FL S1384

Requires a showing of admissible evidence with a reasonable basis for punitive damages recovery before a claim can be brought in nursing home litigation cases.

Mandates courts conduct an evidentiary hearing to determine whether sufficient admissible evidence exists to support a reasonable belief that a claimant can demonstrate by clear and convincing evidence that punitive damages are warranted.

Restricts discovery of financial worth until after the court approves the pleading on punitive damages.

Requires the trier of fact to find by clear and convincing evidence that a specific person or corporate defendant actively and knowingly participated in intentional misconduct or engaged in gross negligence that contributed to the claimant's loss, damages, or injury.

Prohibits imposing punitive damages on employers, corporations, or legal entities for employee or agent conduct unless an officer, director, or manager condoned, ratified, or consented to that conduct, and bars use of state or federal survey reports of nursing facilities to establish entitlement to punitive damages.