Florida Administrative Code
6 - DEPARTMENT OF EDUCATION
6C - Board of Regents
Chapter 6C-10 - MISCELLANEOUS PROVISIONS
Section 6C-10.001 - Self-Insurance Programs
Universal Citation: FL Admin Code R 6C-10.001
Current through Reg. 51, No. 058, March 25, 2025
(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.
(2) Captive Insurance Companies.
(a) The Councils
defined in subparagraphs (1)(b)1. and 2. are authorized to establish as part of
the Board of Regents' self-insurance program a captive insurance company to be
named the University of Florida Healthcare Education Insurance Company (HEIC)
and the Council defined in subparagraph (1)(b)3. is authorized to establish a
captive insurance company to be named the University of South Florida Health
Sciences Insurance Company (HSIC). Each captive (HEIC and HSIC) shall be wholly
owned by the Board and established in a domestic or foreign domicile acceptable
to the Board. The Articles of Incorporation and Bylaws of each captive are
subject to the prior written approval of the Board. Each captive shall insure
the Board and may insure any other entity or individual who is authorized by
statute to purchase liability protection from a self-insurance program created
pursuant to this rule.
(b) Each
captive shall provide liability protection as authorized by section
240.213, F.S. The limits of
liability protection to be provided for the Board shall be those described in
section 768.28, F.S., unless otherwise
established pursuant to a written endorsement to the insurance policy issued by
the captive. The limit of liability protection for insured entities and persons
not described in section
768.28, F.S., shall be as
established by the respective Board of Directors.
(c) Each captive shall be managed by a Board
of Directors.
1. HEIC shall be managed by a
Board of Directors, constituted as follows: the Vice President for Health
Affairs of UF, who shall serve as Chair; the Chair of the Board of Regents (or
the Chair's designee); the Vice Chancellor for Health Affairs; the Dean of the
College of Medicine; the Senior Associate Dean and Assistant Vice President for
Jacksonville Programs; the Associate Vice President for UF Health Science
Center Affiliations; the General Counsel of UF; the Self-Insurance Program
Administrator who shall serve as President and Chief Executive Officer; and
such persons who from time to time may be appointed by the President of UF; and
if Shands Teaching Hospital and Clinic, Inc. (Shands) is insured, the Chief
Executive Officer and Executive Vice President of Shands and one appointee of
the Chief Executive Officer and Executive Vice President; and if University
Medical Center (UMC) is insured, the President and Chief Executive Officer of
UMC and one appointee of the President and Chief Executive Officer of UMC. The
number of Board of Directors shall be a minimum of nine (9), and the maximum
shall be fifteen (15); the majority shall be individuals who are not
M.D.s.
2. HSIC shall be managed by
a Board of Directors, constituted as follows: the Vice President for Health
Sciences of USF, who shall serve as Chair; the Chair of the Board of Regents
(or the Chair's designee); the Vice Chancellor for Health Affairs; the Dean of
the College of Medicine (or his/her designee); the Executive Associate Vice
President for Health Sciences USF; a financial officer of the Health Sciences
Center as designated by the Vice President for Health Sciences; the General
Counsel of USF; the Self-Insurance Program Administrator; who shall serve as
President and Chief Executive Officer; and such persons who from time to time
may be appointed to the Board of Directors by the President of USF; and if the
H. Lee Moffitt Cancer Center and Research Institute (Moffitt) is insured, the
Center Director of Moffitt. The number of Board of Directors shall be a minimum
of nine (9), and the maximum shall be fifteen (15); the majority shall be
individuals who are not M.D.s.
(d) The Board of Directors of each captive
shall carry out the purposes of the entity in compliance with its' Articles of
Incorporation and Bylaws. These management responsibilities shall include:
1. To issue policies of insurance protection
which shall establish the perils and risks to be protected and the limits of
liability protection in excess of those amounts described in section
768.28, F.S., to be underwritten
by the captive. Such limits of liability protection may supplant or be in
excess of those liability protections provided by the Self-Insurance
Program(s);
2. To act as the
underwriting committee;
3. To
contract with the Self-Insurance Program(s) for administrative, risk
management, claims and other related services. The Self-Insurance Program(s)
and the captive shall share equitably in the administrative costs of the
self-insurance programs;
4. To
annually assess and collect premiums from insured entities and individuals. All
premium income shall be deposited in accounts approved by the Board and shall
be managed pursuant to the captive's administrative and investment
policies;
5. To propose and submit
an annual budget through the President to the Board;
6. 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 captive;
7. To transfer any risks protected by the
captive to commercial insurers through reinsurance, reciprocal or other risk
sharing agreements with similar risk bearers;
8. To contract with an insurance management
firm licensed in the selected domicile to serve as the registered office of the
captive and to provide such services within the domicile as may be required by
the insurance code or law of the selected domicile;
9. To accept the transfer of any contingent
losses and loss reserves from the Self-Insurance Program(s) if requested by the
Self-Insurance Council(s);
10. To
contract with a casualty actuary, as defined by the insurance code or law of
the domicile of the captive, to perform an annual review to recommend premium
income levels to safeguard the fiscal integrity of the captive;
11. To provide for an annual audit of the
captive's financial accounts by independent auditors approved by the selected
domicile and the Board. The annual audit report shall include a management
letter and shall be submitted to the Board for
review.
Rulemaking Authority 240.209(1), (3)(r), 240.213(5) FS. Law Implemented 240.209(1), 240.213, 240.512(3), 240.513(3)(d), 240.5135, 395.0197, 768.28, 766.101, 766.106 FS.
New 9-17-71, Formerly 6C-3.01, Amended and Renumbered 12-17-74, Amended 5-24-77, 9-8-77, 1-11-79, 12-11-79, 8-11-85, Formerly 6C-10.01, Amended 1-6-88, 10-15-90, 5-30-93, 3-16-95, 11-27-95.
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