Bill Amendment: FL S0074 | 2021 | Regular Session

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: COVID-19-related Claims Against Health Care Providers

Status: 2021-04-30 - Died in Rules, companion bill(s) passed, see CS/SB 72 (Ch. 2021-1) [S0074 Detail]

Download: Florida-2021-S0074-Senate_Committee_Amendment_960140_to_Amendment_395520_.html

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       Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. SB 74
       
       
       
       
       
       
                                Ì960140iÎ960140                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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       The Committee on Rules (Farmer) recommended the following:
       
    1         Senate Amendment to Amendment (395520) (with title
    2  amendment)
    3  
    4         Delete lines 250 - 251
    5  and insert:
    6         (c) For COVID-19-related claims governed by chapter 112 or
    7  chapter 440 and any other claims for benefits provided by law to
    8  individuals suffering injury or illness in the course and scope
    9  of employment, the following individuals are presumed to have
   10  contracted COVID-19 in the course and scope of their employment:
   11         1. A person licensed under chapter 458, chapter 459,
   12  chapter 461, chapter 463, chapter 464, chapter 465, chapter 466,
   13  or chapter 483;
   14         2. An employee of a:
   15         a. Facility licensed, certified, or approved by any state
   16  agency and for which chapter 395, chapter 400, chapter 429, or
   17  chapter 766 applies;
   18         b. Federally qualified health center as defined in 42
   19  U.S.C. s. 1396d(l)(2)(B); or
   20         c. Sole proprietorship, group practice, partnership, or
   21  corporation that provides health care services by physicians
   22  covered by s. 627.419, that is directly supervised by one or
   23  more of such physicians, and that is wholly owned by one or more
   24  of those physicians or by a physician and the spouse, parent,
   25  child, or sibling of that physician;
   26         3. An emergency medical technician as defined in s.
   27  401.23(11); or
   28         4. A paramedic as defined in 401.23(17).
   29         (d) The presumption in paragraph (c) may be rebutted if the
   30  defendant proves by clear and convincing evidence that the
   31  individual’s infection did not arise out of the course and scope
   32  of his or her employment.
   33  
   34  ================= T I T L E  A M E N D M E N T ================
   35  And the title is amended as follows:
   36         Delete line 288
   37  and insert:
   38         creating a certain presumption for COVID-19-related
   39         claims of certain employees which are governed by
   40         certain other provisions; providing that such
   41         presumption may be rebutted under certain
   42         circumstances; providing severability;