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FL S1304
Bill
AI Summary
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Restricts lawsuits for residents' rights violations or negligence at nursing homes and assisted living facilities to claims against licensees, management/consulting companies, managing employees, and direct caregivers only; other parties can only be added after court approval showing sufficient evidence of duty breach
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Requires claimants to submit a written expert opinion corroborating reasonable grounds for their claim when filing presuit notice against each prospective defendant
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Limits admissibility of regulatory evidence (inspections, deficiencies, sanctions) to only violations directly related to the specific resident's injury or substantially similar conduct within 12 months prior
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Establishes stricter expert witness qualifications requiring 3 years of relevant experience in long-term care facilities or treatment of patients 65+ years old, and prohibits expert witnesses from testifying on a contingency fee basis
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Creates mechanism for license revocation or denial if a facility fails to pay a judgment or settlement within 60 days of becoming final, with the Agency for Health Care Administration authorized to issue emergency orders declaring financial inability to operate
Legislative Description
Claims Against Long-term Care Facilities
Last Action
Died in Judiciary
5/5/2023