Florida Senate - 2012 SB 1588 By Senator Hays 20-00984B-12 20121588__ 1 A bill to be entitled 2 An act relating to compensation for personal injury or 3 wrongful death arising out of medical injury; amending 4 s. 456.013, F.S.; requiring the boards or the 5 Department of Health to require the completion of a 6 course relating to communication of medical errors; 7 providing a directive to the Division of Statutory 8 Revision to divide ch. 766, F.S., into parts; creating 9 part IV of ch. 766, F.S.; creating s. 766.401, F.S.; 10 providing a short title; creating s. 766.402, F.S.; 11 providing definitions; creating s. 766.403, F.S.; 12 providing legislative findings and intent; providing 13 that the remedy created in the part is an exclusive 14 remedy for personal injury or wrongful death arising 15 out of or related to a medical negligence claim; 16 creating s. 766.404, F.S.; creating the Patient 17 Compensation System; providing for a governing board; 18 providing for membership and terms of appointment; 19 providing for officers and meetings; limiting 20 compensation of members to certain expenses; providing 21 for an executive director and other staff; providing 22 for offices of medical review, compensation, and 23 quality improvement; providing for committees for 24 medical review and compensation and other purposes as 25 needed and providing their membership and terms; 26 providing requirements for damage payments; providing 27 for independent medical review panels and authorizing 28 a stipend for panelists; providing powers and duties 29 of the board, staff, committees, offices, and panels; 30 prohibiting certain conflicts of interest; requiring 31 rulemaking; creating s. 766.405, F.S.; providing a 32 process for filing applications; providing an 33 application filing period; creating s. 766.406, F.S.; 34 providing for disposition of applications; providing 35 for notice to providers and insurers; providing for 36 support of an application pursuant to expedited 37 medical review; providing for formal medical review 38 when there is no support of application; providing for 39 referral to law enforcement of an invalid application 40 determined to be fraudulent; providing for a 41 determination of compensation upon prima facie proof 42 of medical injury; providing that compensation for a 43 claim shall be offset by any past and future 44 collateral source payments; providing for payment of 45 compensation awards, including interest accruing on 46 unpaid awards; providing for determinations of 47 malpractice for purposes of a specified constitutional 48 provision; providing for notice of applications 49 determined to constitute medical injury for purposes 50 of professional discipline; creating s. 766.407, F.S.; 51 providing for review of appeals by an administrative 52 law judge; providing that determinations of the 53 administrative law judge are conclusive and binding; 54 providing for appeal of such determinations; creating 55 s. 766.408, F.S.; requiring annual contributions from 56 specified providers to provide administrative 57 expenses; providing maximum contribution rates; 58 specifying payment dates; providing for disciplinary 59 proceedings for failure to pay; providing for deposit 60 of funds; creating s. 766.409, F.S.; requiring an 61 annual report to the Governor and Legislature; 62 providing retroactive application; providing for 63 severability; providing an effective date. 64 65 Be It Enacted by the Legislature of the State of Florida: 66 67 Section 1. Subsection (7) of section 456.013, Florida 68 Statutes, is amended to read: 69 456.013 Department; general licensing provisions.— 70 (7) The boards, or the department when there is no board, 71 shall require the completion of a 2-hour course relating to 72 prevention and communication of medical errors as part of the 73 licensure and renewal process. The 2-hour course shall count 74 towards the total number of continuing education hours required 75 for the profession. The course shall be approved by the board or 76 department, as appropriate, and shall include a study of root 77 cause analysis, error reduction and prevention,andpatient 78 safety, and communication of medical errors to patients and 79 their families. In addition, the course approved by the Board of 80 Medicine and the Board of Osteopathic Medicine shall include 81 information relating to the five most misdiagnosed conditions 82 during the previous biennium, as determined by the board. If the 83 course is being offered by a facility licensed pursuant to 84 chapter 395 for its employees, the board may approve up to 1 85 hour of the 2-hour course to be specifically related to error 86 reduction and prevention methods used in that facility. 87 Section 2. The Division of Statutory Revision is directed 88 to designate sections 766.101 through 766.1185 of chapter 766, 89 Florida Statutes, as part I of that chapter, entitled 90 “Litigation Procedures”; sections 766.201 through 766.212 as 91 part II of that chapter, entitled “Voluntary Binding 92 Arbitration”; sections 766.301 through 766.316 as part III of 93 that chapter, entitled “Birth-Related Neurological Injuries”; 94 and sections 766.401 through 766.409, as created by this act, as 95 part IV of that chapter, entitled “Patient Compensation System.” 