Bill Text: FL H0479 | 2011 | Regular Session | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Medical Malpractice

Spectrum: Moderate Partisan Bill (Republican 19-4-2)

Status: (Engrossed - Dead) 2011-05-04 - Concurred in 5 amendment(s) (462134, 512636, 593896, 855110, 911838) -HJ 1149, 1150 [H0479 Detail]

Download: Florida-2011-H0479-Comm_Sub.html
CS/HB 479

1
A bill to be entitled
2An act relating to medical malpractice; creating ss.
3458.3175 and 459.0066, F.S.; requiring the Department of
4Health to issue expert witness certificates to certain
5physicians licensed outside of the state; providing
6application and certification requirements; establishing
7application fees; providing for the validity and use of
8certifications; exempting physicians issued certifications
9from certain licensure and fee requirements; amending ss.
10458.331 and 459.015, F.S.; providing additional acts that
11constitute grounds for denial of a license or disciplinary
12action to which penalties apply; providing construction
13with respect to the doctrine of incorporation by
14reference; amending ss. 458.351 and 459.026, F.S.;
15requiring the boards to adopt within a specified period
16certain patient forms specifying cataract surgery risks;
17specifying that an incident resulting from risks disclosed
18in the patient form is not an adverse incident; providing
19for the execution and admissibility of the patient forms
20in civil and administrative proceedings; creating a
21rebuttable presumption that a physician disclosed cataract
22surgery risks if the patient form is executed; amending s.
23627.4147, F.S.; deleting a requirement that medical
24malpractice insurance contracts contain a clause
25authorizing the insurer to make and conclude certain
26offers within policy limits over the insured's veto;
27amending s. 766.102, F.S.; defining terms; providing that
28certain insurance information is not admissible as
29evidence in medical negligence actions; requiring that
30certain expert witnesses who provide certain expert
31testimony meet certain licensure or certification
32requirements; establishing the burden of proof that a
33claimant must meet in certain damage claims against health
34care providers based on death or personal injury;
35excluding a health care provider's failure to comply with
36or breach of federal requirements from evidence in medical
37negligence cases in the state; amending s. 766.106, F.S.;
38requiring claimants for medical malpractice to execute an
39authorization form; allowing prospective medical
40malpractice defendants to interview a claimant's treating
41health care provider without notice to or the presence of
42the claimant or the claimant's legal representative;
43authorizing prospective defendants to take unsworn
44statements of a claimant's health care provider; creating
45s. 766.1065, F.S.; requiring that presuit notice for
46medical negligence claims be accompanied by an
47authorization for release of protected health information;
48providing requirements for the form of such authorization;
49amending s. 766.206, F.S.; requiring dismissal of a
50medical malpractice claim if such authorization is not
51completed in good faith; amending s. 768.0981, F.S.;
52limiting the liability of hospitals related to certain
53medical negligence claims; providing an effective date.
54
55Be It Enacted by the Legislature of the State of Florida:
56
57     Section 1.  Section 458.3175, Florida Statutes, is created
58to read:
59     458.3175  Expert witness certificate.-
60     (1)(a)  The department shall issue a certificate
61authorizing a physician who holds an active and valid license to
62practice medicine in another state or a province of Canada to
63provide expert testimony in this state, if the physician submits
64to the department:
65     1.  A complete registration application containing the
66physician's legal name, mailing address, telephone number,
67business locations, the names of the jurisdictions where the
68physician holds an active and valid license to practice
69medicine, and the license number or other identifying number
70issued to the physician by the jurisdiction's licensing entity;
71and
72     2.  An application fee of $50.     
73     (b)  The department shall approve an application for an
74expert witness certificate within 7 business days after receipt
75of the completed application and payment of the application fee
76if the applicant holds an active and valid license to practice
77medicine in another state or a province of Canada and has not
78had a previous expert witness certificate revoked by the board.
79An application is approved by default if the department does not
80act upon the application within the required period. A physician
81must notify the department in writing of his or her intent to
82rely on a certificate approved by default.
83     (c)  An expert witness certificate is valid for 2 years
84after the date of issuance.
85     (2)  An expert witness certificate authorizes the physician
86to whom the certificate is issued to do only the following:
87     (a)  Provide a verified written medical expert opinion as
88provided in s. 766.203.
