The bill CS/HB 1291 amends various sections of Florida Statutes concerning the Florida Birth-Related Neurological Injury Compensation Association, with a primary focus on enhancing the compensation process for individuals affected by birth-related neurological injuries. Key changes include the introduction of new definitions such as "actuarially sound" and "risk margin," and the requirement for parents or legal guardians to obtain private health insurance or apply for Medicare after receiving a final compensation order. The bill also revises eligibility criteria for compensation, ensuring coverage for actual expenses like major medical health coverage and custodial care, while mandating the association to maintain a plan of operation that includes fraud prevention measures and quarterly financial assessments.
Additionally, the bill modifies the language used throughout the text, replacing "parents or legal guardians" with "members" and "child" with "participant," to promote inclusivity. It introduces provisions for transportation and housing assistance for participants, as well as clarifying the responsibilities of hospitals and physicians in funding the compensation plan. The bill also establishes a framework for reimbursement of medical expenses and periodic payments to family members of participants, with an annual increase in maximum award amounts. Furthermore, it alters the composition of the association's board of directors to include a family member of a participant, aiming to improve representation and support for affected families. The bill is set to take effect on July 1, 2026.
Statutes affected: H 1291 Filed: 409.910, 766.302, 766.303, 766.309, 766.31, 766.314, 766.315
H 1291 c1: 409.910, 766.302, 766.303, 766.309, 766.31, 766.314, 766.315