Senate Bill 1962

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    Florida Senate - 2000                                  SB 1962

    By Senator Campbell





    33-1509-00

  1                      A bill to be entitled

  2         An act relating to school health services;

  3         providing a short title; amending ss. 381.0056,

  4         768.28, F.S.; specifying that certain persons

  5         be considered agents of the state for purposes

  6         of sovereign immunity when rendering specified

  7         services; creating s. 381.0058, F.S., relating

  8         to public-private partnerships for the

  9         provision of school nurse services; providing

10         legislative intent and purpose; providing

11         departmental duties; providing a proposal

12         submission and review process; providing for

13         the scope of services to be provided; providing

14         for review and selection criteria; providing

15         legislative intent relating to funding of the

16         act; providing appropriations; providing an

17         effective date.

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19  Be It Enacted by the Legislature of the State of Florida:

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21         Section 1.  This act may be cited as the "One School,

22  One Nurse Act."

23         Section 2.  Subsection (10) of section 381.0056,

24  Florida Statutes, is amended to read:

25         381.0056  School health services program.--

26         (10)  Any person who health care entity that provides

27  school health services under contract with the department

28  pursuant to a school health services plan developed under this

29  section and who is the employee or agent of a health care

30  entity that has agreed, in writing, to act on behalf of the

31  state as an agent of the Department of Health to provide

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  1  school health services, with or without compensation, is,

  2  solely with respect to such services, an agent of the state

  3  for purposes of s. 768.28., and as part of a school nurse

  4  services public-private partnership, is deemed to be a

  5  corporation acting primarily as an instrumentality of the

  6  state solely for the purpose of limiting liability pursuant to

  7  s. 768.28(5). The limitations on tort actions contained in s.

  8  768.28(5) shall apply to any action against the entity with

  9  respect to the provision of school health services, if the

10  entity is acting within the scope of and pursuant to

11  guidelines established in the contract or by rule of the

12  department. The contract must require the entity, or the

13  partnership on behalf of the entity, to obtain general

14  liability insurance coverage, with any additional endorsement

15  necessary to insure the entity for liability assumed by its

16  contract with the department. The Legislature intends that

17  insurance be purchased by entities, or by partnerships on

18  behalf of the entity, to cover all liability claims, and under

19  no circumstances shall the state or the department be

20  responsible for payment of any claims or defense costs for

21  claims brought against the entity or its subcontractor for

22  services performed under the contract with the department.

23  This subsection does not preclude consideration by the

24  Legislature for payment by the state of any claims bill

25  involving an entity contracting with the department pursuant

26  to this section.

27         Section 3.  Section 381.0058, Florida Statutes, is

28  created to read:

29         381.0058  Matching funds for school nurse services

30  public-private partnerships.--

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  1         (1)  It is the intent of the Legislature that matching

  2  funds, in addition to those provided under s. 381.0056 for the

  3  School Health Services Act and s. 381.0057 for school health

  4  services funding, be provided in those communities where

  5  interest in school health services is evidenced by the

  6  participation of public or private entities in the funding or

  7  delivery of school nurse services. The purpose of this funding

  8  is to encourage the development of those programs that offer

  9  the greatest potential for promoting the health of students,

10  increasing the availability of and access to nurses in the

11  school setting, and fostering greater community participation

12  in the delivery of school nurse services. Matching funds shall

13  be available specifically for implementation of programs as

14  described in ss. 381.0056, 381.0057, and 402.3026, and that

15  are designed to meet the particular needs of the community.

16  Further, it is the intent of the Legislature that

17  tobacco-settlement revenue be used to pay for health and human

18  services for children.

19         (2)  The Secretary of Health, or his or her designee,

20  in cooperation with the Commissioner of Education, or his or

21  her designee, shall publicize the availability of matching

22  funds for public and private entities committed to enhancing

23  the availability of school nurse service, as reflected in

24  formal agreements that are part of the local school health

25  services plan.

26         (3)  The Secretary of Health, or his or her designees,

27  in cooperation with the Commissioner of Education, or his or

28  her designees, in equal representation, shall form a committee

29  to determine the eligibility of sites to receive matching

30  funds.

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  1         (4)  Any community that seeks to receive state matching

  2  funds under this section must submit a proposal to the

  3  committee established in subsection (3). The proposal must

  4  state the goals of the program, provide specific plans for

  5  enhancing local resources available for school nurse services,

  6  and describe all of the health services to be made available

  7  to students from matching funds provided under this section. A

  8  county health department or school district receiving matching

  9  funds may not supplant more than 50 percent of the current

10  local contributions to school health services funding, as

11  documented in the local school health services plan.