89     (b)  Provide expert testimony about the prevailing
90professional standard of care in connection with medical
91negligence litigation pending in this state against a physician
92licensed under this chapter or chapter 459.
93     (3)  An expert witness certificate does not authorize a
94physician to engage in the practice of medicine as defined in s.
95458.305. A physician issued a certificate under this section who
96does not otherwise practice medicine in this state is not
97required to obtain a license under this chapter or pay any
98license fees, including, but not limited to, a neurological
99injury compensation assessment. An expert witness certificate
100shall be treated as a license in any disciplinary action, and
101the holder of an expert witness certificate shall be subject to
102discipline by the board.
103     Section 2.  Subsection (11) is added to section 458.331,
104Florida Statutes, paragraphs (oo) through (qq) of subsection (1)
105of that section are redesignated as paragraphs (pp) through
106(rr), respectively, and a new paragraph (oo) is added to that
107subsection, to read:
108     458.331  Grounds for disciplinary action; action by the
109board and department.-
110     (1)  The following acts constitute grounds for denial of a
111license or disciplinary action, as specified in s. 456.072(2):
112     (oo)  Providing misleading, deceptive, or fraudulent expert
113witness testimony related to the practice of medicine.
114     (11)  The purpose of this section is to facilitate uniform
115discipline for those acts made punishable under this section
116and, to this end, a reference to this section constitutes a
117general reference under the doctrine of incorporation by
118reference.
119     Section 3.  Subsection (6) of section 458.351, Florida
120Statutes, is renumbered as subsection (7), and a new subsection
121(6) is added to that section, to read:
122     458.351  Reports of adverse incidents in office practice
123settings.-
124     (6)(a)  The board shall adopt rules establishing a standard
125informed consent form that sets forth the recognized specific
126risks related to cataract surgery. The board must propose such
127rules within 90 days after the effective date of this
128subsection.
129     (b)  Before formally proposing the rule, the board must
130consider information from physicians licensed under this chapter
131or chapter 459 regarding recognized specific risks related to
132cataract surgery and the standard informed consent forms adopted
133for use in the medical field by other states.
134     (c)  A patient's informed consent is not executed until the
135patient, or a person authorized by the patient to give consent,
136and a competent witness sign the form adopted by the board.
137     (d)  An incident resulting from recognized specific risks
138described in the signed consent form is not considered an
139adverse incident for purposes of s. 395.0197 and this section.
140     (e)  In a civil action or administrative proceeding against
141a physician based on his or her alleged failure to properly
142disclose the risks of cataract surgery, a patient's informed
143consent executed as provided in paragraph (c) on the form
144adopted by the board is admissible as evidence and creates a
145rebuttable presumption that the physician properly disclosed the
146risks.
147     Section 4.  Section 459.0066, Florida Statutes, is created
148to read:
149     459.0066  Expert witness certificate.-
150     (1)(a)  The department shall issue a certificate
151authorizing a physician who holds an active and valid license to
152practice osteopathic medicine in another state or a province of
153Canada to provide expert testimony in this state, if the
154physician submits to the department:
155     1.  A complete registration application containing the
156physician's legal name, mailing address, telephone number,
157business locations, the names of the jurisdictions where the
158physician holds an active and valid license to practice
159osteopathic medicine, and the license number or other
160identifying number issued to the physician by the jurisdiction's
161licensing entity; and
162     2.  An application fee of $50.
163     (b)  The department shall approve an application for an
164expert witness certificate within 7 business days after receipt
165of the completed application and payment of the application fee
166if the applicant holds an active and valid license to practice
167osteopathic medicine in another state or a province of Canada
168and has not had a previous expert witness certificate revoked by
169the board. An application is approved by default if the
170department does not act upon the application within the required
171period. A physician must notify the department in writing of his
172or her intent to rely on a certificate approved by default.
173     (c)  An expert witness certificate is valid for 2 years
174after the date of issuance.
175     (2)  An expert witness certificate authorizes the physician
176to whom the certificate is issued to do only the following:
177     (a)  Provide a verified written medical expert opinion as
178provided in s. 766.203.
179     (b)  Provide expert testimony about the prevailing
180professional standard of care in connection with medical
181negligence litigation pending in this state against a physician
182licensed under chapter 458 or this chapter.