96 Section 3. Section 766.401, Florida Statutes, is created to 97 read: 98 766.401 Short title.—This part may be cited as the “Patient 99 Injury Act.” 100 Section 4. Section 766.402, Florida Statutes, is created to 101 read: 102 766.402 Definitions.—As used in this part, the term: 103 (1) “Applicant” means a person who files an application 104 under this part requesting the investigation of an alleged 105 occurrence of a medical injury. 106 (2) “Application” means a request for investigation by the 107 Patient Compensation System of an alleged occurrence of a 108 medical injury. 109 (3) “Board” means the Patient Compensation Board as created 110 in s. 766.404. 111 (4) “Collateral source” means any payment made to the 112 applicant, or made on his or her behalf, by or pursuant to: 113 (a) The federal Social Security Act; any federal, state, or 114 local income disability act; or any other public program 115 providing medical expenses, disability payments, or other 116 similar benefits, except as prohibited by federal law. 117 (b) Any health, sickness, or income disability insurance; 118 any automobile accident insurance that provides health benefits 119 or income disability coverage; and any other similar insurance 120 benefits, except life insurance benefits available to the 121 applicant, whether purchased by the applicant or provided by 122 others. 123 (c) Any contract or agreement of any group, organization, 124 partnership, or corporation to provide, pay for, or reimburse 125 the costs of hospital, medical, dental, or other health care 126 services. 127 (d) Any contractual or voluntary wage continuation plan 128 provided by employers or by any other system intended to provide 129 wages during a period of disability. 130 (5) “Committee” means, as the context requires, the Medical 131 Review Committee or the Compensation Committee. 132 (6) “Compensation schedule” means a schedule of damages for 133 medical injuries. 134 (7) “Department” means the Department of Health. 135 (8) “Independent medical review panel” or “panel” means a 136 multidisciplinary panel convened by the chief medical officer to 137 review each application. 138 (9) “Medical injury” means a personal injury or wrongful 139 death due to medical treatment, including a missed diagnosis, 140 which would have been avoided under the care of an experienced 141 specialist provider practicing in the same field of care under 142 the same circumstances or, for a general practitioner provider, 143 an experienced general practitioner provider practicing under 144 the same circumstances. Determination of the validity of a 145 medical injury may only include consideration of an alternate 146 course of treatment if the harm could have been avoided through 147 a different but equally effective manner with respect to the 148 treatment of the underlying condition. The term does not include 149 an injury or wrongful death: 150 (a) That is the consequence of a necessary procedure to 151 diagnose or treat an illness or an injury which, if left 152 untreated, would be directly life-threatening or lead to severe 153 disability; 154 (b) Caused by a drug, as defined in s. 499.003, unless the 155 injury or wrongful death is due to a prescription error or 156 administration error; or 157 (c) Caused by a device, as defined in s. 499.003. 158 (10) “Office” means, as the context requires, the Office of 159 Compensation, the Office of Medical Review, or the Office of 160 Quality Improvement. 161 (11) “Panelist” means a hospital administrator, a person 162 licensed under chapter 458, chapter 459, chapter 460, part I of 163 chapter 464, or chapter 466, or any other person involved in the 164 management of a health care facility as deemed by the board to 165 be appropriate. 166 (12) “Patient Compensation System” means the organization 167 created pursuant to s. 766.404. 168 (13) “Provider” means a birth center licensed under chapter 169 383; any facility licensed under chapter 390, chapter 395, 170 chapter 400, or chapter 429; a home health agency or nurse 171 registry licensed under part III of chapter 400; a health care 172 services pool registered under part IX of chapter 400; any 173 person licensed under s. 401.27 or chapter 457, chapter 458, 174 chapter 459, chapter 460, chapter 461, chapter 462, chapter 463, 175 chapter 464, chapter 465, chapter 466, chapter 467, part I, part 176 II, part III, part IV, part V, part X, part XIII, or part XIV of 177 chapter 468, chapter 478, part III of chapter 483, or chapter 178 486; a clinical lab licensed under part I of chapter 483; a 179 multiphasic health testing center licensed under part II of 180 chapter 483; a health maintenance organization certificated 181 under part I of chapter 641; a blood bank; a plasma center; an 182 industrial clinic; a renal dialysis facility; or a professional 183 association partnership, corporation, joint venture, or other 184 association for professional activity by health care providers. 185 Section 5. Section 766.403, Florida Statutes, is created to 186 read: 187 766.403 Legislative findings and intent; exclusive remedy.— 188 (1) LEGISLATIVE FINDINGS.— 189 (a) The Legislature finds that the lack of legal 190 representation, and, thus, compensation, for the vast majority 191 of patients with legitimate injuries is creating an access-to 192 courts crisis. 