HOUSE AMENDMENT
                                        Bill No. HB 1867, 1st Eng.
    Amendment No. ___ (for drafter's use only)
                            CHAMBER ACTION
              Senate                               House
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 5                                           ORIGINAL STAMP BELOW
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11  Representative(s) Littlefield offered the following:
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13         Amendment (with title amendment) 
14         On page 3, line 27, of the bill
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16  insert:  
17         Section 1.  (1)  Subsection (3) is added to section
18  766.301, Florida Statutes, to read:
19         766.301  Legislative findings and intent.--
20         (3)  In order to maintain the actuarial soundness of
21  the compensation scheme for birth-related neurological
22  injuries as established in ss. 766.301-766.316, the
23  Legislature hereby clarifies its original intent with respect
24  to the distinction between the payment of actual expenses for
25  medical necessities, which is authorized in s. 766.31(1)(a),
26  and the award of up to $125,000 for the parents or legal
27  guardians of neurologically injured infants, which is
28  authorized in s. 766.31(1)(b). It has always been the intent
29  of the Legislature that the term "actual expenses," as used in
30  s. 766.31(1)(a), means only out-of-pocket, monetary
31  expenditures for the professionally rendered care of a
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    File original & 9 copies    05/02/01                          
    hbd0001                     04:05 pm         01867-0061-055255

HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. ___ (for drafter's use only) 1 neurologically injured infant, as opposed to payments for the 2 time spent by a parent or other family member in providing 3 care to an eligible infant, and that s. 766.31(1)(b) has been 4 and remains the exclusive source of funds for parents or legal 5 guardians irrespective of the time, activities, and services 6 they devote to the care and welfare of an eligible 7 neurologically injured infant. 8 (2)(a) The addition of subsection (3) to section 9 766.301, Florida Statutes, by this section shall take effect 10 upon this act becoming a law and shall apply to all claims 11 under the Florida Birth-Related Neurological Injury 12 Compensation Plan which date from the effective date of 13 chapter 88-1, Laws of Florida. 14 (b) The purpose of the addition of subsection (3) to 15 section 766.301, Florida Statutes, by this section is to 16 clarify legislative intent with respect to the term "actual 17 expenses" as used in paragraph (a) of subsection (1) of 18 section 766.31, Florida Statutes, and the term "award" as used 19 in paragraph (b) of subsection (1) of section 766.31, Florida 20 Statutes. 21 Section 2. (1) Paragraphs (a) and (b) of subsection 22 (1) of section 766.31, Florida Statutes, are amended to read: 23 766.31 Administrative law judge awards for 24 birth-related neurological injuries; notice of award.-- 25 (1) Upon determining that an infant has sustained a 26 birth-related neurological injury and that obstetrical 27 services were delivered by a participating physician at the 28 birth, the administrative law judge shall make an award 29 providing compensation for the following items relative to 30 such injury: 31 (a) Actual expenses for medically necessary and 2 File original & 9 copies 05/02/01 hbd0001 04:05 pm 01867-0061-055255
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. ___ (for drafter's use only) 1 reasonable medical and hospital costs for, habilitative and 2 training, nonfamilial residential, and custodial care and 3 service, for medically necessary drugs, special equipment, and 4 facilities, and for related travel. However, such expenses 5 shall not include: 6 1. Expenses for items or services that the infant has 7 received, or is entitled to receive, under the laws of any 8 state or the Federal Government, except to the extent such 9 exclusion may be prohibited by federal law. 10 2. Expenses for items or services that the infant has 11 received, or is contractually entitled to receive, from any 12 prepaid health plan, health maintenance organization, or other 13 private insuring entity. 14 3. Expenses for which the infant has received 15 reimbursement, or for which the infant is entitled to receive 16 reimbursement, under the laws of any state or the Federal 17 Government, except to the extent such exclusion may be 18 prohibited by federal law. 19 4. Expenses for which the infant has received 20 reimbursement, or for which the infant is contractually 21 entitled to receive reimbursement, pursuant to the provisions 22 of any health or sickness insurance policy or other private 23 insurance program. 24 5. Compensation for the time, services, or activities 25 performed by the parents or legal guardians of the infant. 26 27 Expenses included under this paragraph shall be limited to 28 reasonable charges prevailing in the same community for 29 similar treatment of injured persons when such treatment is 30 paid for by the injured person. 31 (b) Periodic payments of an award to the parents or 3 File original & 9 copies 05/02/01 hbd0001 04:05 pm 01867-0061-055255
