HB 4127

1	A bill to be entitled
2	An act relating to assessment of physicians; amending
3	s. 766.314, F.S.; deleting a provision relating to
4	assessments for the Florida Birth-Related Neurological
5	Injury Compensation Plan to be paid by certain
6	physicians on or before October 15, 1988; conforming
7	cross-references; amending s. 766.316, F.S.;
8	conforming a cross-reference; providing an effective
9	date.
10
11	Be It Enacted by the Legislature of the State of Florida:
12
13	Section 1.  Paragraphs (c) and (d) of subsection (4) of
14	section 766.314, Florida Statutes, are redesignated as
15	paragraphs (b) and (c) of that subsection, respectively, and
16	present paragraph (b) of subsection (4) and paragraph (a) of
17	subsection (5) of that section are amended to read:
18	766.314  Assessments; plan of operation.-
19	(4)  The following persons and entities shall pay into the
20	association an initial assessment in accordance with the plan of
21	operation:
22	(b)1.  On or before October 15, 1988, all physicians
23	licensed pursuant to chapter 458 or chapter 459 as of October 1,
24	1988, other than participating physicians, shall be assessed an
25	initial assessment of $250, which must be paid no later than
26	December 1, 1988.
27	2.  Any such physician who becomes licensed after September
28	30, 1988, and before January 1, 1989, shall pay into the
29	association an initial assessment of $250 upon licensure.
30	3.  Any such physician who becomes licensed on or after
31	January 1, 1989, shall pay an initial assessment equal to the
32	most recent assessment made pursuant to this paragraph,
33	paragraph (5)(a), or paragraph (7)(b).
34	4.  However, if the physician is a physician specified in
35	this subparagraph, the assessment is not applicable:
36	a.  A resident physician, assistant resident physician, or
37	intern in an approved postgraduate training program, as defined
38	by the Board of Medicine or the Board of Osteopathic Medicine by
39	rule;
40	b.  A retired physician who has withdrawn from the practice
41	of medicine but who maintains an active license as evidenced by
42	an affidavit filed with the Department of Health. Prior to
43	reentering the practice of medicine in this state, a retired
44	physician as herein defined must notify the Board of Medicine or
45	the Board of Osteopathic Medicine and pay the appropriate
46	assessments pursuant to this section;
47	c.  A physician who holds a limited license pursuant to s.
48	458.317 and who is not being compensated for medical services;
49	d.  A physician who is employed full time by the United
50	States Department of Veterans Affairs and whose practice is
51	confined to United States Department of Veterans Affairs
52	hospitals; or
53	e.  A physician who is a member of the Armed Forces of the
54	United States and who meets the requirements of s. 456.024.
55	f.  A physician who is employed full time by the State of
56	Florida and whose practice is confined to state-owned
57	correctional institutions, a county health department, or state-
58	owned mental health or developmental services facilities, or who
59	is employed full time by the Department of Health.
60	(5)(a)  Beginning January 1, 1990, the persons and entities
61	listed in paragraph paragraphs (4)(b) and (c), except those
62	persons or entities who are specifically excluded from that
63	provision said provisions, as of the date determined in
64	accordance with the plan of operation, taking into account
65	persons licensed subsequent to the payment of the initial
66	assessment, shall pay an annual assessment in the amount equal
67	to the initial assessments provided in paragraph paragraphs
68	(4)(b) and (c). If payment of the annual assessment by a
69	physician is received by the association by January 31 of any
70	calendar year, the physician shall qualify as a participating
71	physician for that entire calendar year. If the payment is
72	received after January 31 of any calendar year, the physician
73	shall qualify as a participating physician for that calendar
74	year only from the date the payment was received by the
75	association. On January 1, 1991, and on each January 1
76	thereafter, the association shall determine the amount of
77	additional assessments necessary pursuant to subsection (7), in
78	the manner required by the plan of operation, subject to any
79	increase determined to be necessary by the Office of Insurance
80	Regulation pursuant to paragraph (7)(b). On July 1, 1991, and on
81	each July 1 thereafter, the persons and entities listed in
82	paragraph paragraphs (4)(b) and (c), except those persons or
83	entities who are specifically excluded from that provision said
84	provisions, shall pay the additional assessments which were
85	determined on January 1. Beginning January 1, 1990, the entities
86	listed in paragraph (4)(a), including those licensed on or after
87	October 1, 1988, shall pay an annual assessment of $50 per
88	infant delivered during the prior calendar year. The additional
89	assessments which were determined on January 1, 1991, pursuant
90	to the provisions of subsection (7) shall not be due and payable
91	by the entities listed in paragraph (4)(a) until July 1.
92	Section 2.  Section 766.316, Florida Statutes, is amended
93	to read:
94	766.316  Notice to obstetrical patients of participation in
95	the plan.-Each hospital with a participating physician on its
96	staff and each participating physician, other than residents,
97	assistant residents, and interns deemed to be participating
98	physicians under s. 766.314(4)(b) 766.314(4)(c), under the
99	Florida Birth-Related Neurological Injury Compensation Plan
100	shall provide notice to the obstetrical patients as to the
101	limited no-fault alternative for birth-related neurological
102	injuries. Such notice shall be provided on forms furnished by
103	the association and shall include a clear and concise
104	explanation of a patient's rights and limitations under the
105	plan. The hospital or the participating physician may elect to
106	have the patient sign a form acknowledging receipt of the notice
107	form. Signature of the patient acknowledging receipt of the
108	notice form raises a rebuttable presumption that the notice
109	requirements of this section have been met. Notice need not be
110	given to a patient when the patient has an emergency medical
111	condition as defined in s. 395.002(8)(b) or when notice is not
112	practicable.
113	Section 3.  This act shall take effect July 1, 2012.

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