AB772-ASA1-AA3,2,67
146.89
(4) Volunteer health care providers who provide services under this
8section are, for the provision of these services, state agents of the department of
9health and family services for purposes of ss. 165.25 (6), 893.82 (3) and 895.46.
This
10state agency status applies regardless of whether the volunteer health care provider
11has coverage under a policy of health care liability insurance that would extend to
12services provided by the volunteer health care provider under this section; and the
1limitations under s. 895.46 (1) (a) on the payment by the state of damages and costs
2in excess of any insurance coverage applicable to the agent and on the duty of a
3governmental unit to provide or pay for legal representation do not apply. Any policy
4of health care liability insurance providing coverage for services of a health care
5provider may exclude coverage for services provided by the health care provider
6under this section.
AB772-ASA1-AA3,3,128
895.46
(1) (a) If the defendant in any action or special proceeding is a public
9officer or employee and is proceeded against in an official capacity or is proceeded
10against as an individual because of acts committed while carrying out duties as an
11officer or employee and the jury or the court finds that the defendant was acting
12within the scope of employment, the judgment as to damages and costs entered
13against the officer or employee
except as provided in s. 146.89 (4) in excess of any
14insurance applicable to the officer or employee shall be paid by the state or political
15subdivision of which the defendant is an officer or employee. Agents of any
16department of the state shall be covered by this section while acting within the scope
17of their agency. Regardless of the results of the litigation the governmental unit, if
18it does not provide legal counsel to the defendant officer or employee, shall pay
19reasonable attorney fees and costs of defending the action, unless it is found by the
20court or jury that the defendant officer or employee did not act within the scope of
21employment.
The Except as provided in s. 146.89 (4), the duty of a governmental unit
22to provide or pay for the provision of legal representation does not apply to the extent
23that applicable insurance provides that representation. If the employing state
24agency or the attorney general denies that the state officer, employee or agent was
25doing any act growing out of or committed in the course of the discharge of his or her
1duties, the attorney general may appear on behalf of the state to contest that issue
2without waiving the state's sovereign immunity to suit. Failure by the officer or
3employee to give notice to his or her department head of an action or special
4proceeding commenced against the defendant officer or employee as soon as
5reasonably possible is a bar to recovery by the officer or employee from the state or
6political subdivision of reasonable attorney fees and costs of defending the action.
7The attorney fees and expenses shall not be recoverable if the state or political
8subdivision offers the officer or employee legal counsel and the offer is refused by the
9defendant officer or employee. If the officer, employee or agent of the state refuses
10to cooperate in the defense of the litigation, the officer, employee or agent is not
11eligible for any indemnification or for the provision of legal counsel by the
12governmental unit under this section.".
AB772-ASA1-AA3,3,16
14"(2m)
Health care liability insurance. The treatment of section 146.89 (4) of
15the statutes first applies to health care liability insurance policies issued or renewed
16on the effective date of this subsection.".
