S.B. 210
127th General Assembly
(As Introduced)
Sens. Mason, Boccieri, Cafaro, D. Miller, Morano, Padgett, Schuler, Smith
BILL SUMMARY
· Requires type A and type B family day-care homes to procure and maintain liability insurance, a bond, or a signed affidavit from parents of children in the homes acknowledging the lack of liability insurance.
· Permits an owner of real property where a family day-care home is located to be listed as an additional insured party on a liability insurance policy under certain circumstances.
CONTENT AND OPERATION
Liability insurance or
alternatives for family day-care homes
Under current law, type A and type B family day-care homes are not required to procure and maintain liability insurance.[1] The bill requires that all type A and type B family day-care homes procure and maintain one of the following: (1) liability insurance, (2) a bond, (3) a signed affidavit from parents as described below. (Sec. 5104.041(A).) The bill requires that this proof be made available for review during inspection or investigation. (Sec. 5104.041(C).)
The liability insurance must be issued by an insurer authorized to do business in the state (unless a bond or signed affidavit is maintained, for which see below) and is to insure the home against liability arising out of, or in connection with, the operation of the home. The liability insurance must cover any cause for which the family day-care home would be liable in the amount of at least $100,000 per occurrence and $300,000 in the aggregate.
Homes may procure and maintain a bond as an alternative to liability insurance. The bond must be in the aggregate amount of $300,000.
The bill homes to procure and maintain a signed affidavit as an alternative to liability insurance or a bond. The affidavit must be signed by the parent, guardian, or custodian of each child receiving child care from the family day-care home. The affidavit must state the following: (1) the home does not carry liability insurance or a bond, and (2) if the applicant for licensure or certification of the home is not the owner of the real property where the home is located, the liability insurance, if any, of the owner of the real property may not provide for coverage of any liability arising out of, or in connection with, the operation of the home.
The bill permits an owner of real property where a type A or type B family day-care home is located to be listed as an additional insured party on a liability insurance policy under certain circumstances. (Sec. 5104.041(B).) If the applicant for licensure or certification of a type A or type B family day-care home is not the owner of the real property where the home is located, and the home procures liability insurance or a bond, the applicant must name the owner of the real property as an additional insured party on the liability insurance or bond, if the following apply: (1) the owner of the real property requests the applicant, in writing, to add the owner to the insurance policy as an additional insured party, (2) the addition of the owner does not result in cancellation or nonrenewal of the insurance policy or bond procured by the home, and (3) the owner of the real property pays any additional premium assessed for coverage of the owner.
HISTORY
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ACTION |
DATE |
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Introduced |
08-30-07 |
s0210-i-127.doc/kl
[1] A "type A family
day-care home" is defined as a permanent residence of the administrator in which child care or
publicly funded child care is provided for seven to twelve children at one
time, or a permanent residence of the administrator in which child care is
provided for four to twelve children at one time if four or more children at
one time are under two years of age.
(Sec. 5104.01(RR).) A "type
B family day-care home" is defined as a permanent residence of the
provider in which child care is provided for one to six children at one time
and in which no more than three children are under two years of age at one
time. (Sec. 5104.01(SS).)