Senate Bill sb1746

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2003                                  SB 1746

    By Senator Webster





    9-916A-03                                           See HB 539

  1                      A bill to be entitled

  2         An act relating to assessments for the Florida

  3         Birth-Related Neurological Injury Compensation

  4         Plan; amending s. 766.314, F.S.; providing that

  5         assessments shall not be required for children

  6         born in a family practice teaching hospital;

  7         updating terminology; providing for retroactive

  8         application; providing an effective date.

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10  Be It Enacted by the Legislature of the State of Florida:

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12         Section 1.  Paragraph (a) of subsection (4) of section

13  766.314, Florida Statutes, is amended, and subsection (7) of

14  that section is reenacted for the purpose of incorporating a

15  reference to subsection (4) of that section, to read:

16         766.314  Assessments; plan of operation.--

17         (4)  The following persons and entities shall pay into

18  the association an initial assessment in accordance with the

19  plan of operation:

20         (a)  On or before October 1, 1988, each hospital

21  licensed under chapter 395 shall pay an initial assessment of

22  $50 per infant delivered in the hospital during the prior

23  calendar year, as reported to the Agency for Health Care

24  Administration; provided, however, that a hospital owned or

25  operated by the state or a county, special taxing district, or

26  other political subdivision of the state shall not be required

27  to pay the initial assessment or any assessment required by

28  subsection (5). The term "infant delivered" includes live

29  births and not stillbirths, but the term does not include

30  infants delivered by employees or agents of the former Board

31  of Regents, the Board of Governors, or the board of trustees

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                                  SB 1746
    9-916A-03                                           See HB 539




 1  of a state university or those born in a teaching hospital as

 2  defined in s. 408.07 or a family practice teaching hospital as

 3  defined in s. 395.806. The initial assessment and any

 4  assessment imposed pursuant to subsection (5) may not include

 5  any infant born to a charity patient (as defined by rule of

 6  the Agency for Health Care Administration) or born to a

 7  patient for whom the hospital receives Medicaid reimbursement,

 8  if the sum of the annual charges for charity patients plus the

 9  annual Medicaid contractuals of the hospital exceeds 10

10  percent of the total annual gross operating revenues of the

11  hospital. The hospital is responsible for documenting, to the

12  satisfaction of the association, the exclusion of any birth

13  from the computation of the assessment. Upon demonstration of

14  financial need by a hospital, the association may provide for

15  installment payments of assessments.

16         (7)(a)  The Department of Insurance shall undertake an

17  actuarial investigation of the requirements of the plan based

18  on the plan's experience in the first year of operation and

19  any additional relevant information, including without

20  limitation the assets and liabilities of the plan. Pursuant to

21  such investigation, the Department of Insurance shall

22  establish the rate of contribution of the entities listed in

23  paragraph (5)(c) for the tax year beginning January 1, 1990.

24  Following the initial valuation, the Department of Insurance

25  shall cause an actuarial valuation to be made of the assets

26  and liabilities of the plan no less frequently than

27  biennially. Pursuant to the results of such valuations, the

28  Department of Insurance shall prepare a statement as to the

29  contribution rate applicable to the entities listed in

30  paragraph (5)(c). However, at no time shall the rate be

31  greater than 0.25 percent of net direct premiums written.

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    Florida Senate - 2003                                  SB 1746
    9-916A-03                                           See HB 539




 1         (b)  If the Department of Insurance finds that the plan

 2  cannot be maintained on an actuarially sound basis based on

 3  the assessments and appropriations listed in subsections (4)

 4  and (5), the department shall increase the assessments

 5  specified in subsection (4) on a proportional basis as needed.

 6         Section 2.  This act shall take effect upon becoming a

 7  law and those provisions eliminating assessments for children

 8  born in a family practice teaching hospital shall be given

 9  retroactive application to July 1, 1997.

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CODING: Words stricken are deletions; words underlined are additions.