193 (b) The Legislature finds that seeking compensation through 194 medical malpractice litigation is a costly and protracted 195 process to the extent that legal counsel may afford to finance 196 only a small number of legitimate claims. 197 (c) The Legislature finds that, even for patients who are 198 able to obtain legal representation, the delay in obtaining 199 compensation is averaging approximately 5 years, creating a 200 significant hardship for patients and their caregivers who often 201 need access to immediate care and compensation. 202 (d) The Legislature finds that, because of continued 203 exposure to liability, an overwhelming majority of physicians 204 practice defensive medicine by ordering unnecessary tests and 205 procedures, increasing the cost of health care for individuals 206 covered by public and private health insurance coverage and 207 exposing patients to unnecessary clinical risks. 208 (e) The Legislature finds that a significant percentage of 209 physicians are continuing to retire from practice as a result of 210 the cost and risk of medical liability in this state. 211 (f) The Legislature finds that recruiting physicians to 212 this state and ensuring that physicians currently practicing in 213 this state continue their practice is an overwhelming public 214 necessity. 215 (2) LEGISLATIVE INTENT.— 216 (a) The Legislature intends to create an alternative to 217 medical malpractice litigation whereby patients are fairly and 218 expeditiously compensated for avoidable medical injuries. As 219 provided in this part, this alternative is intended to 220 significantly reduce the practice of defensive medicine, thereby 221 reducing health care costs, increasing the number of physicians 222 practicing in this state, and providing patients fair and timely 223 compensation without the expense and delay of the court system. 224 The Legislature intends that the provisions of this part apply 225 to all health care facilities and health care practitioners who 226 are either insured or self-insured against claims for medical 227 malpractice. 228 (b) The Legislature intends that an application filed under 229 this part does not constitute a claim for medical malpractice 230 and any action on such an application does not constitute a 231 judgment or adjudication for medical malpractice, and, 232 therefore, professional liability carriers are not obligated to 233 report such applications or actions on such applications to the 234 National Practitioner Data Bank. 235 (c) The Legislature intends that the definition of the term 236 “medical injury” be construed to encompass a broader range of 237 personal injuries as compared to a negligence standard, such 238 that a greater number of applications qualify for compensation 239 under this part as compared to claims filed under a negligence 240 standard. 241 (d) The Legislature intends that because the Patient 242 Compensation System has the primary duty to determine the 243 validity and compensation of each application, an insurer shall 244 not be subject to a statutory or common law bad faith cause of 245 action relating to an application filed under this part. 246 (3) EXCLUSIVE REMEDY.—With the exception of part III, the 247 rights and remedies granted by this part on account of a 248 personal injury or wrongful death exclude all other rights and 249 remedies of the applicant, his or her personal representative, 250 parents, dependents, and the next of kin, at common law or as 251 provided in general law, against any provider directly involved 252 in providing the medical treatment from which such injury or 253 death occurred, arising out of or related to a medical 254 negligence claim, whether in tort or in contract, with respect 255 to such injury. Notwithstanding any other law, this part applies 256 exclusively to applications submitted under this part. An 257 applicant whose injury falls within the scope of part III may 258 not file an application under this part. 259 Section 6. Section 766.404, Florida Statutes, is created to 260 read: 261 766.404 Patient Compensation System; board; committees.— 262 (1) PATIENT COMPENSATION SYSTEM.—The Patient Compensation 263 System is created and shall be administratively housed within 264 the department. The Patient Compensation System is a separate 265 budget entity that is responsible for its administrative 266 functions and is not subject to control, supervision, or 267 direction by the department in any manner. The Patient 268 Compensation System shall administer this part. 269 (2) PATIENT COMPENSATION BOARD.—The Patient Compensation 270 Board is established to govern the Patient Compensation System. 271 (a) Members.—The board shall be composed of 11 members who 272 represent the medical, legal, patient, and business communities 273 from diverse geographic areas throughout the state. Members of 274 the board shall be appointed as follows: 275 1. Five members shall be appointed by, and serve at the 276 pleasure of, the Governor, one of whom shall be an allopathic or 277 osteopathic physician who actively practices in this state, one 278 of whom shall be an executive in the business community, one of 279 whom shall be a hospital administrator, one of whom shall be a 280 certified public accountant who actively practices in this 281 state, and one of whom shall be a member of The Florida Bar. 282 2. Three members shall be appointed by, and serve at the 283 pleasure of, the President of the Senate, one of whom shall be 284 an allopathic or osteopathic physician who actively practices in 285 this state and one of whom shall be a patient advocate. 