Florida Senate - 2021 SENATOR AMENDMENT
Bill No. CS/CS/SB 1786, 1st Eng.
Ì343542ÈÎ343542
LEGISLATIVE ACTION
Senate . House
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Senator Farmer moved the following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 71 - 342
4 and insert:
5 (b)1.a. Periodic payments of an award to the parents or
6 legal guardians of the infant found to have sustained a birth
7 related neurological injury, which award may shall not exceed
8 $100,000. However, at the discretion of the administrative law
9 judge, such award may be made in a lump sum. Beginning on
10 January 1, 2021, the award may not exceed $250,000, and each
11 January 1 thereafter, the maximum award authorized under this
12 paragraph shall increase by 3 percent.
13 b. Parents or legal guardians who received an award
14 pursuant to this section before January 1, 2021, and whose child
15 currently receives benefits under the plan must receive a
16 retroactive payment in an amount sufficient to bring the total
17 award paid to the parents or legal guardians pursuant to sub
18 subparagraph a. to $250,000. This additional payment may be made
19 in a lump sum or in periodic payments as designated by the
20 parents or legal guardians.
21 2.a. Death benefit for the infant in an amount of $50,000.
22 b. Parents or legal guardians who received an award
23 pursuant to this section, and whose child died since the
24 inception of the program, must receive a retroactive payment in
25 an amount sufficient to bring the total award paid to the
26 parents or legal guardians pursuant to sub-subparagraph a. to
27 $50,000. This additional payment may be made in a lump sum or in
28 periodic payments as designated by the parents or legal
29 guardians $10,000.
30 Section 4. Section 766.3145, Florida Statutes, is created
31 to read:
32 766.3145 Code of ethics.—
33 (1) On or before July 1 of each year, employees of the
34 association must sign and submit a statement attesting that they
35 do not have a conflict of interest as defined in part III of
36 chapter 112. As a condition of employment, all prospective
37 employees must sign and submit to the association a conflict-of
38 interest statement.
39 (2) The executive director, senior managers, and members of
40 the board of directors are subject to the code of ethics under
41 part III of chapter 112. For purposes of applying part III of
42 chapter 112 to activities of the executive director, senior
43 managers, and members of the board of directors, those persons
44 are considered public officers or employees and the association
45 is considered their agency. A board member may not vote on any
46 measure that would inure to his or her special private gain or
47 loss and, notwithstanding s. 112.3143(2), may not vote on any
48 measure that he or she knows would inure to the special private
49 gain or loss of any principal by whom he or she is retained or
50 to the parent organization or subsidiary of a corporate
51 principal by which he or she is retained, other than an agency
52 as defined in s. 112.312; or that he or she knows would inure to
53 the special private gain or loss of a relative or business
54 associate of the public officer. Before the vote is taken, such
55 member shall publicly state to the board the nature of his or
56 her interest in the matter from which he or she is abstaining
57 from voting and, within 15 days after the vote occurs, disclose
58 the nature of his or her interest as a public record in a
59 memorandum filed with the person responsible for recording the
60 minutes of the meeting, who shall incorporate the memorandum in
61 the minutes.
62 (3) Notwithstanding s. 112.3148, s. 112.3149, or any other
63 law, an employee or board member may not knowingly accept,
64 directly or indirectly, any gift or expenditure from a person or
65 entity, or an employee or representative of such person or
66 entity, which has a contractual relationship with the
67 association or which is under consideration for a contract.
68 (4) An employee or board member who fails to comply with
69 subsection (2) or subsection (3) is subject to penalties
70 provided under ss. 112.317 and 112.3173.
71 (5) Any senior manager or executive director of the
72 association who is employed on or after January 1, 2022,
73 regardless of the date of hire, who subsequently retires or
74 terminates employment is prohibited from representing another
75 person or entity before the association for 2 years after
76 retirement or termination of employment from the association.
77 Section 5. Section 766.315, Florida Statutes, is amended to
78 read:
79 766.315 Florida Birth-Related Neurological Injury
80 Compensation Association; board of directors; notice of
81 meetings; report.—
82 (1)(a) The Florida Birth-Related Neurological Injury
83 Compensation Plan shall be governed by a board of seven five
84 directors which shall be known as the Florida Birth-Related
85 Neurological Injury Compensation Association. The association is
86 not a state agency, board, or commission. Notwithstanding the
87 provision of s. 15.03, the association is authorized to use the
88 state seal.
89 (b) The directors shall be appointed for staggered terms of
90 3 years or until their successors are appointed and have
91 qualified; however, a director may not serve for more than 6
92 consecutive years.
93 (c) The directors shall be appointed by the Chief Financial
94 Officer as follows:
95 1. One citizen representative who is not affiliated with
96 any of the groups identified in subparagraphs 2.-7.
97 2. One representative of participating physicians.
98 3. One representative of hospitals.
99 4. One representative of casualty insurers.
100 5. One representative of physicians other than
101 participating physicians.
