Florida Senate - 2021 COMMITTEE AMENDMENT
Bill No. CS for SB 1786
Ì559616@Î559616
LEGISLATIVE ACTION
Senate . House
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The Committee on Appropriations (Book) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Before line 14
4 insert:
5 Section 1. Subsection (2) of section 766.301, Florida
6 Statutes, is amended to read:
7 766.301 Legislative findings and intent.—
8 (2) It is the intent of the Legislature to provide
9 compensation, on a no-fault basis, for a limited class of
10 catastrophic injuries that result in unusually high costs for
11 custodial care and rehabilitation. This plan shall apply only to
12 birth-related neurological injuries and is not intended to serve
13 as the payor of last resort for claims arising out of such
14 injuries. It is not the intent of the Legislature to shield
15 physicians who engage in willful misconduct, gross negligence,
16 or recklessness or to preclude individuals from filing
17 legitimate claims of medical malpractice against such
18 physicians.
19 Section 2. Subsection (5) of section 766.305, Florida
20 Statutes, is amended to read:
21 766.305 Filing of claims and responses; medical
22 disciplinary review.—
23 (5) Upon receipt of such petition, the Division of Medical
24 Quality Assurance shall review the information therein and
25 determine whether it involved conduct by a physician licensed
26 under chapter 458 or an osteopathic physician licensed under
27 chapter 459 which that is subject to disciplinary action. If a
28 physician is involved in more than one filed claim, the division
29 also must review the circumstances of all such claims together
30 to determine whether the physician’s conduct establishes a
31 pattern of practice subject to disciplinary action. Section
32 456.073 applies in such cases, in which case the provisions of
33 s. 456.073 shall apply.
34 Section 3. Section 766.313, Florida Statutes, is amended to
35 read:
36 766.313 Limitation on claim.—Any claim for compensation
37 under ss. 766.301-766.316 which that is filed more than 8 5
38 years after the birth of an infant alleged to have a birth
39 related neurological injury is shall be barred.
40 Section 4. Section 766.3135, Florida Statutes, is created
41 to read:
42 766.3135 Plan services.—
43 (1) Pursuant to an award under s. 766.31(1), the
44 association is responsible for reimbursement of actual expenses
45 for medically necessary and reasonable services for the injured
46 child under the plan. The plan is not intended to serve as the
47 payor of last resort and the association may not hold itself out
48 as such. The association must reimburse the parent or legal
49 guardian of the child for any service, drug, equipment, or
50 treatment at a reasonable rate if he or she submits a letter of
51 medical necessity from the child’s physician or other treating
52 health care provider for such service, drug, equipment, or
53 treatment. The association may establish an independent review
54 process that uses medical experts to review such requests after
55 reimbursement to determine whether the physician’s or health
56 care provider’s determination of medical necessity was
57 reasonable. If the medical experts find that such determination
58 was not reasonable, the association may ask the parent or legal
59 guardian to provide a letter of medical necessity from a second
60 health care provider. If provided, the association may not take
61 further action. If the parent or legal guardian is unable to
62 provide a second letter, the association may debit the
63 reimbursement from future reimbursements.
64 (2) Parents or legal guardians of the child are eligible
65 for reimbursement of expenses for any of the following, at a
66 minimum:
67 (a) Medical, dental, and hospital care; habilitative
68 services and training; mental health services; music or art
69 therapy; family residential or custodial care; and professional
70 residential and custodial care and services. Reimbursement for
71 private nursing staff or attendant care under this paragraph
72 must be provided at a rate at least equal to the state or
73 federal minimum wage, whichever is greater, and must be
74 reimbursed at the same rate regardless of the setting in which
75 the care is provided.
76 (b) Medically necessary drugs, special equipment, and
77 facilities.
78 (c) Family support services for immediate family members
79 living with the child, including, but not limited to, mental
80 health services.
81 (d) Travel expenses related to the child’s care. The
82 association may not limit the amount or type of travel which may
83 be reimbursed or differentiate reimbursement rates based on the
84 purpose of such travel, provided that it is related to the
85 child’s care.
86 (e) Entertainment and other promotion of the child’s
87 wellbeing. The parents or legal guardians of a child are
88 entitled to a reimbursement of at least $1,500 per year under
89 this paragraph.
90 (f) Nutrition and hygiene needs of the child. The
91 association may not limit reimbursement for diapers, baby food,
92 or formula if such items are appropriate for the child's age or
93 developmental stage.
