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FL H0615

Bill

Status

Introduced

2/4/2011

Primary Sponsor

Marti Coley

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Origin

House of Representatives

2011 Regular Session

AI Summary

  • Amends Florida law to allow health care providers and vendors serving clients with developmental disabilities, mental illness, or related disabilities to be considered state agents for sovereign immunity purposes when acting under contractual agreements with the state or Medicaid provider agreements.

  • Requires that at least 75 percent of the provider's or vendor's client population must consist of individuals with developmental disabilities, disabilities as defined in specified statutes, mental illness, or a combination of these conditions to qualify for state agent status.

  • Mandates that contracts or Medicaid provider agreements include indemnification provisions requiring the agent to indemnify the state or its agencies for liabilities up to the limits established in chapter 768, Florida Statutes.

  • Clarifies that providers considered state agents under this provision are not automatically classified as state employees for purposes of workers' compensation laws (chapter 440).

  • Conforms cross-references throughout Florida Statutes by renumbering sovereign immunity provisions in section 768.28 and updating related references in multiple sections covering court personnel, vehicle financial responsibility, health care practitioner requirements, and insurance regulations; effective July 1, 2011.

Legislative Description

Sovereign Immunity

Last Action

Indefinitely postponed and withdrawn from consideration

5/7/2011

Committee Referrals

Health and Human Services Access Subcommittee2/16/2011

Full Bill Text

No bill text available