183     (3)  An expert witness certificate does not authorize a
184physician to engage in the practice of osteopathic medicine as
185defined in s. 459.003. A physician issued a certificate under
186this section who does not otherwise practice osteopathic
187medicine in this state is not required to obtain a license under
188this chapter or pay any license fees, including, but not limited
189to, a neurological injury compensation assessment. An expert
190witness certificate shall be treated as a license in any
191disciplinary action, and the holder of an expert witness
192certificate shall be subject to discipline by the board.
193     Section 5.  Subsection (11) is added to section 459.015,
194Florida Statutes, paragraphs (qq) through (ss) of subsection (1)
195of that section are redesignated as paragraphs (rr) through
196(tt), respectively, and a new paragraph (qq) is added to that
197subsection, to read:
198     459.015  Grounds for disciplinary action; action by the
199board and department.-
200     (1)  The following acts constitute grounds for denial of a
201license or disciplinary action, as specified in s. 456.072(2):
202     (qq)  Providing misleading, deceptive, or fraudulent expert
203witness testimony related to the practice of osteopathic
204medicine.
205     (11)  The purpose of this section is to facilitate uniform
206discipline for those acts made punishable under this section
207and, to this end, a reference to this section constitutes a
208general reference under the doctrine of incorporation by
209reference.
210     Section 6.  Subsection (6) of section 459.026, Florida
211Statutes, is renumbered as subsection (7), and a new subsection
212(6) is added to that section, to read:
213     459.026  Reports of adverse incidents in office practice
214settings.-
215     (6)(a)  The board shall adopt rules establishing a standard
216informed consent form that sets forth the recognized specific
217risks related to cataract surgery. The board must propose such
218rules within 90 days after the effective date of this
219subsection.
220     (b)  Before formally proposing the rule, the board must
221consider information from physicians licensed under chapter 458
222or this chapter regarding recognized specific risks related to
223cataract surgery and the standard informed consent forms adopted
224for use in the medical field by other states.
225     (c)  A patient's informed consent is not executed until the
226patient, or a person authorized by the patient to give consent,
227and a competent witness sign the form adopted by the board.
228     (d)  An incident resulting from recognized specific risks
229described in the signed consent form is not considered an
230adverse incident for purposes of s. 395.0197 and this section.
231     (e)  In a civil action or administrative proceeding against
232a physician based on his or her alleged failure to properly
233disclose the risks of cataract surgery, a patient's informed
234consent executed as provided in paragraph (c) on the form
235adopted by the board is admissible as evidence and creates a
236rebuttable presumption that the physician properly disclosed the
237risks.
238     Section 7.  Paragraph (b) of subsection (1) of section
239627.4147, Florida Statutes, is amended to read:
240     627.4147  Medical malpractice insurance contracts.-
241     (1)  In addition to any other requirements imposed by law,
242each self-insurance policy as authorized under s. 627.357 or s.
243624.462 or insurance policy providing coverage for claims
244arising out of the rendering of, or the failure to render,
245medical care or services, including those of the Florida Medical
246Malpractice Joint Underwriting Association, shall include:
247     (b)1.  Except as provided in subparagraph 2., a clause
248authorizing the insurer or self-insurer to determine, to make,
249and to conclude, without the permission of the insured, any
250offer of admission of liability and for arbitration pursuant to
251s. 766.106, settlement offer, or offer of judgment, if the offer
252is within the policy limits. It is against public policy for any
253insurance or self-insurance policy to contain a clause giving
254the insured the exclusive right to veto any offer for admission
255of liability and for arbitration made pursuant to s. 766.106,
256settlement offer, or offer of judgment, when such offer is
257within the policy limits. However, any offer of admission of
258liability, settlement offer, or offer of judgment made by an
259insurer or self-insurer shall be made in good faith and in the
260best interests of the insured.
261     2.a.  With respect to dentists licensed under chapter 466,
262A clause clearly stating whether or not the insured has the
263exclusive right to veto any offer of admission of liability and
264for arbitration pursuant to s. 766.106, settlement offer, or
265offer of judgment if the offer is within policy limits. An
266insurer or self-insurer shall not make or conclude, without the
267permission of the insured, any offer of admission of liability
268and for arbitration pursuant to s. 766.106, settlement offer, or
269offer of judgment, if such offer is outside the policy limits.
270However, any offer for admission of liability and for
271arbitration made under s. 766.106, settlement offer, or offer of
272judgment made by an insurer or self-insurer shall be made in
273good faith and in the best interest of the insured.