286 3. Three members shall be appointed by, and serve at the 287 pleasure of, the Speaker of the House of Representatives, one of 288 whom shall be an allopathic or osteopathic physician who 289 actively practices in this state and one of whom shall be a 290 patient advocate. 291 (b) Terms of appointment.—Each member shall be appointed 292 for a 4-year term. For the purpose of providing staggered terms, 293 of the initial appointments, the five members appointed by the 294 Governor shall be appointed to 2-year terms and the remaining 295 six members shall be appointed to 3-year terms. If a vacancy 296 occurs on the board before the expiration of a term, the 297 original appointing authority shall appoint a successor to serve 298 the unexpired portion of the term. 299 (c) Chair and vice chair.—The board shall annually elect 300 from its membership one member to serve as chair of the board 301 and one member to serve as vice chair. 302 (d) Meetings.—The first meeting of the board shall be held 303 no later than August 1, 2012. Thereafter, the board shall meet 304 at least quarterly upon the call of the chair. A majority of the 305 board members constitutes a quorum. Meetings may be held by 306 teleconference, webconference, or other electronic means. 307 (e) Compensation.—Members of the board and the committees 308 shall serve without compensation but may be reimbursed for per 309 diem and travel expenses for required attendance at board and 310 committee meetings in accordance with s. 112.061. 311 (f) Powers and duties of the board.—The board shall have 312 the following powers and duties: 313 1. Ensuring the operation of the Patient Compensation 314 System in accordance with applicable federal and state laws, 315 rules, and regulations. 316 2. Entering into contracts as necessary to administer this 317 part. 318 3. Employing an executive director and other staff as are 319 necessary to perform the functions of the Patient Compensation 320 System, except that the Governor shall appoint the initial 321 executive director. 322 4. Approving the hiring of a chief compensation officer and 323 a chief medical officer, as recommended by the executive 324 director. 325 5. Approving a schedule of compensation for medical 326 injuries, as recommended by the Compensation Committee. 327 6. Approving medical review panelists, as recommended by 328 the Medical Review Committee. 329 7. Approving an annual budget. 330 8. Annually approving provider contribution amounts. 331 (g) Powers and duties of staff.—The executive director 332 shall oversee the operation of the Patient Compensation System 333 in accordance with this part. The following staff shall report 334 directly to and serve at the pleasure of the executive director: 335 1. Advocacy director.—The advocacy director shall ensure 336 that each applicant is provided high quality individual 337 assistance throughout the application process, from initial 338 filing to disposition of the application. 339 2. Chief compensation officer.—The chief compensation 340 officer shall manage the Office of Compensation. The chief 341 compensation officer shall recommend to the Compensation 342 Committee a compensation schedule for each type of injury. The 343 chief compensation officer may not be a licensed physician or an 344 attorney. 345 3. Chief financial officer.—The chief financial officer 346 shall be responsible for overseeing the financial operations of 347 the Patient Compensation System, including the annual 348 development of a budget. 349 4. Chief legal officer.—The chief legal officer shall 350 represent the Patient Compensation System in all contested 351 applications, oversee the operation of the Patient Compensation 352 System to ensure compliance with established procedures, and 353 ensure adherence to all applicable federal and state laws, 354 rules, and regulations. 355 5. Chief medical officer.—The chief medical officer shall 356 be a physician licensed under chapter 458 or chapter 459 who 357 shall manage the Office of Medical Review. The chief medical 358 officer shall recommend to the Medical Review Committee a 359 qualified list of multidisciplinary panelists for independent 360 medical review panels. In addition, the chief medical officer 361 shall convene independent medical review panels as necessary to 362 review applications. 363 6. Chief quality officer.—The chief quality officer shall 364 manage the Office of Quality Improvement. 365 (3) OFFICES.—The following offices are established within 366 the Patient Compensation System: 367 (a) Office of Medical Review.—The chief medical officer 368 shall manage the Office of Medical Review. The Office of Medical 369 Review shall evaluate and, as necessary, investigate all 370 applications in accordance with this part. For the purpose of an 371 investigation of an application, the office may administer 372 oaths, take depositions, issue subpoenas, compel the attendance 373 of witnesses and the production of papers, documents, and other 374 evidence, and obtain patient records pursuant to the applicant’s 375 release of protected health information. 