Florida Senate - 2009                      CS for CS for SB 2252
       
       
       
       By the Committees on General Government Appropriations; and
       Banking and Insurance; and Senator Baker
       
       
       
       601-05043-09                                          20092252c2
    1                        A bill to be entitled                      
    2         An act relating to professional liability claims;
    3         amending s. 627.912, F.S.; revising requirements for
    4         reporting professional liability claims and actions;
    5         providing definitions; specifying events for which
    6         certain reports are required; requiring certain
    7         absence of claims submission reports to be filed under
    8         certain circumstances; providing requirements for
    9         treatment of reopened claims; providing an effective
   10         date.
   11  
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Subsection (1) of section 627.912, Florida
   15  Statutes, is amended to read:
   16         627.912 Professional liability claims and actions; reports
   17  by insurers and health care providers; annual report by office.—
   18         (1)(a) Each self-insurer authorized under s. 627.357 and
   19  each commercial self-insurance fund authorized under s. 624.462,
   20  authorized insurer, surplus lines insurer, risk retention group,
   21  and joint underwriting association providing professional
   22  liability insurance to a practitioner of medicine licensed under
   23  chapter 458, to a practitioner of osteopathic medicine licensed
   24  under chapter 459, to a podiatric physician licensed under
   25  chapter 461, to a dentist licensed under chapter 466, to a
   26  hospital licensed under chapter 395, to a crisis stabilization
   27  unit licensed under part IV of chapter 394, to a health
   28  maintenance organization certificated under part I of chapter
   29  641, to clinics included in chapter 390, or to an ambulatory
   30  surgical center as defined in s. 395.002, and each insurer
   31  providing professional liability insurance to a member of The
   32  Florida Bar shall report to the office as set forth in paragraph
   33  (c) any written claim or action for damages for personal
   34  injuries claimed to have been caused by error, omission, or
   35  negligence in the performance of such insured’s professional
   36  services or based on a claimed performance of professional
   37  services without consent, if the claim resulted in:
   38         1.A final judgment in any amount.
   39         2.A settlement in any amount.
   40         3.A final disposition of a medical malpractice claim
   41  resulting in no indemnity payment on behalf of the insured.
   42         (b)For purposes of this section, the term “claim” means
   43  the receipt of a notice of intent to initiate litigation, a
   44  summons and complaint, or a written demand from a person or his
   45  or her legal representative stating an intention to pursue an
   46  action for damages against a person described in paragraph (a).
   47         (c)The duty to report specified in paragraph (a) arises
   48  upon the occurrence of the first of:
   49         1.The entry of any judgment against any provider
   50  identified in paragraph (a) for which all appeals as a matter of
   51  right have been exhausted or for which the time period for
   52  filing such an appeal has expired;
   53         2.The execution of an agreement between a provider
   54  identified in paragraph (a) or an entity required to report
   55  under that paragraph and a claimant to settle damages purported
   56  to arise from the provision of professional services, which
   57  agreement includes the indemnity payment of at least $1;
   58  however, if any applicable law requires any such agreement to be
   59  approved by the court, the duty arises when the agreement is
   60  approved;
   61         3.The final payment of any indemnity money by any of the
   62  entities required to report under paragraph (a) on behalf of any
   63  provider identified in that paragraph for damages purported to
   64  arise from professional services rendered; or
   65         4.The final disposition of a claim for which no indemnity
   66  payment was made on behalf of the insured but for which loss
   67  adjustment expenses were paid in excess of $5,000. As used in
   68  this subparagraph, the term “final disposition” means the
   69  insurer has brought down all reserves and closed its file.
   70         (d)After any calendar year in which no claim or action for
   71  damages was closed, the entity shall file a no claim submission
   72  report. Such report shall be filed with the office no later than
   73  April 1 of each calendar year for the immediately preceding
   74  calendar year. If a reporting entity submits such a report for a
   75  particular calendar year and subsequently discovers that its
   76  report was submitted in error, the reporting entity shall
   77  promptly notify the office of the error and take steps as
   78  directed by the office to make the needed corrections.
   79         (e)If a claim is initially opened and then closed, and is
   80  subsequently reopened, the reopened claim shall be treated as a
   81  new claim and reported after the occurrence of the first of any
   82  event listed in paragraph (c).
   83         (f)(b) Each health care practitioner and health care
   84  facility listed in paragraph (a) must report any claim or action
   85  for damages as described in paragraph (a), if the claim is not
   86  otherwise required to be reported by an insurer or other
   87  insuring entity.
   88         (g) Reports under this subsection shall be filed with the
   89  office no later than 30 days following the occurrence of the
   90  first of any event listed in paragraph (c) (a).
   91         Section 2. This act shall take effect July 1, 2009.