102 6. One parent or legal guardian representative of an
103 injured infant under the plan.
104 7. One representative of an advocacy organization for
105 children with disabilities.
106 (2)(a) The Chief Financial Officer may select the
107 representative of the participating physicians from a list of at
108 least three names recommended by the American Congress of
109 Obstetricians and Gynecologists, District XII; the
110 representative of hospitals from a list of at least three names
111 recommended by the Florida Hospital Association; the
112 representative of casualty insurers from a list of at least
113 three names, one of which is recommended by the American
114 Insurance Association, one of which is recommended by the
115 Florida Insurance Council, and one of which is recommended by
116 the Property Casualty Insurers Association of America; and the
117 representative of physicians, other than participating
118 physicians, from a list of three names recommended by the
119 Florida Medical Association and a list of three names
120 recommended by the Florida Osteopathic Medical Association.
121 However, the Chief Financial Officer is not required to make an
122 appointment from among the nominees of the respective
123 associations. A participating physician who is named in a
124 pending petition for a claim may not be appointed to the board.
125 An appointed director who is a participating physician may not
126 vote on any board matter relating to a claim accepted for an
127 award for compensation if the physician is named in the petition
128 for the claim.
129 (b) If applicable, the Chief Financial Officer shall
130 promptly notify the appropriate medical association or person
131 identified in paragraph (a) to make recommendations upon the
132 occurrence of any vacancy, and like nominations may be made for
133 the filling of the vacancy.
134 (c) The Governor or the Chief Financial Officer may remove
135 a director from office for misconduct, malfeasance, misfeasance,
136 or neglect of duty in office. Any vacancy so created shall be
137 filled as provided in paragraph (a).
138 (3) The directors may shall not transact any business or
139 exercise any power of the plan except upon the affirmative vote
140 of four three directors. The directors shall serve without
141 salary, but are entitled to receive reimbursement each director
142 shall be reimbursed for actual and necessary expenses incurred
143 in the performance of his or her official duties as a director
144 of the plan in accordance with s. 112.061. The directors are
145 shall not be subject to any liability with respect to the
146 administration of the plan.
147 (4) The board of directors has shall have the power to:
148 (a) Administer the plan.
149 (b) Administer the funds collected on behalf of the plan.
150 (c) Administer the payment of claims on behalf of the plan.
151 (d) Direct the investment and reinvestment of any surplus
152 funds over losses and expenses, if provided that any investment
153 income generated thereby remains credited to the plan.
154 (e) Reinsure the risks of the plan in whole or in part.
155 (f) Sue and be sued, and appear and defend, in all actions
156 and proceedings in its name to the same extent as a natural
157 person.
158 (g) Have and exercise all powers necessary or convenient to
159 effect any or all of the purposes for which the plan is created.
160 (h) Enter into such contracts as are necessary or proper to
161 administer the plan.
162 (i) Employ or retain such persons as are necessary to
163 perform the administrative and financial transactions and
164 responsibilities of the plan and to perform other necessary and
165 proper functions not prohibited by law.
166 (j) Take such legal action as may be necessary to avoid
167 payment of improper claims.
168 (k) Indemnify any employee, agent, member of the board of
169 directors or alternate thereof, or person acting on behalf of
170 the plan in an official capacity, for expenses, including
171 attorney attorney’s fees, judgments, fines, and amounts paid in
172 settlement actually and reasonably incurred in connection with
173 any action, suit, or proceeding, including any appeal thereof,
174 arising out of such person’s capacity to act acting on behalf of
175 the plan, if; provided that such person acted in good faith and
176 in a manner he or she reasonably believed to be in, or not
177 opposed to, the best interests of the plan and the health and
178 best interest of the child having birth-related neurological
179 injuries, and if provided that, with respect to any criminal
180 action or proceeding, such the person had reasonable cause to
181 believe his or her conduct was lawful.
182 (5)(a) Money may be withdrawn on account of the plan only
183 upon a voucher as authorized by the association.
184 (b) All meetings of the board of directors are subject to
185 the requirements of s. 286.011, and all books, records, and
186 audits of the plan are open to the public for reasonable
187 inspection to the general public, except that a claim file in
188 the possession of the association or its representative is
189 confidential and exempt from the provisions of s. 119.07(1) and
190 s. 24(a), Art. I of the State Constitution until termination of
191 litigation or settlement of the claim, although medical records
192 and other portions of the claim file may remain confidential and
193 exempt as otherwise provided by law. Any book, record, document,
194 audit, or asset acquired by, prepared for, or paid for by the
195 association is subject to the authority of the board of
196 directors, which is responsible therefor.