376 (b) Office of Compensation.—The chief compensation officer 377 shall manage the Office of Compensation. The office shall 378 allocate compensation for each application in accordance with 379 the compensation schedule. 380 (c) Office of Quality Improvement.—The chief quality 381 officer shall manage the Office of Quality Improvement. The 382 office shall regularly review applications data to conduct root 383 cause analyses and develop and disseminate best practices based 384 on such reviews. 385 (4) COMMITTEES.—The board shall create a Medical Review 386 Committee and a Compensation Committee. The board may create 387 additional committees as necessary to assist in the performance 388 of its duties and responsibilities. 389 (a) Members.—Each committee shall be composed of three 390 board members chosen by a majority vote of the board. 391 1. The Medical Review Committee shall be composed of two 392 physicians and a board member who is not an attorney. The board 393 shall designate a physician committee member as chair of the 394 committee. 395 2. The Compensation Committee shall be composed of a 396 certified public accountant and two board members who are not 397 physicians or attorneys. The certified public accountant shall 398 serve as chair of the committee. 399 (b) Terms of appointment.—Members of each committee shall 400 serve 2-year terms, within their respective terms as board 401 members. If a vacancy occurs on a committee, the board shall 402 appoint a successor to serve the unexpired portion of the term. 403 A committee member who is removed or resigns from the board 404 shall be removed from the committee. 405 (c) Chair and vice chair.—The board shall annually 406 designate a chair and vice chair of each committee in accordance 407 with this subsection. 408 (d) Meetings.—Each committee shall meet at least quarterly 409 or at the specific direction of the board. Meetings may be held 410 by teleconference, webconference, or other electronic means. 411 (e) Powers and duties.— 412 1. The Medical Review Committee shall recommend to the 413 board a comprehensive, multidisciplinary list of panelists who 414 shall serve on the independent medical review panels as needed. 415 2. The Compensation Committee shall, in consultation with 416 the chief compensation officer, recommend to the board a 417 compensation schedule. The initial compensation schedule shall 418 be formulated such that the aggregate cost of medical 419 malpractice and the aggregate of provider contributions are 420 equal to, or less than, the prior fiscal year aggregate cost of 421 medical malpractice. In addition, damage payments for each 422 injury shall be no less than the average indemnity payment 423 reported by the Physician Insurers Association of America or its 424 successor organization for like injuries with like severity. 425 Thereafter, the compensation schedule shall be annually reviewed 426 and, if necessary, revised to ensure that a projected increase 427 in the upcoming fiscal year aggregate cost of medical 428 malpractice, including insured and self-insured providers, does 429 not exceed the percentage change from the prior fiscal year in 430 the medical care component of the Consumer Price Index for All 431 Urban Consumers. Damage payments for each medical injury shall 432 be apportioned among multiple providers, if applicable, 433 conforming to historical apportionment among multiple providers 434 reported by the Physician Insurers Association of America or its 435 successor organization for like injuries with like severity. 436 (5) INDEPENDENT MEDICAL REVIEW PANELS.—The chief medical 437 officer shall convene an independent medical review panel to 438 evaluate whether an application constitutes medical injury. Each 439 panel shall be composed of an odd number of at least three 440 panelists chosen from the list of panelists recommended by the 441 Medical Review Committee and approved by the board, and shall be 442 convened upon the call of the chief medical officer. Each 443 panelist shall be paid a stipend as determined by the board for 444 his or her service. In order to expedite the review of 445 applications, the chief medical officer may, whenever 446 practicable, group related applications together for 447 consideration by a single panel. 448 (6) CONFLICTS OF INTEREST.—A board member, panelist, or 449 employee of the Patient Compensation System may not engage in 450 any conduct that constitutes a conflict of interest. For 451 purposes of this subsection, a conflict of interest exists in a 452 situation in which the private interest of a board member, 453 panelist, or employee could influence his or her judgment in the 454 performance of his or her duties under this part. A board 455 member, panelist, or employee must immediately disclose in 456 writing the presence of a conflict of interest when the board 457 member, panelist, or employee knows or should know that the 458 factual circumstances surrounding a particular application 459 constitute or constituted a conflict of interest. A board 460 member, panelist, or employee who violates this subsection is 461 subject to disciplinary action as determined by the board. A 462 conflict of interest includes, but is not limited to: 463 (a) Any conduct that would lead a reasonable person having 464 knowledge of all of the circumstances to conclude that a 465 panelist or employee is biased against or in favor of an 466 applicant. 