Florida Administrative Code › 6 - DEPARTMENT OF EDUCATION › 6C - Board of Regents › Chapter 6C-10 - MISCELLANEOUS PROVISIONS › Section 6C-10.001 - Self-Insurance Programs

Current through Reg. 50, No. 138; July 16, 2024
(1) University of
				Florida (UF) Self-Insurance Programs; and University of South Florida (USF)
				Self-Insurance Program.
(a) The UF is
				authorized to establish the J. Hillis Miller Health Center Self-Insurance
				Program and the University of Florida J. Hillis Miller Health
				Center/Jacksonville Self-Insurance Program, and the USF is authorized to
				establish the University of South Florida Health Sciences Center Self-Insurance
				Program for the purpose of providing comprehensive general liability
				protection, including professional liability protection, for the Board and
				other persons and entities as provided by law and as authorized by the Board or
				the Self-Insurance Program Councils. The Self-Insurance Programs shall be
				funded by contributions paid by or on behalf of protected persons and
				entities.
(b) The Self-Insurance
				Programs shall be administered by the following Councils.
1. The J. Hillis Miller Health Center
				Self-Insurance Program shall be administered by the J. Hillis Miller Health
				Center Self-Insurance Program Council. The Council shall consist of the
				following officers of UF: Vice President for Health Affairs, who shall serve as
				Chair; Vice President for Administrative Affairs; Associate Vice President for
				Health Affairs; Dean, College of Medicine; Dean, College of Dentistry; three
				members of the faculty of the College of Medicine appointed by the Dean,
				College of Medicine; the General Counsel; and the Self-Insurance Program
				Administrator; and such other persons as from time to time may be appointed to
				the Council by the Board or by the President of UF; and if Shands Teaching
				Hospital and Clinics, Inc. (Shands Hospital), participates in the
				Self-Insurance Program: the Chief Executive Officer and Executive Vice
				President of Shands Hospital; the Chief of Staff of Shands Hospital; and two
				members of the administrative staff of Shands Hospital to be appointed by the
				Chief Executive Officer and Executive Vice President of Shands
				Hospital.
2. The J. Hillis Miller
				Health Center/Jacksonville Self-Insurance Program shall be administered by the
				J. Hillis Miller Health Center/Jacksonville Self-Insurance Program Council. The
				Council shall consist of the following officers of UF: Senior Associate Dean
				and Assistant Vice President for Jacksonville Programs, who shall serve as
				Chair; two designees of the Dean, College of Medicine; Associate Vice President
				for Health Affairs for External Relations; three Associate Departmental Chairs
				of the College of Medicine appointed by the Senior Associate Dean and Assistant
				Vice President for Jacksonville Programs; the General Counsel; the
				Self-Insurance Program Administrator; and such other persons as from time to
				time may be appointed by the Board or by the President of UF; and if University
				Medical Center is protected by the Self-Insurance Program: the President and
				Chief Executive Officer of University Medical Center; the Chief-of-Staff of
				University Medical Center; and two members of the administrative staff of
				University Medical Center to be appointed by the President and Chief Executive
				Officer.
3. USF Health Sciences
				Center Self-Insurance Program shall be administered by the USF Health Sciences
				Center Self-Insurance Program Council. The Council shall consist of the
				following officers of USF: Vice President for Health Sciences (or his/her
				designee), who shall serve as Chair; a financial officer of the Health Sciences
				Center as designated by the Vice President for Health Sciences; four members of
				the faculty of the College of Medicine appointed by the Vice President for
				Health Sciences; the General Counsel; the Self-Insurance Program Administrator;
				and such other persons as from time to time may be appointed to the Council by
				the Board or by the President of USF; and if the H. Lee Moffitt Cancer Center
				and Research Institute, Inc. participates in the Self-Insurance Program, the
				Center Director (or his/her designee).
(c) The powers and duties of each Council
				shall be:
1. To administer the Self-Insurance
				Program in accordance with the laws of Florida, and the rules of the Board, the
				Department of Insurance, and the University;
2. To propose and submit an annual budget for
				the Self-Insurance Program through the University President to the
				Board;
3. To develop and propose to
				the Board a Memorandum of Protection which shall constitute the Self-Insurance
				Program's coverage document. The Memorandum of Protection shall contain the
				insuring agreements, exclusions, and other conditions applicable to persons and
				entities protected and shall be part of this Rule by reference. The Council
				shall extend by resolution the protections described in the Memorandum of
				Protection to persons and entities as authorized by statute and establish the
				levels of liability protections extended to such persons and entities; however,
				the Council is not obligated to extend protection to persons and entities as
				may be authorized by Florida law, except as may be directed by the
				Board.
4. To contract with an
				independent casualty actuary to establish funding requirements necessary to
				maintain the fiscal integrity of the Self-Insurance Program;
5. To appoint a Self-Insurance Program
				Administrator who shall carry out the policies and directives of the
				Council;
6. To retain
				attorneys-at-law to represent the Board and persons and entities protected by
				the Self-Insurance Program and perform other legal services which are related
				to the Self-Insurance Program;
7.
				To establish committees and designate persons as necessary to assist in the
				performance of its duties, and may authorize such committees or persons to act
				for and on behalf of the Council. The Council shall establish a Risk Management
				Committee, which shall oversee the investigation and disposition of such claims
				and suits protected by the Self-Insurance Program, identify risk factors which
				cause such claims and suits, and develop and implement risk management programs
				to reduce or eliminate those risk factors. Such Risk Management Committee shall
				conduct reviews pursuant to the provisions of section
				766.106, F.S., and shall be
				deemed a medical review committee as defined in section
				766.101, F.S.;
8. To purchase excess insurance on behalf of
				persons and entities protected by the Self-Insurance Program for claims which
				exceed the level of protection provided by the Self-Insurance Program including
				claim bills to award compensation in amounts which exceed the protection
				provided by the Self-Insurance Program or by commercial insurance; to assist
				entities not described in section
				768.28, F.S., which are
				authorized and approved as allowed by Florida laws to be protected by the
				Self-Insurance Program, in the procurement of insurance for losses which exceed
				the levels of protection provided by the Self-Insurance Program as established
				by the Council, but the Council is not authorized to purchase such insurance
				with Self-Insurance Program assets; and,
9. To participate in other self-insuring
				mechanisms such as Risk Retention Groups or captive insurance companies,
				independently or in association with other compatible entities, subject to the
				approval of the Board.
10. To
				deposit Self-Insurance Program income in accounts approved by the Board and
				managed pursuant to the Self-Insurance Program's administrative and investment
				policies;
11. To establish an
				investment policy which shall be approved by the Board, and to maintain an
				investment account which shall optimize income for the support of the
				Self-Insurance Program;
12. To
				provide for an annual audit of the Self-Insurance Program's financial accounts
				by independent auditors. The annual audit report shall include a management
				letter and shall be submitted to the Board for
				review.