Florida Senate - 2021 SB 1880 By Senator Rodrigues 27-01677-21 20211880__ Page 1 of 4 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1

An act relating to the Quality of Long-Term Care 2 Facility Improvement Trust Fund; amending ss. 3 400.0238, 400.0239, and 429.298, F.S.; removing 4 provisions requiring that a portion of the punitive 5 damages awarded for claims brought under

part II of 6 ch. 400, F.S., relating to nursing homes, and

part I 7 of ch. 429, F.S., relating to assisted living 8 facilities, be deposited into the Quality of Long-Term 9 Care Facility Improvement Trust Fund; providing an 10 effective date. 11 12 Be It Enacted by the Legislature of the State of Florida: 13 14

Section 1. Subsection (4) of

section 400.0238, Florida 15 Statutes, is amended to read: 16 400.0238 Punitive damages; limitation.— 17

(4) Notwithstanding any other law to the contrary, the 18 amount of punitive damages awarded pursuant to this

section 19 shall be equally divided between the claimant and the Quality of 20 Long-Term Care Facility Improvement Trust Fund, in accordance 21 with the following provisions: 22 (

a) The clerk of the court shall transmit a copy of the 23 jury verdict to the Chief Financial Officer by certified mail. 24 In the final judgment, the court shall order the percentages of 25 the award, payable as provided herein. 26 (

b) A settlement agreement entered into between the 27 original parties to the action after a verdict has been returned 28 must provide a proportionate share payable to the Quality of 29 Florida Senate - 2021 SB 1880 27-01677-21 20211880__ Page 2 of 4 CODING: Words stricken are deletions; words underlined are additions. Long-Term Care Facility Improvement Trust Fund specified herein. 30 For purposes of this paragraph, a proportionate share is a 50-31 percent share of that percentage of the settlement amount which 32 the punitive damages portion of the verdict bore to the total of 33 the compensatory and punitive damages in the verdict. 34 (

c) The Department of Financial Services shall collect or 35 cause to be collected all payments due the state under this 36 section. Such payments are made to the Chief Financial Officer 37 and deposited in the appropriate fund specified in this 38 subsection. 39 (

d) If the full amount of punitive damages awarded cannot 40 be collected, the claimant and the other recipient designated 41 pursuant to this subsection are each entitled to a proportionate 42 share of the punitive damages collected. 43

Section 2. Subsection (1) of

section 400.0239, Florida 44 Statutes, is amended to read: 45 400.0239 Quality of Long-Term Care Facility Improvement 46 Trust Fund.— 47

(1) There is created within the Agency for Health Care 48 Administration a Quality of Long-Term Care Facility Improvement 49 Trust Fund to support activities and programs directly related 50 to improvement of the care of nursing home and assisted living 51 facility residents.

The trust fund shall be funded through 52 proceeds generated pursuant to ss. 400.0238 and 429.298, through 53 funds specifically appropriated by the Legislature, through 54 gifts, endowments, and other charitable contributions allowed 55 under federal and state law, and through federal nursing home 56 civil monetary penalties collected by the Centers for Medicare 57 and Medicaid Services and returned to the state.

These funds 58 Florida Senate - 2021 SB 1880 27-01677-21 20211880__ Page 3 of 4 CODING: Words stricken are deletions; words underlined are additions. must be utilized in accordance with federal requirements. 59

Section 3. Subsection (4) of

section 429.298, Florida 60 Statutes, is amended to read: 61 429.298 Punitive damages; limitation.— 62

(4) Notwithstanding any other law to the contrary, the 63 amount of punitive damages awarded pursuant to this

section 64 shall be equally divided between the claimant and the Quality of 65 Long-Term Care Facility Improvement Trust Fund, in accordance 66 with the following provisions: 67 (

a) The clerk of the court shall transmit a copy of the 68 jury verdict to the Chief Financial Officer by certified mail. 69 In the final judgment, the court shall order the percentages of 70 the award, payable as provided herein. 71 (

b) A settlement agreement entered into between the 72 original parties to the action after a verdict has been returned 73 must provide a proportionate share payable to the Quality of 74 Long-Term Care Facility Improvement Trust Fund specified herein. 75 For purposes of this paragraph, a proportionate share is a 50-76 percent share of that percentage of the settlement amount which 77 the punitive damages portion of the verdict bore to the total of 78 the compensatory and punitive damages in the verdict. 79 (

c) The Department of Financial Services shall collect or 80 cause to be collected all payments due the state under this 81 section. Such payments are made to the Chief Financial Officer 82 and deposited in the appropriate fund specified in this 83 subsection. 84 (

d) If the full amount of punitive damages awarded cannot 85 be collected, the claimant and the other recipient designated 86 pursuant to this subsection are each entitled to a proportionate 87 Florida Senate - 2021 SB 1880 27-01677-21 20211880__ Page 4 of 4 CODING: Words stricken are deletions; words underlined are additions. share of the punitive damages collected. 88

Section 4. This act shall take effect July 1, 2021. 89