274     2.b.  If the policy contains a clause stating the insured
275does not have the exclusive right to veto any offer or admission
276of liability and for arbitration made pursuant to s. 766.106,
277settlement offer or offer of judgment, the insurer or self-
278insurer shall provide to the insured or the insured's legal
279representative by certified mail, return receipt requested, a
280copy of the final offer of admission of liability and for
281arbitration made pursuant to s. 766.106, settlement offer or
282offer of judgment and at the same time such offer is provided to
283the claimant. A copy of any final agreement reached between the
284insurer and claimant shall also be provided to the insurer or
285his or her legal representative by certified mail, return
286receipt requested not more than 10 days after affecting such
287agreement.
288     Section 8.  Subsections (3), (4), and (5) of section
289766.102, Florida Statutes, are amended, subsection (12) of that
290section is renumbered as subsection (14), and new subsections
291(12) and (13) are added to that section, to read:
292     766.102  Medical negligence; standards of recovery; expert
293witness.-
294     (3)(a)  As used in this subsection, the term:
295     1.  "Insurer" means any public or private insurer,
296including the Centers for Medicare and Medicaid Services.
297     2.  "Reimbursement determination" means an insurer's
298determination of the amount that the insurer will reimburse a
299health care provider for health care services.
300     3.  "Reimbursement policies" means an insurer's policies
301and procedures governing its decisions regarding health
302insurance coverage and method of payment and the data upon which
303such policies and procedures are based, including, but not
304limited to, data from national research groups and other patient
305safety data as defined in s. 766.1016.
306     (b)  The existence of a medical injury does shall not
307create any inference or presumption of negligence against a
308health care provider, and the claimant must maintain the burden
309of proving that an injury was proximately caused by a breach of
310the prevailing professional standard of care by the health care
311provider. Any records, policies, or testimony of an insurer's
312reimbursement policies or reimbursement determination regarding
313the care provided to the plaintiff are not admissible as
314evidence in any medical negligence action. However, the
315discovery of the presence of a foreign body, such as a sponge,
316clamp, forceps, surgical needle, or other paraphernalia commonly
317used in surgical, examination, or diagnostic procedures, shall
318be prima facie evidence of negligence on the part of the health
319care provider.
320     (4)(a)  The Legislature is cognizant of the changing trends
321and techniques for the delivery of health care in this state and
322the discretion that is inherent in the diagnosis, care, and
323treatment of patients by different health care providers. The
324failure of a health care provider to order, perform, or
325administer supplemental diagnostic tests is shall not be
326actionable if the health care provider acted in good faith and
327with due regard for the prevailing professional standard of
328care.
329     (b)  In an action for damages based on death or personal
330injury which alleges that such death or injury resulted from the
331failure of a health care provider to order, perform, or
332administer supplemental diagnostic tests, the claimant has the
333burden of proving by clear and convincing evidence that the
334alleged actions of the health care provider represented a breach
335of the prevailing professional standard of care.
336     (5)  A person may not give expert testimony concerning the
337prevailing professional standard of care unless the that person
338is a licensed health care provider who holds an active and valid
339license and conducts a complete review of the pertinent medical
340records and meets the following criteria:
341     (a)  If the health care provider against whom or on whose
342behalf the testimony is offered is a specialist, the expert
343witness must:
344     1.  Specialize in the same specialty as the health care
345provider against whom or on whose behalf the testimony is
346offered; or specialize in a similar specialty that includes the
347evaluation, diagnosis, or treatment of the medical condition
348that is the subject of the claim and have prior experience
349treating similar patients; and
350     2.  Have devoted professional time during the 5 3 years
351immediately preceding the date of the occurrence that is the
352basis for the action to:
353     a.  The active clinical practice of, or consulting with
354respect to, the same or similar specialty that includes the
355evaluation, diagnosis, or treatment of the medical condition
356that is the subject of the claim and have prior experience
357treating similar patients;
358     b.  Instruction of students in an accredited health
359professional school or accredited residency or clinical research
360program in the same or similar specialty; or
361     c.  A clinical research program that is affiliated with an
362accredited health professional school or accredited residency or
363clinical research program in the same or similar specialty.
