Florida Senate - 2018                                    SB 1408
       By Senator Simmons
       9-00992A-18                                           20181408__
    1                        A bill to be entitled                      
    2         An act relating to nursing home liability; amending s.
    3         400.141, F.S.; requiring the general and professional
    4         liability insurance coverage that must be maintained
    5         by a licensed nursing home to meet certain criteria;
    6         repealing s. 400.0238, F.S., relating to punitive
    7         damages and limitations on awards; amending s.
    8         400.0239, F.S.; conforming a cross-reference;
    9         providing an effective date.
   11  Be It Enacted by the Legislature of the State of Florida:
   13         Section 1. Paragraph (q) of subsection (1) of section
   14  400.141, Florida Statutes, is amended to read:
   15         400.141 Administration and management of nursing home
   16  facilities.—
   17         (1) Every licensed facility shall comply with all
   18  applicable standards and rules of the agency and shall:
   19         (q) Maintain general and professional liability insurance
   20  coverage that is in force at all times in an amount not less
   21  than $1 million per claim. Any general and professional
   22  liability insurance that provides for the payment of litigation
   23  costs or attorney fees for the defense of any claim against a
   24  nursing home pursuant to common law, s. 400.023, or s. 400.0233
   25  as a deduction from the liability limits of the policy, or that
   26  reduces the liability coverage limits available under the policy
   27  for a settlement or judgment by any amount attributable to legal
   28  costs or attorney fees incurred during the course of the defense
   29  of the insured, does not fulfill the insurance requirement of
   30  this paragraph. In lieu of such coverage, a state-designated
   31  teaching nursing home and its affiliated assisted living
   32  facilities created under s. 430.80 may demonstrate proof of
   33  financial responsibility as provided in s. 430.80(3)(g).
   34         Section 2. Section 400.0238, Florida Statutes, is repealed.
   35         Section 3. Subsection (1) of section 400.0239, Florida
   36  Statutes, is amended to read:
   37         400.0239 Quality of Long-Term Care Facility Improvement
   38  Trust Fund.—
   39         (1) There is created within the Agency for Health Care
   40  Administration a Quality of Long-Term Care Facility Improvement
   41  Trust Fund to support activities and programs directly related
   42  to improvement of the care of nursing home and assisted living
   43  facility residents. The trust fund shall be funded through
   44  proceeds generated pursuant to s. 429.298 ss. 400.0238 and
   45  429.298, through funds specifically appropriated by the
   46  Legislature, through gifts, endowments, and other charitable
   47  contributions allowed under federal and state law, and through
   48  federal nursing home civil monetary penalties collected by the
   49  Centers for Medicare and Medicaid Services and returned to the
   50  state. These funds must be utilized in accordance with federal
   51  requirements.
   52         Section 4. This act shall take effect July 1, 2018.