467 (b) Participation in any application in which the board 468 member, panelist, or employee, or the parent, spouse, or child 469 of a board member, panelist, or employee, has a financial 470 interest. 471 (7) RULEMAKING.—The board shall adopt rules pursuant to ss. 472 120.536(1) and 120.54 to implement and administer this part, 473 which shall include rules addressing: 474 (a) The application process, including forms necessary to 475 collect relevant information from applicants. 476 (b) Disciplinary procedures for a board member, panelist, 477 or employee who violates the conflict-of-interest provisions of 478 this part. 479 (c) Stipends paid to panelists for their service on an 480 independent medical review panel, which stipends may be scaled 481 in accordance with the relative scarcity of the provider’s 482 specialty, if applicable. 483 Section 7. Section 766.405, Florida Statutes, is created to 484 read: 485 766.405 Filing of applications.— 486 (1) CONTENT.—In order to obtain compensation for medical 487 injury under this part, an applicant must file an application 488 with the Patient Compensation System. The advocacy director 489 shall assist each applicant in filing an application and shall 490 regularly provide status reports to the applicant regarding his 491 or her application. The application must include: 492 (a) The name and address of the applicant or his or her 493 representative and the basis of the representation. 494 (b) The name and address of any provider who provided 495 medical treatment allegedly resulting in the medical injury. 496 (c) A brief statement of the facts and circumstances 497 surrounding the personal injury or wrongful death that gave rise 498 to the application. 499 (d) An authorization for release to the Office of Medical 500 Review of all protected health information that is potentially 501 relevant to the application. 502 (e) Any other information that the applicant believes will 503 be beneficial to the investigatory process, including the names 504 of potential witnesses. 505 (f) Documentation of any applicable private or governmental 506 source of services or reimbursement relative to the personal 507 injury or wrongful death. 508 (2) INCOMPLETE APPLICATIONS.—If an application is not 509 complete, the Patient Compensation System shall, within 30 days 510 after the receipt of the initial application, notify the 511 applicant in writing of any errors or omissions. An applicant 512 shall have 30 days within which to correct the errors or 513 omissions in the initial application. 514 (3) LIMITATION ON APPLICATIONS.—Any application that is 515 filed more than 4 years after the personal injury or wrongful 516 death giving rise to the application is barred. 517 Section 8. Section 766.406, Florida Statutes, is created to 518 read: 519 766.406 Disposition of applications.— 520 (1) INITIAL MEDICAL REVIEW.—The Office of Medical Review 521 shall, within 10 days after receipt of a completed application, 522 determine whether the application, prima facie, constitutes a 523 medical injury. 524 (a) If the Office of Medical Review determines that the 525 application, prima facie, constitutes a medical injury, the 526 office shall immediately notify, by registered or certified 527 mail, each provider named in the application and, for providers 528 that are not self-insured, the insurer that provides coverage 529 for the provider. The notification shall inform the provider 530 that he or she may support the application to expedite the 531 processing of the application. A provider shall have 15 days 532 after the receipt of notification of an application to support 533 the application. If the provider supports the application, the 534 Office of Medical Review shall review the application in 535 accordance with subsection (2). 536 (b) If the Office of Medical Review determines that the 537 application does not, prima facie, constitute a medical injury, 538 the office shall send a rejection letter to the applicant by 539 registered or certified mail, which shall inform the applicant 540 of his or her right of appeal. The applicant shall have 15 days 541 after the receipt of the letter in which to appeal the 542 determination of the office pursuant to s. 766.407. 543 (2) EXPEDITED MEDICAL REVIEW.—An application that is 544 supported by a provider in accordance with subsection (1) shall 545 be reviewed by the Office of Medical Review, within 30 days 546 after notification of the provider’s support of the application, 547 to determine the validity of the application. If the Office of 548 Medical Review finds that the application is valid, the Office 549 of Compensation shall determine an award of compensation in 550 accordance with subsection (4). If the Office of Medical Review 551 finds that the application is not valid, the office shall 552 immediately notify the applicant of the rejection of the 553 application, and, in the case of fraud, the office shall 554 immediately notify relevant law enforcement authorities. 