94 (3) The association is also responsible for the following:
95 (a) Providing ongoing transportation assistance for the
96 life of the child. The association must provide parents or legal
97 guardians with a reliable method of transportation for the care
98 of the child or reimburse them the cost of upgrading an existing
99 vehicle to accommodate the child’s needs. The mode of
100 transportation must take into account the special accommodations
101 required for the specific child. The association may not limit
102 such transportation assistance based on the child’s age or
103 weight.
104 (b) Providing ongoing housing assistance for the life of
105 the child. Such assistance includes, but is not limited to:
106 1. Payment assistance for rent and utilities to cover the
107 cost of any increase due to the accommodation of the child’s
108 condition and medical needs.
109 2. Reimbursement of moving costs.
110 3. Payment assistance for home construction costs up to
111 $100,000.
112 (c) Establishing an online network portal for parents and
113 legal guardians of children under the plan to support one
114 another and exchange information and resources. Access to the
115 online network must be provided at no cost to the parents and
116 legal guardians.
117 Section 5. Paragraph (a) of subsection (5) of section
118 766.314, Florida Statutes, is amended to read:
119 766.314 Assessments; plan of operation.—
120 (5)(a) Beginning January 1, 1990, the persons and entities
121 listed in paragraphs (4)(b) and (c), except those persons or
122 entities who are specifically excluded from said provisions, as
123 of the date determined in accordance with the plan of operation,
124 taking into account persons licensed subsequent to the payment
125 of the initial assessment, shall pay an annual assessment in the
126 amount equal to the initial assessments provided in paragraphs
127 (4)(b) and (c). If payment of the annual assessment by a
128 physician is received by the association by January 31 of any
129 calendar year, the physician shall qualify as a participating
130 physician for that entire calendar year. If the payment is
131 received after January 31 of any calendar year, the physician
132 shall qualify as a participating physician for that calendar
133 year only from the date the payment was received by the
134 association. Beginning on January 1, 2022, and on each January 1
135 thereafter, the annual assessment shall increase by 3 percent.
136 On January 1, 1991, and on each January 1 thereafter, the
137 association shall determine the amount of additional assessments
138 necessary pursuant to subsection (7), in the manner required by
139 the plan of operation, subject to any increase determined to be
140 necessary by the Office of Insurance Regulation pursuant to
141 paragraph (7)(b). On July 1, 1991, and on each July 1
142 thereafter, the persons and entities listed in paragraphs (4)(b)
143 and (c), except those persons or entities who are specifically
144 excluded from said provisions, shall pay the additional
145 assessments which were determined on January 1. Beginning
146 January 1, 1990, the entities listed in paragraph (4)(a),
147 including those licensed on or after October 1, 1988, shall pay
148 an annual assessment of $50 per infant delivered during the
149 prior calendar year. The additional assessments which were
150 determined on January 1, 1991, pursuant to the provisions of
151 subsection (7) are shall not be due and payable by the entities
152 listed in paragraph (4)(a) until July 1.
153
154 ================= T I T L E A M E N D M E N T ================
155 And the title is amended as follows:
156 Delete line 3
157 and insert:
158 neurological injuries; amending s. 766.301, F.S.;
159 revising legislative intent; amending s. 766.305,
160 F.S.; requiring the Division of Medical Quality
161 Assurance of the Department of Health to review all
162 claims under the Florida Birth-Related Neurological
163 Injury Compensation Plan involving a particular
164 physician together when making certain determinations;
165 amending s. 766.313, F.S.; revising the timeframe
166 within which birth-related neurological injury
167 compensation claims must be filed; creating s.
168 766.3135, F.S.; providing that the Florida Birth
169 Related Neurological Injury Compensation Association
170 is responsible for reimbursing parents and legal
171 guardians for actual expenses for medically necessary
172 and reasonable services for the injured child;
173 prohibiting the association from holding itself out as
174 the payor of last resort for services under the plan;
175 requiring the association to reimburse parents and
176 legal guardians for services, drugs, equipment, or
177 treatment if they provide a certain letter of medical
178 necessity; authorizing the association to establish a
179 certain review process for such reimbursements;
180 specifying expenses for which parents and legal
181 guardians are eligible to receive reimbursement;
182 providing duties for the association; amending s.
183 766.314, F.S.; beginning on a specified date,
184 requiring the annual assessments imposed on physicians
185 and certain entities participating in the plan to be
186 increased by a certain percentage annually; amending
187 s. 766.31, F.S.;