HF 1207

1st Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to civil actions; providing limits on 
  1.3             liability of certain private corrections treatment 
  1.4             facilities that receive patients under court or 
  1.5             administrative order; proposing coding for new law in 
  1.6             Minnesota Statutes, chapter 604A. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  [604A.301] [LIMITED LIABILITY FOR CERTAIN 
  1.9   NONPROFIT TREATMENT FACILITIES.] 
  1.10     A treatment facility organized as a nonprofit corporation 
  1.11  under chapter 317A that accepts individuals for treatment under 
  1.12  a court order or an order of the commissioner of corrections as 
  1.13  part of an adult or juvenile corrections program is subject to 
  1.14  the same liability limits provided for state agencies under 
  1.15  section 3.736, subdivision 4, with respect to claims against the 
  1.16  facility arising out of the treatment of those individuals or 
  1.17  the activities of those individuals while in the care of the 
  1.18  program.  This section does not apply if the conduct of a 
  1.19  facility was intentional or grossly negligent. 
  1.20     The treatment facility may procure insurance against 
  1.21  liability for claims described under this section.  The 
  1.22  insurance may provide protection in excess of the limit of 
  1.23  liability imposed by section 3.736, subdivision 4.  The 
  1.24  procurement of such insurance constitutes a waiver of the limits 
  1.25  of liability under this section only to the extent that valid 
  1.26  and collectible insurance, including where applicable, proceeds 
  2.1   from the Minnesota insurance guaranty association under chapter 
  2.2   60C, exceeds those limits and covers the claim.  The purchase of 
  2.3   excess insurance has no other effect on the liability of the 
  2.4   nonprofit corporation or its employees. 
  2.5      Sec. 2.  [EFFECTIVE DATE; APPLICATION.] 
  2.6      Section 1 is effective August 1, 1997, and applies to 
  2.7   claims arising from incidents occurring on or after that date.