555 (3) FORMAL MEDICAL REVIEW.—If the Office of Medical Review 556 determines that the application, prima facie, constitutes a 557 medical injury, and the provider does not elect to support the 558 application, the office shall complete a thorough investigation 559 of the application within 60 days after the determination by the 560 office. Within 15 days after the completion of the 561 investigation, the chief medical officer shall allow the 562 applicant and the provider to access records, statements, and 563 other information obtained in the course of its investigation, 564 in accordance with relevant state and federal laws. Within 30 565 days after the completion of the investigation, an independent 566 medical review panel shall be convened to determine whether the 567 application constitutes a medical injury. The independent 568 medical review panel shall have access to all redacted 569 information obtained by the office in the course of its 570 investigation of the application, and shall conclude its 571 determination within 10 days after the convening of the panel. 572 The standard of review shall be a preponderance of the evidence. 573 (a) If the independent medical review panel determines that 574 the application constitutes a medical injury, the Office of 575 Medical Review shall immediately notify the provider by 576 registered or certified mail of the right to appeal the finding 577 of the office. The provider shall have 15 days after the receipt 578 of the letter in which to appeal the determination of the panel 579 pursuant to s. 766.407. 580 (b) If the independent medical review panel determines that 581 the application does not constitute a medical injury, the Office 582 of Medical Review shall send a rejection letter to the applicant 583 by registered or certified mail, which shall explain, in detail, 584 the reasons for the rejection of the application and the process 585 to appeal the determination of the panel. The applicant shall 586 have 15 days from the receipt of the letter to appeal the 587 determination of the panel pursuant to s. 766.407. 588 (4) COMPENSATION REVIEW.—If an independent medical review 589 panel finds that an application constitutes a medical injury 590 pursuant to subsection (3), and all appeals of that finding have 591 been exhausted by the provider pursuant to s. 766.407, the 592 Office of Compensation shall, within 30 days after either the 593 finding of the panel or the exhaustion of all appeals of that 594 finding, whichever occurs later, determine an award of 595 compensation in accordance with the compensation schedule and 596 the findings of the panel. The office shall, by registered or 597 certified mail, inform the applicant of the amount of 598 compensation and the process to appeal the determination of the 599 office. The applicant shall have 15 days after receipt of the 600 letter to appeal the determination of the office pursuant to s. 601 766.407. 602 (5) LIMITATION ON COMPENSATION.—Compensation for each 603 application shall be offset by any past and future collateral 604 source payments and shall be paid by periodic payments. 605 (6) PAYMENT OF COMPENSATION.—Within 14 days after either 606 the acceptance of compensation by the applicant or the 607 conclusion of all appeals pursuant to s. 766.407, the provider, 608 or for a provider who has insurance coverage, the insurer, shall 609 pay the compensation award. Beginning 45 days after the 610 acceptance of compensation by the applicant or the conclusion of 611 all appeals pursuant to s. 766.407, whichever occurs later, an 612 unpaid award shall begin to accrue interest at the rate of 18 613 percent per year. An applicant may petition the circuit court 614 for enforcement of an award under this part. 615 (7) DETERMINATION OF MEDICAL MALPRACTICE.—For purposes of 616 s. 26, Art. X of the State Constitution, a physician who is the 617 subject of an application under this part must be found to have 618 committed medical malpractice only upon a specific finding of 619 the Board of Medicine or Board of Osteopathic Medicine, as 620 applicable, in accordance with s. 456.50. 621 (8) PROFESSIONAL BOARD NOTICE.—The Patient Compensation 622 System shall provide the department with electronic access to 623 applications determined to constitute a medical injury related 624 to persons licensed under chapter 458, chapter 459, chapter 460, 625 part I of chapter 464, or chapter 466. The department shall 626 review such applications to determine whether any of the 627 incidents that resulted in the application potentially involved 628 conduct by the licensee that is subject to disciplinary action, 629 in which case s. 456.073 applies. 630 Section 9. Section 766.407, Florida Statutes, is created to 631 read: 632 766.407 Review by administrative law judge; appellate 633 review.