Miami-Dade Legislative Item
File Number: 102426
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File Number: 102426 File Type: Resolution Status: Adopted
Version: 0 Reference: R-1056-10 Control: Board of County Commissioners
File Name: URGING EXTENDING SOVEREIGN IMMUNITY TO UM Introduced: 10/5/2010
Requester: NONE Cost: Final Action: 10/19/2010
Agenda Date: 10/19/2010 Agenda Item Number: 11A6
Notes: Title: RESOLUTION URGING THE FLORIDA LEGISLATURE TO ADOPT LEGISLATION EXTENDING SOVEREIGN IMMUNITY TO THE UNIVERSITY OF MIAMI AND ITS MILLER SCHOOL OF MEDICINE FOR PROVIDING HEALTH CARE SERVICES TO MIAMI-DADE COUNTY PUBLIC HEALTH TRUST PATIENTS RECEIVING CARE AT COUNTY PUBLIC HEALTH TRUST DESIGNATED FACILITIES AND IDENTIFYING ADOPTION OF THE SOVEREIGN IMMUNITY LEGISLATION AS A CRITICAL PRIORITY FOR THE 2011 SESSION
Indexes: LEGISLATURE
  PUBLIC HEALTH TRUST
  UNIVERSITY OF MIAMI
  URGING
Sponsors: Natacha Seijas, Prime Sponsor
  Sally A. Heyman, Co-Sponsor
  Joe A. Martinez, Co-Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 10/19/2010 11A6 Adopted P

County Attorney 10/5/2010 Assigned Valda Clark Christian 10/8/2010

Legislative Text


TITLE
RESOLUTION URGING THE FLORIDA LEGISLATURE TO ADOPT LEGISLATION EXTENDING SOVEREIGN IMMUNITY TO THE UNIVERSITY OF MIAMI AND ITS MILLER SCHOOL OF MEDICINE FOR PROVIDING HEALTH CARE SERVICES TO MIAMI-DADE COUNTY PUBLIC HEALTH TRUST PATIENTS RECEIVING CARE AT COUNTY PUBLIC HEALTH TRUST DESIGNATED FACILITIES AND IDENTIFYING ADOPTION OF THE SOVEREIGN IMMUNITY LEGISLATION AS A CRITICAL PRIORITY FOR THE 2011 SESSION

BODY
WHEREAS, the Public Health Trust of Miami-Dade County (the “Trust”), which operates Jackson Memorial Hospital and other Trust designated facilities (collectively “Jackson Health System”), is currently facing a financial crisis which significantly threatens its sustainability and survival; and
WHEREAS, the University of Miami, its Miller School of Medicine and its physicians (collectively “the Medical School”) have affiliated with the Trust to meet the Trust’s mission of providing high quality medical care to all patients at Jackson Health System, regardless of the patient’s ability to pay; and
WHEREAS, the Board of County Commissioners (the "Board") agrees with the recommendation of PricewaterhouseCoopers -- consultants charged with advising the Trust on how to overcome its current fiscal crisis -- that the key to the long-term viability of Jackson Health System lies in strengthening the affiliation between the Trust and the Medical School; and
WHEREAS, the Medical School and the Trust wish to further strengthen the affiliation; and
WHEREAS, the primary obstacle to further strengthening the affiliation between the Trust and the Medical School is the Medical School’s exposure to significant medical malpractice liability when providing care to patients admitted to Jackson Health System; and
WHEREAS, all patients admitted to Jackson Health System, regardless of the patient’s ability to pay, receive the same quality care from the Trust and the Medical School; and
WHEREAS, all revenues earned from paying patients admitted to Jackson Health System are used to support the public mission of providing the same quality care to patients who do not have an ability to pay; and
WHEREAS, the capacity of the Trust and the Medical School to provide high quality care to all residents of Miami-Dade County, regardless of the patient’s ability to pay, would be greatly improved if sovereign immunity protections were extended to the Medical School; and
WHEREAS, the extension of sovereign immunity to the Medical School will allow the Medical School and the Trust to build a stronger affiliation that will ensure the financial sustainability of Jackson Health System,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board:
Section 1. Urges the Florida Legislature to adopt legislation extending sovereign immunity to the University of Miami and its Miller School of Medicine while providing health care services to the Public Health Trust patients receiving care at Jackson Memorial Hospital and other Trust designated facilities.
Section 2. Identifies the adoption of such legislation as a County critical priority for the 2011 state legislative session.
Section 3. Directs the Clerk of the Board to transmit certified copies of this resolution to the Governor, Senate President, House Speaker, and the Chair and Members of the Miami-Dade State Legislative Delegation.
Section 4. Directs the County’s state lobbyists to advocate for the issue identified in Section 1 above, and authorizes and directs the Office of Intergovernmental Affairs to include this item in the 2011 state legislative package as a critical priority.



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