Florida Senate - 2013                                     SB 470
       
       
       
       By Senator Altman
       
       
       
       
       16-00547-13                                            2013470__
    1                        A bill to be entitled                      
    2         An act relating to the Florida Birth-Related
    3         Neurological Injury Compensation Association; amending
    4         s. 766.303, F.S.; requiring the association to
    5         administer the Florida Birth-Related Neurological
    6         Injury Compensation Plan in a manner that promotes and
    7         protects the interests of children who have birth
    8         related neurological injuries; amending s. 766.315,
    9         F.S.; revising the membership of the association
   10         board; revising the process for recommending new
   11         directors; authorizing the Governor or the Chief
   12         Financial Officer to remove a director from office for
   13         specified reasons; revising the powers of the
   14         directors; providing that meetings of the board of
   15         directors are subject to public meetings requirements;
   16         providing an effective date.
   17  
   18  Be It Enacted by the Legislature of the State of Florida:
   19  
   20         Section 1. Subsection (1) of section 766.303, Florida
   21  Statutes, is amended to read:
   22         766.303 Florida Birth-Related Neurological Injury
   23  Compensation Plan; exclusiveness of remedy.—
   24         (1) There is established The Florida Birth-Related
   25  Neurological Injury Compensation Plan is established for the
   26  purpose of providing compensation, irrespective of fault, for
   27  birth-related neurological injury claims. The Such plan applies
   28  shall apply to births occurring on or after January 1, 1989, and
   29  shall be administered by the Florida Birth-Related Neurological
   30  Injury Compensation Association. The association shall
   31  administer the plan in a manner that promotes and protects the
   32  health and best interests of children who have birth-related
   33  neurological injuries.
   34         Section 2. Section 766.315, Florida Statutes, is amended to
   35  read:
   36         766.315 Florida Birth-Related Neurological Injury
   37  Compensation Association; board of directors.—
   38         (1)(a) The Florida Birth-Related Neurological Injury
   39  Compensation Plan shall be governed by a board of seven five
   40  directors which shall be known as the Florida Birth-Related
   41  Neurological Injury Compensation Association. The association is
   42  not a state agency, board, or commission. Notwithstanding the
   43  provision of s. 15.03, the association may is authorized to use
   44  the state seal.
   45         (a)(b) The directors shall be appointed for staggered terms
   46  of 3 years or until their successors are appointed and have
   47  qualified.
   48         (b)(c) The directors shall be appointed by the Chief
   49  Financial Officer as follows:
   50         1. One citizen representative who is not affiliated with
   51  any of the groups identified in subparagraphs 2.-7.
   52         2. One representative of participating physicians.
   53         3. One representative of hospitals.
   54         4. One representative of casualty insurers.
   55         5. One representative of physicians other than
   56  participating physicians.
   57         6. One parent or guardian of a child, living or deceased,
   58  who is or was a beneficiary of the plan.
   59         7. One member in good standing of The Florida Bar who is
   60  not affiliated with any of the groups identified in
   61  subparagraphs 2.-6., and who has experience advocating on behalf
   62  of children who have been injured in a health care setting.
   63         (2)(a) The Chief Financial Officer may select the
   64  representative of the participating physicians from a list of at
   65  least three names to be recommended by the Florida Obstetric and
   66  Gynecologic Society; the representative of hospitals from a list
   67  of at least three names to be recommended by the Florida
   68  Hospital Association; the representative of casualty insurers
   69  from a list of at least three names, one of which is recommended
   70  by the American Insurance Association, one by the Alliance of
   71  American Insurers, and one by the National Association of
   72  Independent Insurers; and the representative of physicians other
   73  than participating physicians from a list of three names to be
   74  recommended by the Florida Medical Association and a list of
   75  three names to be recommended by the Florida Osteopathic Medical
   76  Association; the parent or guardian of a child from a list of
   77  three names to be recommended by the Governor; and the member of
   78  The Florida Bar from a list of three names to be recommended by
   79  the president of The Florida Bar. In no case shall The Chief
   80  Financial Officer is not required be bound to make any
   81  appointment from among the nominees of such respective
   82  associations or persons.
   83         (a)(b)Upon the occurrence of a vacancy, the Chief
   84  Financial Officer shall promptly contact notify the appropriate
   85  medical association or person to request recommendations upon
   86  the occurrence of any vacancy, and like nominations may be made
   87  for the filling of the vacancy.
   88         (b) The Governor or Chief Financial Officer may remove a
   89  director from the board for misconduct, malfeasance,
   90  misfeasance, or neglect of duty while in office. Any vacancy so