12         (5)  In addition to the merits of a proposal, the award

13  of matching funds must be based on those proposals from sites

14  that include county health departments and school districts

15  that most closely meet the following criteria:

16         (a)  Have evidence of a comprehensive inservice staff

17  development plan.

18         (b)  Have evidence of a cooperative working

19  relationship between the county health department and the

20  school district and have community as well as parental

21  support.

22         (c)  Have a high percentage of subsidized school

23  lunches.

24         (d)  Have a high incidence of medically underserved

25  high-risk children, low-birthweight babies, infant mortality,

26  or teenage pregnancy.

27         (e)  Have a high incidence of children with chronic

28  health conditions or high-risk behavioral problems. 

29         (f)  Have documented in the local school health

30  services plan a commitment from community entities to fund or

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  1  provide other direct resources for the enhanced availability

  2  of school health services.

  3         (g)  Have a plan to ensure billing for Medicaid funding

  4  for services rendered under the certified school match program

  5  or the county health department certified match program as

  6  specified in s. 409.9122.

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  8  While these criteria are part of the proposal review process,

  9  these criteria are not to be construed as the sole factors to

10  be considered in the proposal review process.  The ability and

11  interest of a site in addressing locally identified needs and

12  priorities must also be considered.  In addition, receipt of

13  matching funds is not intended to diminish a site's

14  eligibility for base funding for school health services.

15         Section 4.  Subsection (20) is added to section 768.28,

16  Florida Statutes, to read:

17         768.28  Waiver of sovereign immunity in tort actions;

18  recovery limits; limitation on attorney fees; statute of

19  limitations; exclusions; indemnification; risk management

20  programs.--

21         (20)(a)  A health care provider, or any employee or

22  agent of a health care entity, who has contractually agreed to

23  act on behalf of the state as an agent of the Department of

24  Health to provide school health services as specified in a

25  school health services plan developed under s. 381.0056, with

26  or without compensation, is, solely with respect to such

27  services, an agent of the state for purposes of this section

28  while acting within the scope of his or her license, acting

29  under the supervision of the county health department, and

30  acting pursuant to guidelines established in the school health

31  services plan.  For purposes of this subsection, the

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  1  partnership agreements documented in the school health

  2  services plan developed by the county health department and

  3  district school board under s. 381.0056, including related

  4  contracts and memoranda of agreement, constitute a contract.

  5  Such contract must provide for the indemnification of the

  6  state by the agent for any liabilities incurred, up to the

  7  limits specified in this chapter.

  8         (b)  This subsection does not designate a person who is

  9  not an employee of a unit of government and who provides

10  school health services as an employee or agent of the state

11  for purposes of chapter 440.

12         Section 5.  Legislative intent; funding.--It is the

13  intent of the Legislature that sufficient resources be made

14  available to fund a nurse in every public school in the state,

15  pursuant to this act. The Legislature recognizes that

16  extensive resources will be necessary to achieve this intent,

17  and that a portion of these resources can be found from a

18  variety of existing resources. The Legislature recognizes that

19  existing funding for basic and comprehensive school health

20  services and full service schools, as created under sections

21  381.0056 and 381.0057, Florida Statutes, can be used as

22  partial funding. The Legislature further recognizes that

23  funding earned by local school districts and county health

24  departments from the Agency for Health Care Administration

25  from the delivery of services to Medicaid-eligible students

26  can also be used as partial funding. Finally, the Legislature

27  recognizes that another source of funding is local funding

28  currently being used for school health services, which can now

29  be eligible for matching funds under school nurse services

30  public-private partnerships as created by this act. It is the

31  intent of the Legislature that the remainder of resources

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  1  necessary for placing a nurse in every school will need to be

  2  derived from the state's tobacco settlement revenue.

  3         Section 6.  The sum of $75,000 is appropriated from

  4  nonrecurring General Revenue to the Department of Health for

  5  the purpose of convening a school health summit as recommended

  6  by Senate Interim Project Report 98-30, September 1998.

  7         Section 7.  This act shall take effect July 1, 2000.

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10                          SENATE SUMMARY

11    Revises provisions related to school health services
      programs. Provides legislative intent and guidelines to
12    publicize and make available matching funds for school
      nurse services public-private partnerships. Provides a
13    waiver of sovereign immunity relating to tort actions
      relating to certain health care providers or entities
14    that are acting on behalf of the state in providing
      school health services. Provides for funding such
15    programs and provides an appropriation. (See bill for
      details.)
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