Proposed Constitutional Amendments By Floridians for Patient Protection and Academy of Florida Trial Lawyers

These are summaries.  The full documents will be posted when made available.   

I) Prior Rate Approval/Presumptive Rate Rollback.
SUMMARY: Prohibits insurance companies from charging consumers a price for insurance unless the rate is first approved by the state as meeting certain standards, including proof that a lower rate would be clearly inadequate. Applies to policies issued or renewed after the effective date and provides for a transition by requiring a new rate filing under which rates in effect as of January 1, 2001 are presumed not to be clearly inadequate. Provides for an effective date. Click here for complete document.  

 II) Requiring Insurance Companies to be Subject to Florida Antitrust Laws. 
SUMMARY: Florida's antitrust laws prohibit activities such as monopolies that may harm competition and restrict free trade. Unlike most businesses in Florida, insurance companies are not now subject to the state’s antitrust laws. This amendment requires that insurance companies doing business in Florida comply with state antitrust laws.  Click here for complete document.

III) Patients' Right to Know About Adverse Medical Incidents. 
SUMMARY: Current Florida law restricts information available to patients related to investigations of adverse medical incidents, such as medical malpractice. This amendment would give patients the right to review, upon request, records of health care facilities’ or providers’ adverse medical incidents, including those which could cause injury or death. Provides that patients’ identities should not be disclosed.  Click here for complete document.

IV) Protecting Rights of Abused or Neglected Nursing Home Residents. 
SUMMARY: Current law permits some compensation for abuse, neglect or wrongful death of nursing home residents. This amendment protects those legal rights from being restricted either by law or by contract. Provides definitions and an effective date.  Click here for complete document. Document available soon.

V) Patients' Right to Sue "Managed Care" Organizations, Like HMOs,
for Unfair or Deceptive Practices. 
SUMMARY: Current law does not allow patients of certain "managed care" organizations, like a health maintenance organization (HMO), to sue for damages, injury or death resulting from certain unfair or deceptive practices committed by the organization. This amendment allows patients or their survivors to sue for harm or death caused by a managed care organization's unfair competition or deceptive practices, as defined by general law.  Click here for complete document.

VI) Public Protection from Repeated Medical Malpractice. 
SUMMARY: Current law allows medical doctors who have committed repeated malpractice to be licensed to practice medicine in Florida. This amendment prohibits medical doctors who have been found to have committed three or more incidents of medical malpractice from being licensed to practice medicine in Florida.  Document available soon.