HB 1723 (2003) -  Long-Term Care Civil Enforcement

by Murzin (CO-SPONSORS) Richardson
Clarifies liability of nurses employed by nursing homes; requires a certificate of counsel certifying compliance with the requirement to serve a copy of a complaint alleging a violation of rights under pt. II of ch. 400, F.S., with the AHCA; provides definitions; authorizes voluntary binding arbitration under ss. 400.02341-400.02348, F.S., following presuit investigation and mediation of claims for resident's rights violation or negligence; provides legislative intent and findings regarding nursing home liability claims; provides for voluntary binding arbitration for certain claims for resident's rights violations or negligence; requires defendants to pay their proportionate share of the economic and noneconomic damages awarded by the arbitration panel; provides for rights of contribution; specifies effects of failure to offer or accept voluntary binding arbitration; authorizes a court to determine whether a claim is subject to voluntary binding arbitration; provides for dissolution of the arbitration panel if agreement cannot be reached and for the appointment of new arbitrators; requires payment of the arbitration award by the defendant; designates arbitration awards and allocation of financial responsibility as final agency action for purposes of s. 120.68, F.S.; provides for appeal to the district court.
Effective Date: This act shall take effect July 1, 2003, and shall apply to causes of action accruing on or after that date.
Last Event: Died in Subcommittee on Health Standards on Friday, May 2, 2003 6:15 PM

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Bill History

Event Time Member Committee Ver.
Event: H Died in Subcommittee on Health Standards Time: 05/02/2003 - 6:15 PM Member: Committee: Subcommittee on Health Standards Version:
Event: H Bill referred to Health Care Time: 03/24/2003 - 5:06 PM Member: Committee: Health Care Version:
Event: H Bill referred to Subcommittee on Health Standards Time: 03/24/2003 - 5:06 PM Member: Committee: Subcommittee on Health Standards Version:
Event: H 1st Reading Time: 03/19/2003 - 10:00 AM Member: Committee: Version:
Event: H Filed timely Time: 03/14/2003 - 2:33 PM Member: Murzin Committee: Version: