Florida Senate - 2021                          SENATOR AMENDMENT
       Bill No. CS/CS/SB 1786, 1st Eng.
       
       
       
       
       
       
                                Ì343542ÈÎ343542                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                  Floor: WD            .                                
             04/28/2021 03:42 PM       .                                
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       Senator Farmer moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 71 - 342
    4  and insert:
    5         (b)1.a. Periodic payments of an award to the parents or
    6  legal guardians of the infant found to have sustained a birth
    7  related neurological injury, which award may shall not exceed
    8  $100,000. However, at the discretion of the administrative law
    9  judge, such award may be made in a lump sum. Beginning on
   10  January 1, 2021, the award may not exceed $250,000, and each
   11  January 1 thereafter, the maximum award authorized under this
   12  paragraph shall increase by 3 percent.
   13         b.Parents or legal guardians who received an award
   14  pursuant to this section before January 1, 2021, and whose child
   15  currently receives benefits under the plan must receive a
   16  retroactive payment in an amount sufficient to bring the total
   17  award paid to the parents or legal guardians pursuant to sub
   18  subparagraph a. to $250,000. This additional payment may be made
   19  in a lump sum or in periodic payments as designated by the
   20  parents or legal guardians.
   21         2.a. Death benefit for the infant in an amount of $50,000.
   22         b.Parents or legal guardians who received an award
   23  pursuant to this section, and whose child died since the
   24  inception of the program, must receive a retroactive payment in
   25  an amount sufficient to bring the total award paid to the
   26  parents or legal guardians pursuant to sub-subparagraph a. to
   27  $50,000. This additional payment may be made in a lump sum or in
   28  periodic payments as designated by the parents or legal
   29  guardians $10,000.
   30         Section 4. Section 766.3145, Florida Statutes, is created
   31  to read:
   32         766.3145Code of ethics.—
   33         (1)On or before July 1 of each year, employees of the
   34  association must sign and submit a statement attesting that they
   35  do not have a conflict of interest as defined in part III of
   36  chapter 112. As a condition of employment, all prospective
   37  employees must sign and submit to the association a conflict-of
   38  interest statement.
   39         (2)The executive director, senior managers, and members of
   40  the board of directors are subject to the code of ethics under
   41  part III of chapter 112. For purposes of applying part III of
   42  chapter 112 to activities of the executive director, senior
   43  managers, and members of the board of directors, those persons
   44  are considered public officers or employees and the association
   45  is considered their agency. A board member may not vote on any
   46  measure that would inure to his or her special private gain or
   47  loss and, notwithstanding s. 112.3143(2), may not vote on any
   48  measure that he or she knows would inure to the special private
   49  gain or loss of any principal by whom he or she is retained or
   50  to the parent organization or subsidiary of a corporate
   51  principal by which he or she is retained, other than an agency
   52  as defined in s. 112.312; or that he or she knows would inure to
   53  the special private gain or loss of a relative or business
   54  associate of the public officer. Before the vote is taken, such
   55  member shall publicly state to the board the nature of his or
   56  her interest in the matter from which he or she is abstaining
   57  from voting and, within 15 days after the vote occurs, disclose
   58  the nature of his or her interest as a public record in a
   59  memorandum filed with the person responsible for recording the
   60  minutes of the meeting, who shall incorporate the memorandum in
   61  the minutes.
   62         (3)Notwithstanding s. 112.3148, s. 112.3149, or any other
   63  law, an employee or board member may not knowingly accept,
   64  directly or indirectly, any gift or expenditure from a person or
   65  entity, or an employee or representative of such person or
   66  entity, which has a contractual relationship with the
   67  association or which is under consideration for a contract.
   68         (4)An employee or board member who fails to comply with
   69  subsection (2) or subsection (3) is subject to penalties
   70  provided under ss. 112.317 and 112.3173.
   71         (5)Any senior manager or executive director of the
   72  association who is employed on or after January 1, 2022,
   73  regardless of the date of hire, who subsequently retires or
   74  terminates employment is prohibited from representing another
   75  person or entity before the association for 2 years after
   76  retirement or termination of employment from the association.
   77         Section 5. Section 766.315, Florida Statutes, is amended to
   78  read:
   79         766.315 Florida Birth-Related Neurological Injury
   80  Compensation Association; board of directors; notice of
   81  meetings; report.—
   82         (1)(a) The Florida Birth-Related Neurological Injury
   83  Compensation Plan shall be governed by a board of seven five
   84  directors which shall be known as the Florida Birth-Related
   85  Neurological Injury Compensation Association. The association is
   86  not a state agency, board, or commission. Notwithstanding the
   87  provision of s. 15.03, the association is authorized to use the
   88  state seal.
   89         (b) The directors shall be appointed for staggered terms of
   90  3 years or until their successors are appointed and have
   91  qualified; however, a director may not serve for more than 6
   92  consecutive years.
   93         (c) The directors shall be appointed by the Chief Financial
   94  Officer as follows:
   95         1. One citizen representative who is not affiliated with
   96  any of the groups identified in subparagraphs 2.-7.
   97         2. One representative of participating physicians.
   98         3. One representative of hospitals.
   99         4. One representative of casualty insurers.
  100         5. One representative of physicians other than
  101  participating physicians.
  102         6.One parent or legal guardian representative of an
  103  injured infant under the plan.
  104         7.One representative of an advocacy organization for
  105  children with disabilities.
  106         (2)(a) The Chief Financial Officer may select the
  107  representative of the participating physicians from a list of at
  108  least three names recommended by the American Congress of
  109  Obstetricians and Gynecologists, District XII; the
  110  representative of hospitals from a list of at least three names
  111  recommended by the Florida Hospital Association; the
  112  representative of casualty insurers from a list of at least
  113  three names, one of which is recommended by the American
  114  Insurance Association, one of which is recommended by the
  115  Florida Insurance Council, and one of which is recommended by
  116  the Property Casualty Insurers Association of America; and the
  117  representative of physicians, other than participating
  118  physicians, from a list of three names recommended by the
  119  Florida Medical Association and a list of three names
  120  recommended by the Florida Osteopathic Medical Association.
  121  However, the Chief Financial Officer is not required to make an
  122  appointment from among the nominees of the respective
  123  associations. A participating physician who is named in a
  124  pending petition for a claim may not be appointed to the board.
  125  An appointed director who is a participating physician may not
  126  vote on any board matter relating to a claim accepted for an
  127  award for compensation if the physician is named in the petition
  128  for the claim.
  129         (b) If applicable, the Chief Financial Officer shall
  130  promptly notify the appropriate medical association or person
  131  identified in paragraph (a) to make recommendations upon the
  132  occurrence of any vacancy, and like nominations may be made for
  133  the filling of the vacancy.
  134         (c)The Governor or the Chief Financial Officer may remove
  135  a director from office for misconduct, malfeasance, misfeasance,
  136  or neglect of duty in office. Any vacancy so created shall be
  137  filled as provided in paragraph (a).
  138         (3) The directors may shall not transact any business or
  139  exercise any power of the plan except upon the affirmative vote
  140  of four three directors. The directors shall serve without
  141  salary, but are entitled to receive reimbursement each director
  142  shall be reimbursed for actual and necessary expenses incurred
  143  in the performance of his or her official duties as a director
  144  of the plan in accordance with s. 112.061. The directors are
  145  shall not be subject to any liability with respect to the
  146  administration of the plan.
  147         (4) The board of directors has shall have the power to:
  148         (a) Administer the plan.
  149         (b) Administer the funds collected on behalf of the plan.
  150         (c) Administer the payment of claims on behalf of the plan.
  151         (d) Direct the investment and reinvestment of any surplus
  152  funds over losses and expenses, if provided that any investment
  153  income generated thereby remains credited to the plan.
  154         (e) Reinsure the risks of the plan in whole or in part.
  155         (f) Sue and be sued, and appear and defend, in all actions
  156  and proceedings in its name to the same extent as a natural
  157  person.
  158         (g) Have and exercise all powers necessary or convenient to
  159  effect any or all of the purposes for which the plan is created.
  160         (h) Enter into such contracts as are necessary or proper to
  161  administer the plan.
  162         (i) Employ or retain such persons as are necessary to
  163  perform the administrative and financial transactions and
  164  responsibilities of the plan and to perform other necessary and
  165  proper functions not prohibited by law.
  166         (j) Take such legal action as may be necessary to avoid
  167  payment of improper claims.
  168         (k) Indemnify any employee, agent, member of the board of
  169  directors or alternate thereof, or person acting on behalf of
  170  the plan in an official capacity, for expenses, including
  171  attorney attorney’s fees, judgments, fines, and amounts paid in
  172  settlement actually and reasonably incurred in connection with
  173  any action, suit, or proceeding, including any appeal thereof,
  174  arising out of such person’s capacity to act acting on behalf of
  175  the plan, if; provided that such person acted in good faith and
  176  in a manner he or she reasonably believed to be in, or not
  177  opposed to, the best interests of the plan and the health and
  178  best interest of the child having birth-related neurological
  179  injuries, and if provided that, with respect to any criminal
  180  action or proceeding, such the person had reasonable cause to
  181  believe his or her conduct was lawful.
  182         (5)(a) Money may be withdrawn on account of the plan only
  183  upon a voucher as authorized by the association.
  184         (b) All meetings of the board of directors are subject to
  185  the requirements of s. 286.011, and all books, records, and
  186  audits of the plan are open to the public for reasonable
  187  inspection to the general public, except that a claim file in
  188  the possession of the association or its representative is
  189  confidential and exempt from the provisions of s. 119.07(1) and
  190  s. 24(a), Art. I of the State Constitution until termination of
  191  litigation or settlement of the claim, although medical records
  192  and other portions of the claim file may remain confidential and
  193  exempt as otherwise provided by law. Any book, record, document,
  194  audit, or asset acquired by, prepared for, or paid for by the
  195  association is subject to the authority of the board of
  196  directors, which is responsible therefor.
  197         (c) Except in the case of emergency meetings, the
  198  association shall give notice of any board meeting by
  199  publication on the association’s website not fewer than 7 days
  200  before the meeting. The association shall prepare an agenda in
  201  time to ensure that a copy of the agenda may be received at
  202  least 7 days before the meeting by any person who requests a
  203  copy and who pays the reasonable cost of the copy. The agenda,
  204  along with any meeting materials available in electronic form,
  205  excluding confidential and exempt information, shall be
  206  published on the association’s website. The agenda shall contain
  207  the items to be considered in order of presentation and a
  208  telephone number for members of the public to participate
  209  telephonically at the board meeting. After the agenda has been
  210  made available, a change shall be made only for good cause, as
  211  determined by the person designated to preside, and must be
  212  stated in the record. Notification of such change shall be at
  213  the earliest practicable time.
  214         (d) Each person authorized to receive deposits, issue
  215  vouchers, or withdraw or otherwise disburse any funds shall post
  216  a blanket fidelity bond in an amount reasonably sufficient to
  217  protect plan assets, as determined by the plan of operation. The
  218  cost of such bond will be paid from the assets of the plan.
