HB 0539 2003
1	A bill to be entitled
2	An act relating to assessments for the Florida Birth-
3	Related Neurological Injury Compensation Plan; amending s.
4	766.314, F.S.; providing that assessments shall not be
5	required for children born in a family practice teaching
6	hospital; updating terminology; providing for retroactive
7	application; providing an effective date.
8
9	Be It Enacted by the Legislature of the State of Florida:
10
11	Section 1. Paragraph (a) of subsection (4) of section
12	766.314, Florida Statutes, is amended, and subsection (7) of
13	said section is reenacted for the purpose of incorporating a
14	reference to subsection (4) of said section, to read:
15	766.314 Assessments; plan of operation.--
16	(4) The following persons and entities shall pay into the
17	association an initial assessment in accordance with the plan of
18	operation:
19	(a) On or before October 1, 1988, each hospital licensed
20	under chapter 395 shall pay an initial assessment of $50 per
21	infant delivered in the hospital during the prior calendar year,
22	as reported to the Agency for Health Care Administration;
23	provided, however, that a hospital owned or operated by the
24	state or a county, special taxing district, or other political
25	subdivision of the state shall not be required to pay the
26	initial assessment or any assessment required by subsection (5).
27	The term "infant delivered" includes live births and not
28	stillbirths, but the term does not include infants delivered by
29	employees or agents of the former Board of Regents, the Board of
30	Governors, or the board of trustees of a state universityor
31	those born in a teaching hospital as defined in s. 408.07 or a
32	family practice teaching hospital as defined in s. 395.806. The
33	initial assessment and any assessment imposed pursuant to
34	subsection (5) may not include any infant born to a charity
35	patient (as defined by rule of the Agency for Health Care
36	Administration) or born to a patient for whom the hospital
37	receives Medicaid reimbursement, if the sum of the annual
38	charges for charity patients plus the annual Medicaid
39	contractuals of the hospital exceeds 10 percent of the total
40	annual gross operating revenues of the hospital. The hospital is
41	responsible for documenting, to the satisfaction of the
42	association, the exclusion of any birth from the computation of
43	the assessment. Upon demonstration of financial need by a
44	hospital, the association may provide for installment payments
45	of assessments.
46	(7)(a) The Department of Insurance shall undertake an
47	actuarial investigation of the requirements of the plan based on
48	the plan's experience in the first year of operation and any
49	additional relevant information, including without limitation
50	the assets and liabilities of the plan. Pursuant to such
51	investigation, the Department of Insurance shall establish the
52	rate of contribution of the entities listed in paragraph (5)(c)
53	for the tax year beginning January 1, 1990. Following the
54	initial valuation, the Department of Insurance shall cause an
55	actuarial valuation to be made of the assets and liabilities of
56	the plan no less frequently than biennially. Pursuant to the
57	results of such valuations, the Department of Insurance shall
58	prepare a statement as to the contribution rate applicable to
59	the entities listed in paragraph (5)(c). However, at no time
60	shall the rate be greater than 0.25 percent of net direct
61	premiums written.
62	(b) If the Department of Insurance finds that the plan
63	cannot be maintained on an actuarially sound basis based on the
64	assessments and appropriations listed in subsections (4) and
65	(5), the department shall increase the assessments specified in
66	subsection (4) on a proportional basis as needed.
67	Section 2. This act shall take effect upon becoming a law
68	and those provisions eliminating assessments for children born
69	in a family practice teaching hospital shall be given
70	retroactive application to July 1, 1997.