Christine Jordan Sexton – January 19, 2022

The Florida Senate is giving nursing homes, hospitals and doctors what they want. Will the House move next?
A must-pass bill for Florida’s nursing homes, doctors and hospitals cleared the Florida Senate Wednesday by a mostly partisan 22-13 vote.

Democratic Sen. Linda Stewart voted for the bill, the only member of her party in the chamber to support it.

Sponsored by Sen. Danny Burgess, the bill (SB 7014) extends through June 1, 2023 the protections health care providers currently have from COVID-19-related lawsuits. Senate Democrats all voted against the measure. Four senators have excused absences and did not vote.

The current law that shields businesses and health care providers from COVID-19-related lawsuits was one of the first measures passed by the Legislature during the 2021 Session. The law makes clear that to successfully sue a health care provider for COVID-19, the plaintiff must prove gross negligence or intentional misconduct.

While general businesses were provided indefinite immunity liability protections, health care providers were afforded such protection only through March 2022. House Speaker Chris Sprowls pushed for the limit on health care-related lawsuits. But as of publication, no House companion bill has been filed extending the liability protections.

Hospital and nursing home providers released statements thanking the Senate for passing the bill.

Florida Health Care Association spokesperson Kristen Knapp said the extended protections will help ensure the nursing centers can maintain the resources needed to keep their focus on resident safety and high quality health care.

“The pandemic has placed a tremendous burden on our state’s nursing centers and assisted living communities, and we’re still delivering care in a challenging environment. In the midst of this recent omicron surge, the guidance continues to change rapidly for our caregivers,” Knapp said in a statement. “At a time when our long-term care providers are experiencing financial and workforce challenges of historic proportions, sue-and-settle lawsuits will only make matters worse.”

The FHCA represents most of the state’s 690 nursing homes.

Florida Justice Reform Institute President William Large focuses his lobbying efforts on tort-related issues. Large said in a statement the Senate should be commended for passing protections for “our beleaguered health care providers that are dealing with the impacts of omicron, labor shortages and COVID-19 lawsuits.”

The state’s largest hospital association also issued a statement following the Senate vote to pass the bill.

“It’s been a year since the Legislature and the Governor signed SB 72 into law, during which our hospitals and health care providers have contended with additional surges of the pandemic and a severe workforce shortage,” Florida Hospital Association (FHA) President and CEO Mary Mayhew said. “FHA engaged with members of the Legislature and supported SB 7014 to protect our members from unfounded lawsuits during a time when stress on the system is already so high.”

The bill is a tacit acknowledgment that the COVID-19 pandemic remains an ongoing concern even as legislators and Gov. Ron DeSantis have pushed laws and policies designed to keep businesses and local governments from imposing mandates and lockdowns.

The House Health and Human Services Committee voted last week to introduce a committee bill to extend the lawsuit protections. HB 7021 will next be heard by the House Judiciary Committee.

Burgess’ bill extends the existing law through June 1, 2023, the same expiration date included in other recently enacted laws relating to COVID-19. That includes one law that bans Florida employers from requiring their staff to get vaccinated without giving employees at least five different avenues to opt out.

https://floridapolitics.com/archives/488117-senate-passes-health-care-liability-protections-as-providers-look-to-house-to-do-the-same/ 

Christine Jordan Sexton – November 18, 2021

Why would we artificially limit protection that is designed to help us?’

A top executive at one of the state’s largest hospitals says extending COVID-19 liability protections for health care providers should be a top priority for the 2022 Legislative Session that begins in January.

“We need to be protected just like we protected the citizens of this great state,” said Tampa General Hospital President and CEO John D. Couris. “Why would we artificially limit protection that is designed to help us because we didn’t know what we didn’t know back then.”

The COVID-19 liability protections for nursing homes and hospitals and physicians that lawmakers passed earlier this year expire in March. That means for them to remain in effect, lawmakers need to pass additional legislation. The COVID-19 liability protections for general businesses, though, remain in effect.

“We had people coming into our hospital, and not just Tampa General Hospital but hospitals across the state, sick, dying, scared they didn’t know what was happening. We were responding in real time. We were in a firefight. It’s no different than being in a war, right? What we were fighting against. The men and women of health care need to be protected indefinitely because it’s simply the right thing to do.”