— 634 (1) An administrative law judge shall hear and determine 635 appeals filed pursuant to s. 766.406 and shall exercise the full 636 power and authority granted to him or her in chapter 120, as 637 necessary, to carry out the purposes of such sections. The 638 administrative law judge shall be limited in his or her review 639 to determining whether the Office of Medical Review, the 640 independent medical review panel, or the Office of Compensation, 641 as appropriate, has faithfully followed the requirements of this 642 part and rules adopted thereunder in reviewing applications. If 643 the administrative law judge determines that such requirements 644 were not followed in reviewing an application, he or she shall 645 require the chief medical officer to reconvene the original 646 panel or convene a new panel or require the Office of 647 Compensation to redetermine the compensation amount in 648 accordance with the determination by the judge. 649 (2) A determination by an administrative law judge under 650 this section regarding the faithful following of the 651 requirements of this part and rules adopted thereunder shall be 652 conclusive and binding as to all questions of fact. Such 653 determination with findings of fact and conclusions of law shall 654 be provided to the applicant and the provider. An applicant or 655 provider may appeal the determination of the administrative law 656 judge to a district court of appeal. Appeals shall be filed in 657 accordance with rules of procedure adopted by the Supreme Court 658 for the review of such orders. 659 Section 10. Section 766.408, Florida Statutes, is created 660 to read: 661 766.408 Expenses of administration.— 662 (1) The board shall annually determine a contribution to be 663 paid by each provider for the expense of the administration of 664 this part. The contribution amount shall be determined by 665 January 1 of each year and shall be based on the anticipated 666 expenses of the administration of this part for the next state 667 fiscal year. 668 (2) The contribution rate may not exceed the following 669 amounts: 670 (a) For an individual licensed under s. 401.27, a 671 chiropractic assistant licensed under chapter 460, or an 672 individual licensed under chapter 461, chapter 462, chapter 463, 673 chapter 464, with the exception of a certified registered nurse 674 anesthetist, chapter 465, chapter 466, chapter 467, part I, part 675 II, part III, part IV, part V, part X, part XIII, or part XIV of 676 chapter 468, chapter 478, part III of chapter 483, or chapter 677 486, $100 per licensee. 678 (b) For an anesthesiology assistant or physician assistant 679 licensed under chapter 458 or chapter 459 or a certified 680 registered nurse anesthetist certified under part I of chapter 681 464, $250 per licensee. 682 (c) For a physician licensed under chapter 458, chapter 683 459, or chapter 460, $600 per licensee. The contribution for the 684 initial fiscal year for a licensee described in this paragraph 685 shall be $500 per licensee. 686 (d) For a facility licensed under part II of chapter 400 or 687 a facility licensed under part I of chapter 429, $100 per bed. 688 (e) For a facility licensed under chapter 395, $200 per 689 bed. The contribution for the initial fiscal year shall be $100 690 per bed. 691 (f) For any other provider not otherwise described in this 692 subsection, $2,500 per registrant or licensee. 693 (3) The contribution determined under this section is 694 payable by each provider upon notice delivered on or after July 695 1 of the next state fiscal year. Each provider shall pay the 696 contribution amount within 30 days after the date that notice is 697 delivered to the provider. If any provider fails to pay the 698 contribution determined under this section within 30 days after 699 such notice, the board shall notify the provider by certified or 700 registered mail that the provider’s license shall be subject to 701 revocation if the contribution is not paid within 60 days after 702 the date of the original notice. 703 (4) A provider who fails to pay the contribution amount 704 determined under this section within 60 days after receipt of 705 the original notice is subject to licensure revocation action by 706 the department, the Agency for Health Care Administration, or 707 the relevant regulatory board, as appropriate. 708 (5) All amounts collected under this section shall be paid 709 into the Patient Compensation Trust Fund established in s. 710 766.410. 711 Section 11. Section 766.409, Florida Statutes, is created 712 to read: 713 766.409 Annual report.—The board shall annually, by October 714 1, submit to the Governor, the President of the Senate, and the 715 Speaker of the House of Representatives a report that describes 716 the filing and disposition of applications in the prior fiscal 717 year. The report shall include, in the aggregate, the number of 718 applications, the disposition of such applications, and the 719 compensation awarded. 720 Section 12. It is the intent of the Legislature to apply 721 this act to prior medical incidents for which a notice of intent 722 to initiate litigation has not been mailed before the effective 723 date of this act. 724 Section 13. If any provision of this act or its application 725 to any person or circumstance is held invalid, the invalidity 726 does not affect other provisions or applications of the act 727 which may be given effect without the invalid provision or 728 application, and to this end the provisions of this act are 729 severable. 730 Section 14. This act shall take effect upon becoming a law.