CS for CS for SB 2252                            First Engrossed
       
       
       
       
       
       
       
       
       20092252e1
       
    1                        A bill to be entitled                      
    2         An act relating to professional liability claims;
    3         amending s. 624.424, F.S.; clarifying a provision
    4         requiring that the Financial Services Commission adopt
    5         rules; amending s. 627.912, F.S.; revising
    6         requirements for reporting professional liability
    7         claims and actions; providing definitions; specifying
    8         events for which certain reports are required;
    9         requiring certain absence of claims submission reports
   10         to be filed under certain circumstances; providing
   11         requirements for treatment of reopened claims;
   12         providing an effective date.
   13  
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Paragraph (e) of subsection (8) of section
   17  624.424, Florida Statutes, is amended to read:
   18         624.424 Annual statement and other information.—
   19         (8)
   20         (e) The commission shall adopt rules to implement this
   21  subsection, which rules must be in substantial conformity with
   22  the 1998 Model Rule Requiring Annual Audited Financial Reports
   23  adopted by the National Association of Insurance Commissioners
   24  or subsequent amendments, except where inconsistent with the
   25  requirements of this subsection. Any exception to, waiver of, or
   26  interpretation of accounting requirements of the commission must
   27  be in writing and signed by an authorized representative of the
   28  office. No insurer may raise as a defense in any action, any
   29  exception to, waiver of, or interpretation of accounting
   30  requirements, unless previously issued in writing by an
   31  authorized representative of the office.
   32         Section 2. Subsection (1) of section 627.912, Florida
   33  Statutes, is amended to read:
   34         627.912 Professional liability claims and actions; reports
   35  by insurers and health care providers; annual report by office.—
   36         (1)(a) Each self-insurer authorized under s. 627.357 and
   37  each commercial self-insurance fund authorized under s. 624.462,
   38  authorized insurer, surplus lines insurer, risk retention group,
   39  and joint underwriting association providing professional
   40  liability insurance to a practitioner of medicine licensed under
   41  chapter 458, to a practitioner of osteopathic medicine licensed
   42  under chapter 459, to a podiatric physician licensed under
   43  chapter 461, to a dentist licensed under chapter 466, to a
   44  hospital licensed under chapter 395, to a crisis stabilization
   45  unit licensed under part IV of chapter 394, to a health
   46  maintenance organization certificated under part I of chapter
   47  641, to clinics included in chapter 390, or to an ambulatory
   48  surgical center as defined in s. 395.002, and each insurer
   49  providing professional liability insurance to a member of The
   50  Florida Bar shall report to the office as set forth in paragraph
   51  (c) any written claim or action for damages for personal
   52  injuries claimed to have been caused by error, omission, or
   53  negligence in the performance of such insured’s professional
   54  services or based on a claimed performance of professional
   55  services without consent, if the claim resulted in:
   56         1.A final judgment in any amount.
   57         2.A settlement in any amount.
   58         3.A final disposition of a medical malpractice claim
   59  resulting in no indemnity payment on behalf of the insured.
   60         (b)For purposes of this section, the term “claim” means
   61  the receipt of a notice of intent to initiate litigation, a
   62  summons and complaint, or a written demand from a person or his
   63  or her legal representative stating an intention to pursue an
   64  action for damages against a person described in paragraph (a).
   65         (c)The duty to report specified in paragraph (a) arises
   66  upon the occurrence of the first of:
   67         1.The entry of any judgment against any provider
   68  identified in paragraph (a) for which all appeals as a matter of
   69  right have been exhausted or for which the time period for
   70  filing such an appeal has expired;
   71         2.The execution of an agreement between a provider
   72  identified in paragraph (a) or an entity required to report
   73  under that paragraph and a claimant to settle damages purported
   74  to arise from the provision of professional services, which
   75  agreement includes the indemnity payment of at least $1;
   76  however, if any applicable law requires any such agreement to be
   77  approved by the court, the duty arises when the agreement is
   78  approved;
   79         3.The final payment of any indemnity money by any of the
   80  entities required to report under paragraph (a) on behalf of any
   81  provider identified in that paragraph for damages purported to
   82  arise from professional services rendered; or
   83         4.The final disposition of a claim for which no indemnity
   84  payment was made on behalf of the insured but for which loss
   85  adjustment expenses were paid in excess of $5,000. As used in
   86  this subparagraph, the term “final disposition” means the
   87  insurer has brought down all reserves and closed its file.
   88         (d)After any calendar year in which no claim or action for
   89  damages was closed, the entity shall file a no claim submission
   90  report. Such report shall be filed with the office no later than
   91  April 1 of each calendar year for the immediately preceding
   92  calendar year. If a reporting entity submits such a report for a
   93  particular calendar year and subsequently discovers that its
   94  report was submitted in error, the reporting entity shall
   95  promptly notify the office of the error and take steps as
   96  directed by the office to make the needed corrections.
   97         (e)If a claim is initially opened and then closed, and is
   98  subsequently reopened, the reopened claim shall be treated as a
   99  new claim and reported after the occurrence of the first of any
  100  event listed in paragraph (c).
  101         (f)(b) Each health care practitioner and health care
  102  facility listed in paragraph (a) must report any claim or action
  103  for damages as described in paragraph (a), if the claim is not
  104  otherwise required to be reported by an insurer or other
  105  insuring entity.
  106         (g) Reports under this subsection shall be filed with the
  107  office no later than 30 days following the occurrence of the
  108  first of any event listed in paragraph (c) (a). An insurer is
  109  not required to file a new or amended report on a claim more
  110  than 1 year after submitting an initial report.
  111         Section 3. This act shall take effect July 1, 2009.