197 (c) Except in the case of emergency meetings, the
198 association shall give notice of any board meeting by
199 publication on the association’s website not fewer than 7 days
200 before the meeting. The association shall prepare an agenda in
201 time to ensure that a copy of the agenda may be received at
202 least 7 days before the meeting by any person who requests a
203 copy and who pays the reasonable cost of the copy. The agenda,
204 along with any meeting materials available in electronic form,
205 excluding confidential and exempt information, shall be
206 published on the association’s website. The agenda shall contain
207 the items to be considered in order of presentation and a
208 telephone number for members of the public to participate
209 telephonically at the board meeting. After the agenda has been
210 made available, a change shall be made only for good cause, as
211 determined by the person designated to preside, and must be
212 stated in the record. Notification of such change shall be at
213 the earliest practicable time.
214 (d) Each person authorized to receive deposits, issue
215 vouchers, or withdraw or otherwise disburse any funds shall post
216 a blanket fidelity bond in an amount reasonably sufficient to
217 protect plan assets, as determined by the plan of operation. The
218 cost of such bond will be paid from the assets of the plan.
219 (e)(d) Annually, the association shall furnish audited
220 financial reports to any plan participant upon request, to the
221 Office of Insurance Regulation of the Financial Services
222 Commission, and to the Joint Legislative Auditing Committee. The
223 reports must be prepared in accordance with accepted accounting
224 procedures and must include such information as may be required
225 by the Office of Insurance Regulation or the Joint Legislative
226 Auditing Committee. At any time determined to be necessary, the
227 Office of Insurance Regulation or the Joint Legislative Auditing
228 Committee may conduct an audit of the plan.
229 (f)(e) Funds held on behalf of the plan are funds of the
230 State of Florida. The association may only invest plan funds in
231 the investments and securities described in s. 215.47, and shall
232 be subject to the limitations on investments contained in that
233 section. All income derived from such investments will be
234 credited to the plan. The State Board of Administration may
235 invest and reinvest funds held on behalf of the plan in
236 accordance with the trust agreement approved by the association
237 and the State Board of Administration and within the provisions
238 of ss. 215.44-215.53.
239 (6) The association shall furnish annually to each parent
240 and legal guardian receiving benefits under the plan either by
241 mail or electronically a list of expenses compensable under the
242 plan.
243 (7) The association shall publish a report on its website
244 by January 1, 2022, and every January 1 thereafter. The report
245 shall include:
246 (a) The names and terms of each board member and executive
247 staff member.
248 (b) The amount of compensation paid to each association
249 employee.
250 (c) A summary of reimbursement disputes and resolutions.
251 (d) A list of expenditures for attorney fees and lobbying
252 fees.
253 (e) Other expenses to oppose each plan claim. Any personal
254 identifying information of the parent, legal guardian, or child
255 involved in the claim must be removed from this list.
256 (8) On or before November 1, 2021, and by each November 1
257 thereafter, the association shall submit a report to the
258 Governor, the President of the Senate, the Speaker of the House
259 of Representatives, and the Chief Financial Officer. The report
260 must include:
261 (a) The number of petitions filed for compensation with the
262 division, the number of claimants awarded compensation, the
263 number of claimants denied compensation, and the reasons for the
264 denial of compensation.
265 (b) The number and dollar amount of paid and denied
266 compensation for expenses by category and the reasons for any
267 denied compensation for expenses by category.
268 (c) The average turnaround time for paying or denying
269 compensation for expenses.
270 (d) Legislative recommendations to improve the program.
271 (e) A summary of any pending or resolved litigation during
272 the year which affects the plan.
273 (f) The amount of compensation paid to each association
274 employee or member of the board of directors.
275 (g) For the initial report due on or before November 1,
276 2021, an actuarial report conducted by an independent actuary
277 which provides an analysis of the estimated costs of
278 implementing the following changes to the plan:
279 1. Reducing the minimum birth weight eligibility for a
280 participant in the plan from 2,500 grams to 2,000 grams.
281 2. Revising the eligibility for participation in the plan
282 by providing that an infant must be permanently and
283 substantially mentally or physically impaired, rather than
284 permanently and substantially mentally and physically impaired.
285 3. Increasing the annual special benefit or quality of life
286 benefit from $500 to $2,500 per calendar year.
287 Section 6. The amendments made to s. 766.31, Florida
288 Statutes, by this act, apply to petitions pending or filed under
289 s. 766.305, Florida Statutes, on or after January 1, 2021.
290 However, s. 766.31(1)(b)1.b. and 2.b., Florida Statutes, as
291 created by this act, apply retroactively.
292
293 ================= T I T L E A M E N D M E N T ================
294 And the title is amended as follows:
295 Delete lines 384 - 386
296 and insert:
297 annually; requiring the plan to provide retroactive
298 payments to certain parents or legal guardians which
299 are sufficient to bring the total award to a specified
300 amount; authorizing such payments to be made in a lump
301 sum or periodically; increasing the death benefit for
302 an infant found to have sustained a birth-related
303 neurological injury; requiring the plan to provide
304 retroactive payments to certain parents or legal
305 guardians which are sufficient to bring the total
306 death benefit award to a specified amount; authorizing
307 such payments to be made in a lump sum or
308 periodically; creating s. 766.3145, F.S.; requiring