   91  created shall be filled as provided in this subsection.
   92         (3) The directors may shall not transact any business or
   93  exercise any power of the plan except upon the affirmative vote
   94  of four three directors. The directors shall serve without
   95  salary, but are entitled to receive reimbursement each director
   96  shall be reimbursed for actual and necessary expenses incurred
   97  in the performance of his or her official duties as directors a
   98  director of the plan in accordance with s. 112.061. The
   99  directors are shall not be subject to any liability with respect
  100  to the administration of the plan.
  101         (4) The board of directors shall have the power to:
  102         (a) Administer the plan.
  103         (b) Administer the funds collected on behalf of the plan.
  104         (c) Administer the payment of claims on behalf of the plan.
  105         (d) Direct the investment and reinvestment of any surplus
  106  funds over losses and expenses if, provided that any investment
  107  income generated thereby remains credited to the plan.
  108         (e) Reinsure the risks of the plan in whole or in part.
  109         (f) Sue and be sued, and appear and defend, in all actions
  110  and proceedings in its name to the same extent as a natural
  111  person.
  112         (g) Have and exercise all powers necessary or convenient to
  113  effect any or all of the purposes for which the plan is created.
  114         (h) Enter into such contracts as are necessary or proper to
  115  administer the plan.
  116         (i) Employ or retain such persons as are necessary to
  117  perform the administrative and financial transactions and
  118  responsibilities of the plan and to perform other necessary and
  119  proper functions not prohibited by law.
  120         (j) Take such legal action as may be necessary to avoid
  121  payment of improper claims.
  122         (k) Indemnify an any employee, agent, member or alternate
  123  member of the board of directors or alternate thereof, or other
  124  person acting on behalf of the plan in an official capacity, for
  125  expenses, including attorney attorney’s fees, judgments, fines,
  126  and amounts paid in settlement actually and reasonably incurred
  127  in connection with any action, suit, or proceeding, including
  128  appeals any appeal thereof, arising out of such person’s
  129  capacity to act acting on behalf of the plan if; provided that
  130  such person acted in good faith and in a manner he or she
  131  reasonably believed to be in, or not opposed to, the best
  132  interests of the plan and the health and best interest of the
  133  child who has birth-related neurological injuries, and if
  134  provided that, with respect to any criminal action or
  135  proceeding, he or she the person had reasonable cause to believe
  136  that his or her conduct was lawful.
  137         (5)(a) Money may be withdrawn on account of the plan only
  138  upon a voucher as authorized by the association.
  139         (b) All meetings of the board of directors are subject to
  140  s. 286.011, and all books, records, and audits of the plan are
  141  open to the public for reasonable inspection to the general
  142  public, except that a claim file in the possession of the
  143  association or its representative is confidential and exempt
  144  from the provisions of s. 119.07(1) and s. 24(a), Art. I of the
  145  State Constitution until termination of litigation or settlement
  146  of the claim, although medical records and other portions of the
  147  claim file may remain confidential and exempt as otherwise
  148  provided by law. Any book, record, document, audit, or asset
  149  acquired by, prepared for, or paid for by the association is
  150  subject to the authority of the board of directors, which is
  151  responsible therefor.
  152         (c) Each person authorized to receive deposits, issue
  153  vouchers, or withdraw or otherwise disburse any funds shall post
  154  a blanket fidelity bond in an amount reasonably sufficient to
  155  protect plan assets, as determined by the plan of operation. The
  156  cost of such bond must will be paid from the assets of the plan.
  157         (d) Annually, the association shall furnish audited
  158  financial reports to a any plan participant upon request, to the
  159  Office of Insurance Regulation of the Financial Services
  160  Commission, and to the Joint Legislative Auditing Committee. The
  161  reports must be prepared in accordance with accepted accounting
  162  procedures and must include such information as may be required
  163  by the Office of Insurance Regulation or the Joint Legislative
  164  Auditing Committee. At any time determined to be necessary, the
  165  Office of Insurance Regulation or the Joint Legislative Auditing
  166  Committee may conduct an audit of the plan.
  167         (e) Funds held on behalf of the plan are funds of the State
  168  of Florida. The association may only invest plan funds only in
  169  the investments and securities described in s. 215.47, and is
  170  shall be subject to the limitations on investments contained in
  171  that section. All income derived from such investments must will
  172  be credited to the plan. The State Board of Administration may
  173  invest and reinvest funds held on behalf of the plan in
  174  accordance with the trust agreement approved by the association
  175  and the State Board of Administration and within the provisions
  176  of ss. 215.44-215.53.
  177         Section 3. This act shall take effect July 1, 2013.