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The Florida Statutes

The 2023 Florida Statutes (including Special Session C)

Title XXIX
Chapter 395
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F.S. 395.1061
395.1061 Professional liability coverage.
(1) As used in this section, the term:
(a) “Committee” means a committee or board of a hospital established to make recommendations, policies, or decisions regarding patient institutional utilization, patient treatment, or institutional staff privileges or to perform other administrative or professional purposes or functions.
(b) “Covered individuals” means the officers; trustees; volunteer workers; trainees; committee members, including physicians, osteopathic physicians, podiatric physicians, and dentists; and employees of the hospital other than employed physicians licensed under chapter 458, physician assistants licensed under chapter 458, osteopathic physicians licensed under chapter 459, dentists licensed under chapter 466, and podiatric physicians licensed under chapter 461. However, with respect to a hospital, the term also includes house physicians, interns, employed physician residents in a resident training program, and physicians performing purely administrative duties for the hospital instead of treating patients.
(c) “Hospital system” means two or more hospitals associated by common ownership or corporate affiliation.
(d) “House physician” means any physician, osteopathic physician, podiatric physician, or dentist at a hospital, except:
1. The physician, osteopathic physician, podiatric physician, or dentist who has staff privileges at a hospital, provides emergency room services, or performs a medical or dental service for a fee; or
2. An anesthesiologist, pathologist, or radiologist.
(e) “Occurrence” means an accident or incident, including continuous or repeated exposure to certain harmful conditions, which results in patient injuries.
(f) “Per claim” means all claims per patient arising out of an occurrence.
(2) Each hospital, unless exempted under paragraph (3)(b), must demonstrate financial responsibility for maintaining professional liability coverage to pay claims and costs ancillary thereto arising out of the rendering of or failure to render medical care or services and for bodily injury or property damage to the person or property of any patient arising out of the activities of the hospital or arising out of the activities of covered individuals, to the satisfaction of the Agency for Health Care Administration, by meeting one of the following requirements:
(a) Establish an escrow account in an amount equivalent to $10,000 per claim for each bed in such hospital, not to exceed a $2.5 million annual aggregate.
(b) Obtain professional liability coverage in an amount equivalent to $10,000 or more per claim for each bed in such hospital from a private insurer, from the Joint Underwriting Association established under s. 627.351(4), or through a plan of self-insurance as provided in s. 627.357. However, a hospital may not be required to obtain such coverage in an amount exceeding a $2.5 million annual aggregate.
(3)(a) Each hospital, unless exempted under paragraph (b), shall provide evidence of compliance and remain in continuous compliance with the professional liability coverage provisions of this section. The Agency for Health Care Administration may not issue or renew the license of any hospital that does not provide evidence of compliance or that provides evidence of insufficient coverage.
(b) Any hospital operated by an agency, subdivision, or instrumentality of the state is exempt from the provisions of this section.
(4) A hospital system may meet the professional liability coverage requirement with an escrow account, insurance, or self-insurance policies if the $10,000 per claim and $2.5 million annual aggregate are met for each hospital in the hospital system.
History.s. 10, ch. 2022-138.