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. ___ (for drafter's use only) 1 legal guardians of the infant found to have sustained a 2 birth-related neurological injury, which award shall not 3 exceed $125,000 $100,000. However, at the discretion of the 4 administrative law judge, such award may be made in a lump 5 sum. An award made under this paragraph shall be the exclusive 6 source of funds from the plan to the parents or legal 7 guardians of an eligible neurologically injured infant, and 8 compensation shall not be provided under any other provision 9 of the plan for the time, services, or activities performed by 10 the parents or legal guardians of the infant. 11 (2)(a) The amendment of paragraphs (a) and (b) of 12 subsection (1) of section 766.31, Florida Statutes, by this 13 section shall take effect upon this act becoming a law and 14 shall apply to all claims under the Florida Birth-Related 15 Neurological Injury Compensation Plan which date from the 16 effective date of chapter 88-1, Laws of Florida. 17 (b) The purpose of the amendment of paragraphs (a) and 18 (b) of subsection (1) of section 766.31, Florida Statutes, by 19 this section is to clarify legislative intent with respect to 20 the term "actual expenses" as used in paragraph (a) of 21 subsection (1) of section 766.31, Florida Statutes, and the 22 term "award" as used in paragraph (a) of subsection (1) of 23 section 766.31, Florida Statutes. 24 Section 3. (1) Subsection (2) of section 766.302, 25 Florida Statutes, is amended to read: 26 766.302 Definitions; ss. 766.301-766.316.--As used in 27 ss. 766.301-766.316, the term: 28 (2) "Birth-related neurological injury" means injury 29 to the brain or spinal cord of a live infant weighing at least 30 2,500 grams at birth, in the case of a single gestation, or a 31 live infant weighing at least 2,000 grams at birth, in the 4 File original & 9 copies 05/02/01 hbd0001 04:05 pm 01867-0061-055255
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. ___ (for drafter's use only) 1 case of a multiple gestation, caused by oxygen deprivation or 2 mechanical injury occurring in the course of labor, delivery, 3 or resuscitation in the immediate postdelivery period in a 4 hospital, which renders the infant permanently and 5 substantially mentally and physically impaired. This 6 definition shall apply to live births only and shall not 7 include disability or death caused by genetic or congenital 8 abnormality. 9 (2) The amendment of subsection (2) of section 10 766.302, Florida Statutes, by this section shall take effect 11 July 1, 2001, and shall apply to all births occurring on or 12 after that date. 13 Section 4. (1) Paragraph (b) of subsection (1) of 14 section 766.31, Florida Statutes, as amended by this act, is 15 amended to read: 16 766.31 Administrative law judge awards for 17 birth-related neurological injuries; notice of award.-- 18 (1) Upon determining that an infant has sustained a 19 birth-related neurological injury and that obstetrical 20 services were delivered by a participating physician at the 21 birth, the administrative law judge shall make an award 22 providing compensation for the following items relative to 23 such injury: 24 (b)1. Periodic payments of an award to the parents or 25 legal guardians of the infant found to have sustained a 26 birth-related neurological injury, which award shall not 27 exceed $125,000. However, at the discretion of the 28 administrative law judge, such award may be made in a lump 29 sum. An award made under this paragraph shall be the exclusive 30 source of funds from the plan to the parents or legal 31 guardians of an eligible neurologically injured infant, and 5 File original & 9 copies 05/02/01 hbd0001 04:05 pm 01867-0061-055255
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. ___ (for drafter's use only) 1 compensation shall not be provided under any other provision 2 of the plan for the time, services, or activities performed by 3 the parents or legal guardians of the infant. 4 2. Payment for funeral expenses not to exceed $1,500. 5 (2) The amendment of paragraph (b) of subsection (1) 6 of section 766.31, Florida Statutes, by this section shall 7 take effect July 1, 2001, and shall apply to all births 8 occurring on or after that date. 9 10 11 ================ T I T L E A M E N D M E N T =============== 12 And the title is amended as follows: 13 On page 1, line 3, after the semicolon 14 remove from the title of the bill: all of said line 15 16 and insert in lieu thereof: 17 amending s. 766.301, F.S.; providing additional 18 and clarifying legislative intent with respect 19 to expenses and awards for birth-related 20 neurologically injured infants; providing 21 applicability and purpose; amending s. 766.31, 22 F.S.; revising requirements as to what 23 constitutes actual expenses for which 24 compensation for birth-related neurological 25 injury may be awarded; increasing the cap on 26 periodic payments; authorizing certain 27 compensation for funeral expenses; providing 28 applicability and purpose; amending s. 766.302, 29 F.S.; revising the definition of "birth-related 30 neurological injury"; providing applicability; 31 6 File original & 9 copies 05/02/01 hbd0001 04:05 pm 01867-0061-055255