HB 0881

1
A bill to be entitled
2An act relating to community behavioral health agencies;
3creating s. 624.4624, F.S.; authorizing certain nonprofit
4community mental health or substance abuse providers to
5form a self-insurance fund for certain purposes; providing
6operating requirements of the self-insurance fund;
7providing certain application exceptions for such fund;
8amending s. 768.28, F.S.; providing that certain providers
9or vendors acting contractually on behalf of the
10Department of Children and Family Services, and their
11employees and agents, are agents of the state for purposes
12of waiver of sovereign immunity in tort actions under
13certain circumstances; requiring contracts to provide for
14indemnification of the state by such agents for certain
15liabilities up to certain limits; providing that such
16persons are not employees or agents for purposes of
17workers' compensation; providing an effective date.
18
19Be It Enacted by the Legislature of the State of Florida:
20
21     Section 1.  Section 624.4624, Florida Statutes, is created
22to read:
23     624.4624  Nonprofit community mental health and substance
24abuse provider self-insurance fund.--
25     (1)  Notwithstanding any other provisions of law, any two
26or more nonprofit community mental health or substance abuse
27providers, which are members in good standing of the Florida
28Council for Community Mental Health or the Florida Council for
29Behavioral Healthcare and are located in this state, may form a
30self-insurance fund for the purpose of pooling and spreading
31liabilities of its group members in any property or casualty
32risk or surety insurance or securing the payment of benefits
33under chapter 440, provided the nonprofit community mental
34health and substance abuse provider self-insurance fund created
35must:
36     (a)  Have annual normal premiums in excess of $5 million.
37     (b)  Maintain a continuing program of excess insurance
38coverage and reserve evaluation to protect the financial
39stability of the fund in an amount and manner determined by a
40qualified and independent actuary.
41     (c)  Submit to the office annually an audited fiscal year-
42end financial statement by an independent certified public
43accountant within 6 months after the end of the fiscal year.
44     (d)  Have a governing body which is comprised entirely of
45community mental health and substance abuse provider officials.
46     (2)  A nonprofit community mental health and substance
47abuse provider self-insurance fund that meets the requirements
48of this section is not subject to s. 624.4621 and is not
49required to file any report with the department under s.
50440.38(2)(b) required of group self-insurer funds qualified
51under s. 624.4621. If any of the requirements of this section
52are not met, the nonprofit mental health and substance abuse
53provider self-insurance fund is subject to the requirements of
54s. 624.4621.
55     Section 2.  Subsection (21) is added to section 768.28,
56Florida Statutes, to read:
57     768.28  Waiver of sovereign immunity in tort actions;
58recovery limits; limitation on attorney fees; statute of
59limitations; exclusions; indemnification; risk management
60programs.--
61     (21)(a)  Solely with respect to services to individuals in
62need of detoxification and services through an addictions
63receiving facility under chapter 397 or mental health services
64under chapter 394, providers or vendors, or any of their
65employees or agents, that have contractually agreed to act on
66behalf of the state as agents of the Department of Children and
67Family Services to provide such services are agents of the state
68for purposes of this section while acting within the scope of
69and pursuant to guidelines established in the contract or by
70rule. A contract must provide for the indemnification of the
71state by the agent for any liabilities incurred up to the limits
72set out in this chapter.
73     (b)  This subsection does not designate a person who
74provides contracted services to the Department of Children and
75Family Services as an employee or agent of the state for
76purposes of chapter 440.
77     Section 3.  This act shall take effect July 1, 2005.


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