Florida Senate - 2021                             CS for SB 1786
       
       
        
       By the Committee on Health Policy; and Senators Burgess and Book
       
       
       
       
       
       588-03320-21                                          20211786c1
    1                        A bill to be entitled                      
    2         An act relating to payments for birth-related
    3         neurological injuries; amending s. 766.31, F.S.;
    4         increasing the amount that may be awarded to the
    5         parents or legal guardians of an infant found to have
    6         sustained a birth-related neurological injury;
    7         requiring that such amount be revised annually;
    8         increasing the amount of the death benefit that may be
    9         awarded; providing for retroactive application;
   10         providing an effective date.
   11          
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Paragraph (b) of subsection (1) of section
   15  766.31, Florida Statutes, is amended to read:
   16         766.31 Administrative law judge awards for birth-related
   17  neurological injuries; notice of award.—
   18         (1) Upon determining that an infant has sustained a birth
   19  related neurological injury and that obstetrical services were
   20  delivered by a participating physician at the birth, the
   21  administrative law judge shall make an award providing
   22  compensation for the following items relative to such injury:
   23         (b)1. Periodic payments of an award to the parents or legal
   24  guardians of the infant found to have sustained a birth-related
   25  neurological injury, which award may shall not exceed $100,000.
   26  However, at the discretion of the administrative law judge, such
   27  award may be made in a lump sum. Beginning on January 1, 2021,
   28  the award may not exceed $250,000, and each January 1 thereafter
   29  the award authorized under this paragraph shall increase by 3
   30  percent.
   31         2. Death benefit for the infant in an amount of $50,000
   32  $10,000.
   33         Section 2. The amendments made to s. 766.31, Florida
   34  Statutes, by this act apply to claims filed under s. 766.305,
   35  Florida Statutes, on or after January 1, 2021.
   36         Section 3. This act shall take effect July 1, 2021.