364     (b)  If the health care provider against whom or on whose
365behalf the testimony is offered is a general practitioner, the
366expert witness must have devoted professional time during the 5
367years immediately preceding the date of the occurrence that is
368the basis for the action to:
369     1.  The active clinical practice or consultation as a
370general practitioner;
371     2.  The instruction of students in an accredited health
372professional school or accredited residency program in the
373general practice of medicine; or
374     3.  A clinical research program that is affiliated with an
375accredited medical school or teaching hospital and that is in
376the general practice of medicine.
377     (c)  If the health care provider against whom or on whose
378behalf the testimony is offered is a health care provider other
379than a specialist or a general practitioner, the expert witness
380must have devoted professional time during the 5 3 years
381immediately preceding the date of the occurrence that is the
382basis for the action to:
383     1.  The active clinical practice of, or consulting with
384respect to, the same or similar health profession as the health
385care provider against whom or on whose behalf the testimony is
386offered;
387     2.  The instruction of students in an accredited health
388professional school or accredited residency program in the same
389or similar health profession in which the health care provider
390against whom or on whose behalf the testimony is offered; or
391     3.  A clinical research program that is affiliated with an
392accredited medical school or teaching hospital and that is in
393the same or similar health profession as the health care
394provider against whom or on whose behalf the testimony is
395offered.
396     (12)  If a physician licensed under chapter 458 or chapter
397459 is the party against whom, or on whose behalf, expert
398testimony about the prevailing professional standard of care is
399offered, the expert witness must be licensed under chapter 458
400or chapter 459 or possess a valid expert witness certificate
401issued under s. 458.3175 or s. 459.0066.
402     (13)  A health care provider's failure to comply with or
403breach of any federal requirement is not admissible as evidence
404in any medical negligence case in this state.
405     Section 9.  Paragraph (a) of subsection (2), subsection
406(5), and paragraph (b) of subsection (6) of section 766.106,
407Florida Statutes, are amended to read:
408     766.106  Notice before filing action for medical
409negligence; presuit screening period; offers for admission of
410liability and for arbitration; informal discovery; review.-
411     (2)  PRESUIT NOTICE.-
412     (a)  After completion of presuit investigation pursuant to
413s. 766.203(2) and prior to filing a complaint for medical
414negligence, a claimant shall notify each prospective defendant
415by certified mail, return receipt requested, of intent to
416initiate litigation for medical negligence. Notice to each
417prospective defendant must include, if available, a list of all
418known health care providers seen by the claimant for the
419injuries complained of subsequent to the alleged act of
420negligence, all known health care providers during the 2-year
421period prior to the alleged act of negligence who treated or
422evaluated the claimant, and copies of all of the medical records
423relied upon by the expert in signing the affidavit, and the
424executed authorization form provided in s. 766.1065. The
425requirement of providing the list of known health care providers
426may not serve as grounds for imposing sanctions for failure to
427provide presuit discovery.
428     (5) DISCOVERY AND ADMISSIBILITY.-A No statement,
429discussion, written document, report, or other work product
430generated by the presuit screening process is not discoverable
431or admissible in any civil action for any purpose by the
432opposing party. All participants, including, but not limited to,
433physicians, investigators, witnesses, and employees or
434associates of the defendant, are immune from civil liability
435arising from participation in the presuit screening process.
436This subsection does not prevent a physician licensed under
437chapter 458 or chapter 459 who submits a verified written expert
438medical opinion from being subject to denial of a license or
439disciplinary action under s. 458.331(1)(oo) or s.
440459.015(1)(qq).
441     (6)  INFORMAL DISCOVERY.-
442     (b)  Informal discovery may be used by a party to obtain
443unsworn statements, the production of documents or things, and
444physical and mental examinations, as follows:
445     1.  Unsworn statements.-Any party may require other parties
446to appear for the taking of an unsworn statement. Such
447statements may be used only for the purpose of presuit screening
448and are not discoverable or admissible in any civil action for
449any purpose by any party. A party desiring to take the unsworn
450statement of any party must give reasonable notice in writing to
451all parties. The notice must state the time and place for taking
452the statement and the name and address of the party to be
453examined. Unless otherwise impractical, the examination of any
454party must be done at the same time by all other parties. Any
455party may be represented by counsel at the taking of an unsworn
456statement. An unsworn statement may be recorded electronically,
457stenographically, or on videotape. The taking of unsworn
458statements is subject to the provisions of the Florida Rules of
459Civil Procedure and may be terminated for abuses.
