Florida SB 1596: Nursing Home Accountability

Bill Text

1596 
Medical Malpractice Liability Coverage 
2026-01-09T06:39:13Z 
Increasing the minimum amount of professional liability coverage certain physicians and osteopathic physicians, respectively, are required to maintain as a condition of licensure, etc. 
Original Filed Version 
2026 
S 
2026-07-01T00:00:00Z 
GB 
General Bill 
__ 

 Florida Senate - 2026 SB 1596 

 By Senator Rouson 

 16-00302-26 20261596__ 
 1 A bill to be entitled 
 2 An act relating to medical malpractice liability 
 3 coverage; amending ss. 458.320 and 459.0085, F.S.; 
 4 increasing the minimum amount of professional 
 5 liability coverage certain physicians and osteopathic 
 6 physicians, respectively, are required to maintain as 
 7 a condition of licensure; providing an effective date. 
 8 
 9 Be It Enacted by the Legislature of the State of Florida: 
 10 
 11 Section 1. Paragraphs (b) and (c) of subsection (2) of 
 12 section 458.320, Florida Statutes, are amended to read: 
 13 458.320 Financial responsibility.— 
 14 (2) Physicians who perform surgery in an ambulatory 
 15 surgical center licensed under chapter 395 and, as a continuing 
 16 condition of hospital staff privileges, physicians who have 
 17 staff privileges must also establish financial responsibility by 
 18 one of the following methods: 
 19 (b) Obtaining and maintaining professional liability 
 20 coverage in an amount not less than $1 million $250,000 per 
 21 claim, with a minimum annual aggregate of not less than $3 
 22 million $750,000 from an authorized insurer as defined under s. 
 23 624.09, from a surplus lines insurer as defined under s. 
 24 626.914(2), from a risk retention group as defined under s. 
 25 627.942, from the Joint Underwriting Association established 
 26 under s. 627.351(4), through a plan of self-insurance as 
 27 provided in s. 627.357, or through a plan of self-insurance 
 28 which meets the conditions specified for satisfying financial 
 29 responsibility in s. 766.110. The required coverage amount set 
 30 forth in this paragraph may not be used for litigation costs or 
 31 attorney attorney’s fees for the defense of any medical 
 32 malpractice claim. 
 33 (c) Obtaining and maintaining an unexpired irrevocable 
 34 letter of credit, established pursuant to chapter 675, in an 
 35 amount not less than $1 million $250,000 per claim, with a 
 36 minimum aggregate availability of credit of not less than $3 
 37 million $750,000. The letter of credit must be payable to the 
 38 physician as beneficiary upon presentment of a final judgment 
 39 indicating liability and awarding damages to be paid by the 
 40 physician or upon presentment of a settlement agreement signed 
 41 by all parties to such agreement when such final judgment or 
 42 settlement is a result of a claim arising out of the rendering 
 43 of, or the failure to render, medical care and services. The 
 44 letter of credit may not be used for litigation costs or 
 45 attorney attorney’s fees for the defense of any medical 
 46 malpractice claim. The letter of credit must be nonassignable 
 47 and nontransferable. The letter of credit must be issued by any 
 48 bank or savings association organized and existing under the 
 49 laws of this state or any bank or savings association organized 
 50 under the laws of the United States which has its principal 
 51 place of business in this state or has a branch office that is 
 52 authorized under the laws of this state or of the United States 
 53 to receive deposits in this state. 
 54 
 55 This subsection shall be inclusive of the coverage in subsection 
 56 (1). 
 57 Section 2. Paragraphs (b) and (c) of subsection (2) of 
 58 section 459.0085, Florida Statutes, are amended to read: 
 59 459.0085 Financial responsibility.— 
 60 (2) Osteopathic physicians who perform surgery in an 
 61 ambulatory surgical center licensed under chapter 395 and, as a 
 62 continuing condition of hospital staff privileges, osteopathic 
 63 physicians who have staff privileges must also establish 
 64 financial responsibility by one of the following methods: 
 65 (b) Obtaining and maintaining professional liability 
 66 coverage in an amount not less than $1 million $250,000 per 
 67 claim, with a minimum annual aggregate of not less than $3 
 68 million $750,000 from an authorized insurer as defined under s. 
 69 624.09, from a surplus lines insurer as defined under s. 
 70 626.914(2), from a risk retention group as defined under s. 
 71 627.942, from the Joint Underwriting Association established 
 72 under s. 627.351(4), through a plan of self-insurance as 
 73 provided in s. 627.357, or through a plan of self-insurance that 
 74 meets the conditions specified for satisfying financial 
 75 responsibility in s. 766.110. The required coverage amount set 
 76 forth in this paragraph may not be used for litigation costs or 
 77 attorney attorney’s fees for the defense of any medical 
 78 malpractice claim. 
 79 (c) Obtaining and maintaining an unexpired