Couris made the COVID-19 liability comments in an exclusive interview Wednesday with Florida Politics.

Couris was in Tallahassee, along with TGH health care workers, former patients and their family members, to celebrate Tampa General Hospital and its accomplishments.

Senate President Wilton Simpson, who turned to the hospital and University of South Florida Morsani College of Medicine for recommendations on how to safely reopen the Capitol, attended the celebration.

Meanwhile, Couris gave high praise to the Agency for Health Care Administration and the recently negotiated rule-making process it agreed to use to settle disputes over a new proposed regulation for neonatal intensive care units.

AHCA proposed a new rule meant to supplant former certificate of need requirements for neonatal intensive care units, referred to as NICUs, that drew challenges from both Tampa General Hospital and Broward Health, now run by Gov Ron DeSantis’ former chief of staff, Shane Strum

AHCA withdrew the proposed rule and announced it would, for the first time, take advantage of what’s called “negotiated rule-making.” Agency for Health Care Administration Secretary Simone Marstiller spent $10,000 to hire a mediator to help negotiate agreed upon rules.

Couris couldn’t be happier.

“I think all of these things should be done exactly that way. I was very proud of the men and women. I was very proud of AHCA and our state leaders who made it happen. I was very proud of that process. And the reason I was proud of that process is because physicians and physician scientists, sat around the table and debated what was best for the state of Florida using science,” he said.

Continued Couris, “That’s how it should be done. It shouldn’t be litigated in a court. It shouldn’t, quite frankly, be legislated. It should be decided and designed by people on the front lines. And what AHCA did, and what our state leaders created, was a process in an environment where physician scientists could come together and debate the science and create the rules. I, quite frankly, think it’s a best-in-class approach. And my hope is they do more of this. Not less of it.”

Several other health care leaders and lawsuit reform advocates have called for the Legislature to push back the sunset of the health care liability protections. In mid-September, Florida Justice Reform Institute President William Large told Florida Politics the law “needs to be extended until the crisis abates.”

And Jacksonville health care lawyer and specialty physician lobbyist Chris Nuland said Florida doctors also need continued protection from medical malpractice lawsuits “unless the pandemic quickly and permanently subsides.”

The COVID-19 liability protections shield health care facilities and providers from lawsuits so long as they made a “good-faith effort” to substantially comply with government health guidelines. Moreover, a plaintiff would need to prove with “clear and convincing evidence” that a defendant acted with “gross negligence” when filing a COVID-19-related lawsuit.

The legislation was one of the top priorities of business groups and Republican lawmakers in the first half of the 2021 Legislative Session. Proponents of the measure argued that businesses and providers navigated the pandemic’s early stages with conflicting health guidance and saw predatory lawsuits as a looming threat.

https://floridapolitics.com/archives/474570-hospital-executive-says-covid-19-liability-protections-need-to-be-extended/ 

Christine Jordan Sexton – September 17, 2021

Current protections are set to expire in March.
As the delta variant continues to spread across the state, increasing COVID-19 infections, Florida lawmakers may once again be asked to provide legal protections for health care providers.

Florida Justice Reform Institute President William Large told Florida Politics Tuesday, “there is a need” to extend COVID-19 protections lawmakers approved during the 2021 Legislative Session. Unlike protections for general businesses, the health care provider liability protections cleared earlier this year will expire in March 2022.

“It needs to be extended until the crisis abates. With developments concerning the delta variant, it is now necessary to extend the protections,” said Large, whose group is dedicated to protecting businesses from lawsuits.

And Large isn’t alone in his thinking.

Jacksonville health care lawyer and specialty physician lobbyist Chris Nuland said Florida doctors also need continued protection from medical malpractice lawsuits.

“Unless the pandemic quickly and permanently subsides, it will need to be extended,” Nuland said.

While the Legislature agreed to protections from medical liability and nursing home tort claims, the immunity for physicians and nursing homes expires at the end of March.

According to an AARP analysis of federal data, that could be problematic for Florida’s nursing homes, which had the second-lowest percentage of vaccinated staff in the nation earlier this summer.

Florida Health Care Association spokesperson Kristen Knapp said the nursing home group still was reviewing whether to ask the Legislature to extend the protections. 

