FL S0670

Limits causes of action for nursing home negligence or residents' rights violations to claims against the licensee, management/consulting companies, managing employees, and direct caregivers; other individuals or entities may only be sued if a court determines sufficient evidence of duty and breach after a motion hearing.

Requires clear and convincing evidence and a court hearing before punitive damages claims may proceed; establishes that punitive damages require proof of intentional misconduct or gross negligence by a specific defendant and, for vicarious liability, requires an officer, director, or manager to have condoned, ratified, or consented to the conduct.

Creates new authority for the Agency for Health Care Administration to revoke or deny nursing home licenses if licensees fail to pay judgments or settlements within 60 days; licensees may avoid penalties by providing proof of payment, payment plans, pending appeals, or stays of execution.

Revises procedures for obtaining resident medical records to specify who may request records for deceased residents (personal representatives, designated heirs, or surviving family members) and requires facilities to provide records within 14 days for current residents or 30 days for former residents.

Provides immunity from liability to nursing home facilities that release records in good faith and prohibits the Agency from citing facilities for noncompliance with record-provision requirements through the survey process.