460     2.  Documents or things.-Any party may request discovery of
461documents or things. The documents or things must be produced,
462at the expense of the requesting party, within 20 days after the
463date of receipt of the request. A party is required to produce
464discoverable documents or things within that party's possession
465or control. Medical records shall be produced as provided in s.
466766.204.
467     3.  Physical and mental examinations.-A prospective
468defendant may require an injured claimant to appear for
469examination by an appropriate health care provider. The
470prospective defendant shall give reasonable notice in writing to
471all parties as to the time and place for examination. Unless
472otherwise impractical, a claimant is required to submit to only
473one examination on behalf of all potential defendants. The
474practicality of a single examination must be determined by the
475nature of the claimant's condition, as it relates to the
476liability of each prospective defendant. Such examination report
477is available to the parties and their attorneys upon payment of
478the reasonable cost of reproduction and may be used only for the
479purpose of presuit screening. Otherwise, such examination report
480is confidential and exempt from the provisions of s. 119.07(1)
481and s. 24(a), Art. I of the State Constitution.
482     4.  Written questions.-Any party may request answers to
483written questions, the number of which may not exceed 30,
484including subparts. A response must be made within 20 days after
485receipt of the questions.
486     5.  Ex parte interviews of treating health care providers.-
487A prospective defendant or his or her legal representative may
488interview the claimant's treating health care providers without
489notice to or the presence of the claimant or the claimant's
490legal representative.
491     6.5.  Unsworn statements of treating health care providers
492Medical information release.-The claimant must execute a medical
493information release that allows A prospective defendant or his
494or her legal representative may also to take unsworn statements
495of the claimant's treating health care providers physicians. The
496statements must be limited to those areas that are potentially
497relevant to the claim of personal injury or wrongful death.
498Subject to the procedural requirements of subparagraph 1., a
499prospective defendant may take unsworn statements from a
500claimant's treating physicians. Reasonable notice and
501opportunity to be heard must be given to the claimant or the
502claimant's legal representative before taking unsworn
503statements. The claimant or claimant's legal representative has
504the right to attend the taking of such unsworn statements.
505     Section 10.  Section 766.1065, Florida Statutes, is created
506to read:
507     766.1065  Authorization for release of protected health
508information.-
509     (1)  Presuit notice of intent to initiate litigation for
510medical negligence under s. 766.106(2) must be accompanied by an
511authorization for release of protected health information in the
512form specified by this section, authorizing the disclosure of
513protected health information that is potentially relevant to the
514claim of personal injury or wrongful death. The presuit notice
515is void if this authorization does not accompany the presuit
516notice and other materials required by s. 766.106(2).
517     (2)  If the authorization required by this section is
518revoked, the presuit notice under s. 766.106(2) is deemed
519retroactively void from the date of issuance, and any tolling
520effect that the presuit notice may have had on any applicable
521statute-of-limitations period is retroactively rendered void.
522     (3)  The authorization required by this section shall be in
523the following form and shall be construed in accordance with the
524"Standards for Privacy of Individually Identifiable Health
525Information" in 45 C.F.R. parts 160 and 164:
526
527
AUTHORIZATION FOR RELEASE OF PROTECTED HEALTH INFORMATION
528
529     A.  I,_(...Name of patient or authorized
530representative...) [hereinafter "Patient"], authorize that
531(...Name of health care provider to whom the presuit
532notice is directed...) and his/her/its insurer(s), self-
533insurer(s), and attorney(s) may obtain and disclose
534(within the parameters set out below) the protected health
535information described below for the following specific
536purposes:
537     1.  Facilitating the investigation and evaluation of
538the medical negligence claim described in the accompanying
539presuit notice; or
540     2.  Defending against any litigation arising out of
541the medical negligence claim made on the basis of the
542accompanying presuit notice.
543     B.  The health information obtained, used, or
544disclosed extends to, and includes, the verbal as well as
545the written and is described as follows:
546     1.  The health information in the custody of the
547following health care providers who have examined,
548evaluated, or treated the Patient in connection with
549injuries complained of after the alleged act of
550negligence: (List the name and current address of all
551health care providers). This authorization extends to any
552additional health care providers that may in the future
553evaluate, examine, or treat the Patient for the injuries
554complained of.