  219         (e)(d) Annually, the association shall furnish audited
  220  financial reports to any plan participant upon request, to the
  221  Office of Insurance Regulation of the Financial Services
  222  Commission, and to the Joint Legislative Auditing Committee. The
  223  reports must be prepared in accordance with accepted accounting
  224  procedures and must include such information as may be required
  225  by the Office of Insurance Regulation or the Joint Legislative
  226  Auditing Committee. At any time determined to be necessary, the
  227  Office of Insurance Regulation or the Joint Legislative Auditing
  228  Committee may conduct an audit of the plan.
  229         (f)(e) Funds held on behalf of the plan are funds of the
  230  State of Florida. The association may only invest plan funds in
  231  the investments and securities described in s. 215.47, and shall
  232  be subject to the limitations on investments contained in that
  233  section. All income derived from such investments will be
  234  credited to the plan. The State Board of Administration may
  235  invest and reinvest funds held on behalf of the plan in
  236  accordance with the trust agreement approved by the association
  237  and the State Board of Administration and within the provisions
  238  of ss. 215.44-215.53.
  239         (6)The association shall furnish annually to each parent
  240  and legal guardian receiving benefits under the plan either by
  241  mail or electronically a list of expenses compensable under the
  242  plan.
  243         (7)The association shall publish a report on its website
  244  by January 1, 2022, and every January 1 thereafter. The report
  245  shall include:
  246         (a)The names and terms of each board member and executive
  247  staff member.
  248         (b)The amount of compensation paid to each association
  249  employee.
  250         (c)A summary of reimbursement disputes and resolutions.
  251         (d)A list of expenditures for attorney fees and lobbying
  252  fees.
  253         (e)Other expenses to oppose each plan claim. Any personal
  254  identifying information of the parent, legal guardian, or child
  255  involved in the claim must be removed from this list.
  256         (8)On or before November 1, 2021, and by each November 1
  257  thereafter, the association shall submit a report to the
  258  Governor, the President of the Senate, the Speaker of the House
  259  of Representatives, and the Chief Financial Officer. The report
  260  must include:
  261         (a)The number of petitions filed for compensation with the
  262  division, the number of claimants awarded compensation, the
  263  number of claimants denied compensation, and the reasons for the
  264  denial of compensation.
  265         (b)The number and dollar amount of paid and denied
  266  compensation for expenses by category and the reasons for any
  267  denied compensation for expenses by category.
  268         (c)The average turnaround time for paying or denying
  269  compensation for expenses.
  270         (d)Legislative recommendations to improve the program.
  271         (e)A summary of any pending or resolved litigation during
  272  the year which affects the plan.
  273         (f)The amount of compensation paid to each association
  274  employee or member of the board of directors.
  275         (g)For the initial report due on or before November 1,
  276  2021, an actuarial report conducted by an independent actuary
  277  which provides an analysis of the estimated costs of
  278  implementing the following changes to the plan:
  279         1.Reducing the minimum birth weight eligibility for a
  280  participant in the plan from 2,500 grams to 2,000 grams.
  281         2.Revising the eligibility for participation in the plan
  282  by providing that an infant must be permanently and
  283  substantially mentally or physically impaired, rather than
  284  permanently and substantially mentally and physically impaired.
  285         3.Increasing the annual special benefit or quality of life
  286  benefit from $500 to $2,500 per calendar year.
  287         Section 6. The amendments made to s. 766.31, Florida
  288  Statutes, by this act, apply to petitions pending or filed under
  289  s. 766.305, Florida Statutes, on or after January 1, 2021.
  290  However, s. 766.31(1)(b)1.b. and 2.b., Florida Statutes, as
  291  created by this act, apply retroactively.
  292  
  293  ================= T I T L E  A M E N D M E N T ================
  294  And the title is amended as follows:
  295         Delete lines 384 - 386
  296  and insert:
  297         annually; requiring the plan to provide retroactive
  298         payments to certain parents or legal guardians which
  299         are sufficient to bring the total award to a specified
  300         amount; authorizing such payments to be made in a lump
  301         sum or periodically; increasing the death benefit for
  302         an infant found to have sustained a birth-related
  303         neurological injury; requiring the plan to provide
  304         retroactive payments to certain parents or legal
  305         guardians which are sufficient to bring the total
  306         death benefit award to a specified amount; authorizing
  307         such payments to be made in a lump sum or
  308         periodically; creating s. 766.3145, F.S.; requiring