1998 Florida Code
TITLE XXIX PUBLIC HEALTH
Chapter 402 Health And Human Services: Miscellaneous Provisions  
402.48   Health care services pools.

402.48  Health care services pools.--

(1)  As used in this section, the term:

(a)  "Department" means the Department of Health.

(b)  "Health care services pool" means any person, firm, corporation, partnership, or association engaged for hire in the business of providing temporary employment in health care facilities for licensed health care personnel including, without limitation, nursing assistants, nurses' aides, and orderlies. However, the term does not include nursing registries, a facility licensed under chapter 400, a health care services pool established within a health care facility to provide services only within the confines of such facility, or any individual contractor directly providing temporary services to a health care facility without use or benefit of a contracting agent.

(2)  Each person who operates a health care services pool must register each separate business location with the department. The department shall adopt rules and provide forms required for such registration and shall impose a registration fee in an amount sufficient to cover the cost of administering this section. In addition, the registrant must provide the department with any change of information contained on the original registration application within 14 days after the change. The department may inspect the offices of any health care services pool at any reasonable time for the purpose of determining compliance with this section or the rules adopted under this section.

(3)  Each application for registration must include:

(a)  The name and address of any person who has an ownership interest in the business, and, in the case of a corporate owner, copies of the articles of incorporation, bylaws, and names and addresses of all officers and directors of the corporation.

(b)  Any other information required by the department.

(4)  Each registration shall be for a period of 2 years. The application for renewal must be received by the department at least 20 days before the expiration date of the registration. A new registration is required upon the sale of a controlling interest in a health care services pool.

(5)  A health care services pool may not require an employee to recruit new employees from persons employed at a health care facility to which the health care services pool employee is assigned. Nor shall a health care facility to which employees of a health care services pool are assigned recruit new employees from the health care services pool.

(6)  A health care services pool shall document that each temporary employee provided to a health care facility is licensed and has met training and continuing education requirements, as established by the appropriate regulatory agency, for the position in which he or she will be working.

(7)  A health care services pool shall comply with all pertinent regulations of the appropriate regulatory agency relating to health and other qualifications of personnel employed in health care facilities.

(8)(a)  As a condition of registration and prior to the issuance or renewal of a certificate of registration, a health care services pool applicant must prove financial responsibility to pay claims, and costs ancillary thereto, arising out of the rendering of services or failure to render services by the pool or by its employees in the course of their employment with the pool. The department shall promulgate rules establishing minimum financial responsibility coverage amounts which shall be adequate to pay potential claims and costs ancillary thereto.

(b)  Each health care services pool shall give written notification to the department within 20 days after any change in the method of assuring financial responsibility or upon cancellation or nonrenewal of professional liability insurance. Unless the pool demonstrates that it is otherwise in compliance with the requirements of this section, the department shall suspend the license of the pool pursuant to ss. 120.569 and 120.57. Any suspension under this section shall remain in effect until the pool demonstrates compliance with the requirements of this section.

(c)  Proof of financial responsibility must be demonstrated to the satisfaction of the department, through one of the following methods:

1.  Establishing and maintaining an escrow account consisting of cash or assets eligible for deposit in accordance with s. 625.52;

2.  Obtaining and maintaining an unexpired irrevocable letter of credit established pursuant to chapter 675. Such letters of credit shall be nontransferable and nonassignable and shall be issued by any bank or savings association organized and existing under the laws of this state or any bank or savings association organized under the laws of the United States that has its principal place of business in this state or has a branch office which is authorized under the laws of this state or of the United States to receive deposits in this state; or

3.  Obtaining and maintaining professional liability coverage from one of the following:

a.  An authorized insurer as defined under s. 624.09;

b.  An eligible surplus lines insurer as defined under s. 626.918(2);

c.  A risk retention group or purchasing group as defined under s. 627.942; or

d.  A plan of self-insurance as provided in s. 627.357.

1(d)  If financial responsibility requirements are met by maintaining an escrow account or letter of credit, as provided in this section, upon the entry of an adverse final judgment arising from a medical malpractice arbitration award from a claim of medical malpractice either in contract or tort, or from noncompliance with the terms of a settlement agreement arising from a claim of medical malpractice either in contract or tort, the financial institution holding the escrow account or the letter of credit shall pay directly to the claimant the entire amount of the judgment together with all accrued interest or the amount maintained in the escrow account or letter of credit as required by this section, whichever is less, within 60 days after the date such judgment became final and subject to execution, unless otherwise mutually agreed to in writing by the parties. If timely payment is not made, the department shall suspend the license of the pool pursuant to procedures set forth by the department through rule. Nothing in this paragraph shall abrogate a judgment debtor's obligation to satisfy the entire amount of any judgment.

(e)  Each health care services pool carrying claims-made coverage must demonstrate proof of extended reporting coverage through either tail or nose coverage, in the event the policy is canceled, replaced, or not renewed. Such extended coverage shall provide coverage for incidents that occurred during the claims-made policy period but were reported after the policy period.

(f)  The financial responsibility requirements of this section shall apply to claims for incidents that occur on or after January 1, 1991, or the initial date of registration in this state, whichever is later.

(g)  Meeting the financial responsibility requirements of this section must be established at the time of issuance or renewal of a certificate of registration.

(9)  The department shall adopt rules to implement this section, including rules providing for the establishment of:

(a)  Minimum standards for the operation and administration of health care personnel pools, including procedures for recordkeeping and personnel.

(b)  Fines for the violation of this section in an amount not to exceed $1,000 and suspension or revocation of registration.

(c)  Disciplinary sanctions for failure to comply with this section or the rules adopted under this section.

History.--s. 1, ch. 89-354; s. 1, ch. 90-158; s. 1, ch. 90-192; s. 30, ch. 90-295; s. 184, ch. 91-108; s. 4, ch. 91-429; s. 52, ch. 94-218; s. 1061, ch. 95-148; s. 128, ch. 96-410; s. 3, ch. 97-264; s. 1, ch. 98-130.

1Note.--As created by s. 30, ch. 90-295. This version is published as the last expression of legislative will (see Journal of the House of Representatives 1990, p. 1771, and Journal of the Senate 1990, p. 626). Section 1, ch. 90-158, also created paragraph (8)(d), and that version reads:

(d)  If financial responsibility requirements are met by maintaining an escrow account or a letter of credit, as provided in this section, these funds shall be payable to the health care services pool upon presentment to the escrow agent or financial institution of a final judgment indicating liability and awarding damages to be paid by the pool. Alternatively, such funds are payable upon presentment of a settlement agreement signed by all parties to such agreement. However, coverage is only provided to the extent that such final judgment or settlement is a result of a claim arising out of the rendering of, or the failure to render, services by the pool or by its employees in the course of their employment with the pool. A health care services pool shall pay the entire amount of any judgment resulting from the above claims, together with all accrued interest, or the amount maintained in the escrow account or provided in the letter of credit as required by this section, whichever is less, within 60 days after the date such judgment becomes final and subject to execution, unless otherwise mutually agreed to in writing by the parties. If timely payment is not made by the pool, the department shall suspend the license of the pool. Nothing in this paragraph shall abrogate a judgment debtor's obligation to satisfy the entire amount of any judgment.