1.
Effective upon
enactment.
2.
The Act, in
part, permits a victim of criminal child sexual abuse to sue a grossly
negligent public legal entity licensed by the State to provide health care services
that either employed the abuser and owed a duty of care to the patient; or had
control over the activities of the abuser.
3.
The Attorney
General’s Office advises that the determination of gross negligence
differentiates these cases from typical sovereign immunity cases which are
usually disposed upon motion. However, gross negligence is difficult to
establish.
4.
We are further
advised by the Attorney General’s Office that Senate Amendment Number 2
substantially limits the State’s exposure during the 2 year look-back period.
Damages may only be awarded against a public or private legal entity which
employed a healthcare provider licensed by the State to provide healthcare
services. As such, exposure is removed from regulatory bodies.
5.
The Attorney
General’s Office will provide legal services required by any claims against the
State to the extent deemed prudent. However, specific expertise and staffing
constraints may require outside legal services that must be paid through
self-insurance. The Insurance Coverage Office advises that the State’s exposure
is primarily with The Department of Health and Social Services and The
Department of Children, Youth & Their Families. The liability of schools
that employ nurses is not clear.
6.
The cost to
the State will depend on claims experience.
COST:
FY
2010 -0-
FY
2011 Indeterminable
– assumed minimal.
FY
2012 Indeterminable
– assumed minimal.
Office of Controller
General
(Amounts are shown in whole dollars)
June 29, 2010
SBK:kea
2051450049