“The liability protections are important so providers can maintain the resources they need and stay focused on keeping our long-term care residents safe and well cared for,” Knapp said in a statement, noting the pandemic “has continued to impact our caregivers who are delivering care in what is still a challenging environment.”

The 2021 law offers businesses — ranging from small family-owned shops to large car rental companies to health care providers — broad immunity from COVID-19-related liability suits.

For COVID-19 personal injury suits that don’t allege medical malpractice or violations of nursing home resident rights, the law requires plaintiffs to get a signed affidavit from a state-licensed physician attesting the defendant was the cause of the plaintiffs’ injuries or damages. 

The defendants are immune from liability if the court determines they tried to substantially comply with government-issued health standards or guidance.

In COVID-19 medical malpractice claims or nursing-home-related claims, the plaintiffs are not required to secure physician affidavits. But plaintiffs are required to prove that the health care providers’ actions were grossly negligent. If not, health care providers who substantially comply with authoritative or applicable government-issued health standards or guidance related to COVID-19 have immunity.

LeadingAge Florida, another group representing nursing homes and other long-term care providers, also wants extended liability protections.

“While we cannot yet comment on any specifics or proposals, given the challenges that the pandemic has, and continues to present to long-term care providers, LeadingAge Florida is supportive of an extension of reasonable COVID liability protections,” LeadingAge Florida spokesperson Nick van der Linden said.

As the delta variant has swept across the state recently, Florida hospitals admitted a record number of patients with COVID-19. Before Gov. Ron DeSantis established state-supported centers for monoclonal antibody treatments, he encouraged patients to get the treatments from hospitals.

Safety Net Hospital Alliance of Florida Chief Executive Officer Justin Senior said his member facilities “probably” want to see the COVID-19 protections extended, also.

“The key for our members is protection when they make good-faith decisions to postpone certain procedures, as well as when they prescribe or recommend something in good faith that doesn’t have full FDA approval but only emergency use authorization,” Senior said.

Former Senate Judiciary Committee Chair Sen. Jeff Brandes championed COVID-19 liability protections in the Senate, but he no longer heads that committee. Sen. Danny Burgess now holds that post.

The House Judiciary Committee also has seen a change in leadership. 

House Speaker Chris Sprowls announced Friday Rep. Erin Grall will chair the powerful House Judiciary Committee. Former committee chair Rep. Danny Perez will chair the Pandemic and Public Health and the Public Integrity & Elections committees. 

https://floridapolitics.com/archives/455689-health-care-providers-eye-extended-covid-19-liability-protections/ 

Christine Jordan Sexton – September 10, 2021

Current protections are set to expire in March.

As the delta variant continues to spread across the state, increasing COVID-19 infections, Florida lawmakers may once again be asked to provide legal protections for health care providers.

Florida Justice Reform Institute President William Large told Florida Politics Tuesday, “there is a need” to extend COVID-19 protections lawmakers approved during the 2021 Legislative Session. Unlike protections for general businesses, the health care provider liability protections cleared earlier this year will expire in March 2022.

“It needs to be extended until the crisis abates. With developments concerning the delta variant, it is now necessary to extend the protections,” said Large, whose group is dedicated to protecting businesses from lawsuits.

And Large isn’t alone in his thinking.

Jacksonville health care lawyer and specialty physician lobbyist Chris Nuland said Florida doctors also need continued protection from medical malpractice lawsuits.

“Unless the pandemic quickly and permanently subsides, it will need to be extended,” Nuland said.

While the Legislature agreed to protections from medical liability and nursing home tort claims, the immunity for physicians and nursing homes expires at the end of March.

According to an AARP analysis of federal data, that could be problematic for Florida’s nursing homes, which had the second-lowest percentage of vaccinated staff in the nation earlier this summer.

Florida Health Care Association spokesperson Kristen Knapp said the nursing home group still was reviewing whether to ask the Legislature to extend the protections. 

“The liability protections are important so providers can maintain the resources they need and stay focused on keeping our long-term care residents safe and well cared for,” Knapp said in a statement, noting the pandemic “has continued to impact our caregivers who are delivering care in what is still a challenging environment.”

