Bill Amendment: FL S0074 | 2021 | Regular Session

NOTE: For additional amemendments please see the Bill Drafting List

---

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_159204_to_Amendment_395520_.html

---

       Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. SB 74
       
       
       
       
       
       
                                Ì159204ÆÎ159204                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                                       .                                
                                       .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       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 through the course and
    9  scope of employment, the following individuals shall be presumed
   10  to have contracted COVID-19 in the course and scope of their
   11  employment:
   12         1. A person licensed under chapter 458, chapter 459,
   13  chapter 461, chapter 463, chapter 464, chapter 465, chapter 466,
   14  or chapter 483;
   15         2. An employee of a:
   16         a. Facility licensed, certified, or approved by any state
   17  agency and for which chapter 395, chapter 400, chapter 429, or
   18  chapter 766 applies;
   19         b. Federally qualified health center as defined in 42
   20  U.S.C. s. 1396d(l)(2)(B); or
   21         c. Sole proprietorship, group practice, partnership, or
   22  corporation that provides health care services by physicians
   23  covered by s. 627.419, that is directly supervised by one or
   24  more of such physicians, and that is wholly owned by one or more
   25  of those physicians or by a physician and the spouse, parent,
   26  child, or sibling of that physician;
   27         3. An emergency medical technician as defined in s.
   28  401.23(11); or
   29         4. A paramedic as defined in 401.23(17).
   30         (d) The presumption in paragraph (c) may be rebutted if the
   31  defendant proves by clear and convincing evidence that the
   32  individual’s infection did not arise out of the course and scope
   33  of his or her employment.
   34  
   35  ================= T I T L E  A M E N D M E N T ================
   36  And the title is amended as follows:
   37         Delete line 288
   38  and insert:
   39         creating a certain rebuttable presumption for claims
   40         by certain employees which are governed by certain
   41         provisions; providing severability;