555     2.  The health information in the custody of the
556following health care providers who have examined,
557evaluated, or treated the Patient during a period
558commencing 2 years before the incident which is the basis
559of the accompanying presuit notice.
560
561(List the name and current address of such health care
562providers, if applicable.)
563
564     C.  This authorization does not apply to the
565following list of health care providers possessing health
566care information about the Patient because the Patient
567certifies that such health care information is not
568potentially relevant to the claim of personal injury or
569wrongful death which is the basis of the accompanying
570presuit notice.
571
572(List the name of each health care provider to whom this
573authorization does not apply and the inclusive dates of
574examination, evaluation, or treatment to be withheld from
575disclosure. If none, specify "none.")
576
577     D.  The persons or class of persons to whom the
578Patient authorizes such health information to be disclosed
579or by whom such health information is to be used:
580     1.  Any health care provider providing care or
581treatment for the Patient.
582     2.  Any liability insurer or self-insurer providing
583liability insurance coverage, self-insurance, or defense
584to any health care provider to whom presuit notice is
585given regarding the care and treatment of the Patient.
586     3.  Any consulting or testifying expert employed by
587or on behalf of (name of health care provider to whom
588presuit notice was given) his/her/its insurer(s), self-
589insurer(s), or attorney(s) regarding to the matter of the
590presuit notice accompanying this authorization.
591     4.  Any attorney (including secretarial, clerical, or
592paralegal staff) employed by or on behalf of (name of
593health care provider to whom presuit notice was given)
594regarding the matter of the presuit notice accompanying
595this authorization.
596     5.  Any trier of the law or facts relating to any
597suit filed seeking damages arising out of the medical care
598or treatment of the Patient.
599     E.  This authorization expires upon resolution of the
600claim or at the conclusion of any litigation instituted in
601connection with the matter of the presuit notice
602accompanying this authorization, whichever occurs first.
603     F.  The Patient understands that, without exception,
604the Patient has the right to revoke this authorization in
605writing. The Patient further understands that the
606consequence of any such revocation is that the presuit
607notice under s. 766.106(2), Florida Statutes, is deemed
608retroactively void from the date of issuance, and any
609tolling effect that the presuit notice may have had on any
610applicable statute-of-limitations period is retroactively
611rendered void.
612     G.  The Patient understands that signing this
613authorization is not a condition for continued treatment,
614payment, enrollment, or eligibility for health plan
615benefits.
616     H.  The Patient understands that information used or
617disclosed under this authorization may be subject to
618additional disclosure by the recipient and may not be
619protected by federal HIPAA privacy regulations.
620
621Signature of Patient/Representative: ....
622Date: ....
623Name of Patient/Representative: ....
624Description of Representative's Authority: ....
625     Section 11.  Subsection (2) of section 766.206, Florida
626Statutes, is amended to read:
627     766.206  Presuit investigation of medical negligence claims
628and defenses by court.-
629     (2)  If the court finds that the notice of intent to
630initiate litigation mailed by the claimant does is not comply in
631compliance with the reasonable investigation requirements of ss.
632766.201-766.212, including a review of the claim and a verified
633written medical expert opinion by an expert witness as defined
634in s. 766.202, or that the authorization accompanying the notice
635of intent required under s. 766.1065 is not completed in good
636faith by the claimant, the court shall dismiss the claim, and
637the person who mailed such notice of intent, whether the
638claimant or the claimant's attorney, shall be personally liable
639for all attorney's fees and costs incurred during the
640investigation and evaluation of the claim, including the
641reasonable attorney's fees and costs of the defendant or the
642defendant's insurer.
643     Section 12.  Section 768.0981, Florida Statutes, is amended
644to read:
645     768.0981  Limitation on actions against insurers, prepaid
646limited health service organizations, health maintenance
647organizations, hospitals, or prepaid health clinics.-An entity
648licensed or certified under chapter 395, chapter 624, chapter
649636, or chapter 641 is shall not be liable for the medical
650negligence of a health care provider with whom the licensed or
651certified entity has entered into a contract, other than an
652employee of such licensed or certified entity, unless the
653licensed or certified entity expressly directs or exercises
654actual control over the specific conduct that caused injury.
655     Section 13.  This act shall take effect July 1, 2011.


CODING: Words stricken are deletions; words underlined are additions.
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