

    Date Committee Result
    4/16/2013 1:30 PM Health Policy 6 Yeas - 3 Nays

    Citations - Statutes (1)

    Citation Catchline Location in Bill Location In Bill Help
    400.0237 Punitive damages; pleading; burden of proof. Page 1 (pdf)

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  • SB 1384, Original Filed Version Posted 2/28/2013 at 4:44 PM

    Bill Text:   Web Page | PDF
    Analyses:   Judiciary (Pre-Meeting) 4/2/2013 (pdf)
    Judiciary (Post-Meeting) 4/3/2013 (pdf)

    Related Bills (1)

    Bill Number Subject Filed By Relationship Last Action and Location Track Bills
    H 869 Nursing Home Litigation Reform Hager Compare Last Action: 5/3/2013 H Died in Health Innovation Subcommittee
    Location: In committee/council (HIS)     		Track This Bill

    Committee Amendments (3)

    Amendment Sponsor Filed Last Committee Action Format
    144494 - Amendment
    Delete lines 40 - 151.     		Judiciary
    (Ring)     		3/29/2013
    5:08 PM     		Replaced by Committee Substitute
    4/3/2013     		Web Page
    PDF
    457328 - Amendment
    Between lines 220 and 221 insert:     		Judiciary
    (Soto)     		3/29/2013
    5:05 PM     		Withdrawn
    4/3/2013     		Web Page
    PDF
    874972 - Amendment
    Between lines 220 and 221 insert:     		Judiciary
    (Soto)     		3/29/2013
    5:07 PM     		Unfavorable
    4/3/2013     		Web Page
    PDF

    Committee Votes (1)

    Date Committee Result
    4/1/2013 3:15 PM Judiciary 7 Yeas - 2 Nays

    Citations - Statutes (2)

    Citation Catchline Location in Bill Location In Bill Help
    400.023 Civil enforcement. Page 2 (pdf)
    400.0237 Punitive damages; pleading; burden of proof. Page 6 (pdf)

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