The 2021 law offers businesses — ranging from small family-owned shops to large car rental companies to health care providers — broad immunity from COVID-19-related liability suits.

For COVID-19 personal injury suits that don’t allege medical malpractice or violations of nursing home resident rights, the law requires plaintiffs to get a signed affidavit from a state-licensed physician attesting the defendant was the cause of the plaintiffs’ injuries or damages. 

The defendants are immune from liability if the court determines they tried to substantially comply with government-issued health standards or guidance.

In COVID-19 medical malpractice claims or nursing-home-related claims, the plaintiffs are not required to secure physician affidavits. But plaintiffs are required to prove that the health care providers’ actions were grossly negligent. If not, health care providers who substantially comply with authoritative or applicable government-issued health standards or guidance related to COVID-19 have immunity.

LeadingAge Florida, another group representing nursing homes and other long-term care providers, also wants extended liability protections.

“While we cannot yet comment on any specifics or proposals, given the challenges that the pandemic has, and continues to present to long-term care providers, LeadingAge Florida is supportive of an extension of reasonable COVID liability protections,” LeadingAge Florida spokesperson Nick van der Linden said.

As the delta variant has swept across the state recently, Florida hospitals admitted a record number of patients with COVID-19. Before Gov. Ron DeSantis established state-supported centers for monoclonal antibody treatments, he encouraged patients to get the treatments from hospitals.

Safety Net Hospital Alliance of Florida Chief Executive Officer Justin Senior said his member facilities “probably” want to see the COVID-19 protections extended, also.

“The key for our members is protection when they make good-faith decisions to postpone certain procedures, as well as when they prescribe or recommend something in good faith that doesn’t have full FDA approval but only emergency use authorization,” Senior said.

Former Senate Judiciary Committee Chair Sen. Jeff Brandes championed COVID-19 liability protections in the Senate, but he no longer heads that committee. Sen. Danny Burgess now holds that post.

The House Judiciary Committee also has seen a change in leadership. 

House Speaker Chris Sprowls announced Friday Rep. Erin Grall will chair the powerful House Judiciary Committee. Former committee chair Rep. Danny Perez will chair the Pandemic and Public Health and the Public Integrity & Elections committees. 

https://floridapolitics.com/archives/455689-health-care-providers-eye-extended-covid-19-liability-protections/ 

May 1, 2021

The bill would have authorized consumers to opt out of the sale or sharing of personal information.

Business lobbyists claimed victory Friday after the demise of a bill that would have given consumers more control over personal data collected by companies.

The bill (HB 969), backed by House Speaker Chris Sprowls, drew heavy opposition from businesses, at least in part because it would have allowed civil lawsuits if companies collected and sold personal data after being told not to do so.

Lawmakers did not pass the bill before Friday’s end of the 60-day legislative session.

Lobbyists representing companies such as Apple, AT&T, Target, Capital One Services, Quicken Loans and Walt Disney Parks and Resorts were among 343 lobbyists registered to work on the issue.

William Large, president of the business-backed Florida Justice Reform Institute, told The News Service of Florida on Friday that the bill “would have been a class-action litigation bonanza. At the end of the day, the bill was about plaintiffs’ attorney fees and nothing more.”

Sprowls unveiled the data privacy bill at a news conference with Gov. Ron DeSantis. It would have given consumers rights to personal information that companies collect on them. Consumers would have been empowered to review the personal information and to delete or correct the information.

Additionally, the bill would have authorized consumers to opt out of the sale or sharing of personal information.

Consumers would have been able to file lawsuits if their personal information had been breached, sold or shared after they opted out or if it had been retained after they requested it be deleted or corrected.

The Senate altered the bill to only allow the attorney general to file lawsuits against companies, and the House and Senate could not reach agreement on a final version.

Sprowls this month said it was important to have the ability to file civil lawsuits.

“Should a private citizen be able to say to a big corporation, ‘Hey, I asked you not to collect my data and you did it anyway.’ Or, ‘I asked you not to collect it and not only did you collect it, you sold it without my permission.’ A private citizen should be able to do that in my opinion,” he said.

https://floridapolitics.com/archives/425964-consumer-data-privacy-bill-dies-business-lobbyists-rejoice/