| 1 | A bill to be entitled |
| 2 | An act relating to community behavioral health agencies; |
| 3 | creating s. 394.9085, F.S.; providing that certain |
| 4 | facilities or programs have liability limits in negligence |
| 5 | actions under certain circumstances; limiting net economic |
| 6 | damages allowed per claim; requiring that damages be |
| 7 | offset by collateral source payment in accordance with s. |
| 8 | 768.76, F.S.; requiring that costs to defend actions be |
| 9 | assumed by the provider or its insurer; specifying |
| 10 | occasions upon which the limitations on liability enjoyed |
| 11 | by the provider extend to the employee; requiring that |
| 12 | providers obtain and maintain specified liability |
| 13 | coverage; specifying that persons providing contractual |
| 14 | services to the state are not considered agents or |
| 15 | employees under ch. 440, F.S.; providing for an annual |
| 16 | increase in the conditional limitations on damages; |
| 17 | providing definitions; providing construction; preserving |
| 18 | sovereign immunity for governmental units and entities |
| 19 | protected by sovereign immunity; providing an effective |
| 20 | date. |
| 21 |
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| 22 | Be It Enacted by the Legislature of the State of Florida: |
| 23 |
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| 24 | Section 1. Section 394.9085, Florida Statutes, is created |
| 25 | to read: |
| 26 | 394.9085 Behavioral provider liability.-- |
| 27 | (1)(a) In any negligence action for damages for personal |
| 28 | injury or wrongful death arising out of the provision of |
| 29 | services for crisis stabilization brought against a |
| 30 | detoxification program, an addictions receiving facility, or a |
| 31 | designated public receiving facility, net economic damages shall |
| 32 | be limited to $1 million per liability claim, including, but not |
| 33 | limited to, past and future medical expenses, wage loss, and |
| 34 | loss of earning capacity. In computing net economic damages, |
| 35 | such damages shall be offset by any collateral source payment |
| 36 | paid in accordance with s. 768.76. |
| 37 | (b) In any negligence action for damages for personal |
| 38 | injury or wrongful death arising out of the provision of |
| 39 | services for crisis stabilization brought against any |
| 40 | detoxification program, an addictions receiving facility, or a |
| 41 | designated public receiving facility, noneconomic damages shall |
| 42 | be limited to $200,000 per claim. |
| 43 | (c) Any costs in defending actions brought under this |
| 44 | section shall be assumed by the provider or its insurer. |
| 45 | (2) The limitations on liability of a detoxification |
| 46 | program, an addictions receiving facility, or any designated |
| 47 | public receiving facility as described in subsection (1) shall |
| 48 | be exclusive. Such limitations apply to each employee of the |
| 49 | provider when the employee is acting in furtherance of the |
| 50 | provider's responsibilities under its contract with the |
| 51 | department. Such limitations do not apply to a provider or |
| 52 | employee who acts in a culpably negligent manner or with willful |
| 53 | and wanton disregard or unprovoked physical aggression if such |
| 54 | acts result in injury or death. |
| 55 | (3) The eligible provider under this section must, as part |
| 56 | of its contract, obtain and maintain an insurance policy |
| 57 | providing a minimum of $1 million per claim and $3 million per |
| 58 | incident in coverage for claims described in subsection (1). |
| 59 | (4) This section does not designate a person who provides |
| 60 | contracted services to the department as an employee or agent of |
| 61 | the state for purposes of chapter 440. |
| 62 | (5) The Legislature is cognizant of the increasing costs |
| 63 | of goods and services each year and recognizes that fixing a set |
| 64 | amount of compensation actually has the effect of a reduction in |
| 65 | compensation each year. Accordingly, the conditional limitations |
| 66 | on damages in this section shall be increased at the rate of 5 |
| 67 | percent each year, prorated from July 1, 2006, to the date at |
| 68 | which damages subject to such limitations are awarded by final |
| 69 | judgment or settlement. |
| 70 | (6) For purposes of this section, the terms |
| 71 | "detoxification program," "addictions receiving facility," and |
| 72 | "receiving facility" have the same meanings as those provided in |
| 73 | ss. 397.311(18)(b), 397.311(18)(a), and 394.455(26), |
| 74 | respectively. |
| 75 | (7) This section shall not be construed to waive sovereign |
| 76 | immunity for any governmental unit or other entity protected by |
| 77 | sovereign immunity. Section 768.28 shall continue to apply to |
| 78 | all governmental units and such entities. |
| 79 | Section 2. This act shall take effect July 1, 2006. |