Florida Senate - 2021                      CS for CS for SB 1786
       
       
        
       By the Committees on Appropriations; and Health Policy; and
       Senators Burgess and Book
       
       
       
       
       576-04462-21                                          20211786c2
    1                        A bill to be entitled                      
    2         An act relating to the Florida Birth-Related
    3         Neurological Injury Compensation Plan; amending s.
    4         766.301, F.S.; revising legislative intent; amending
    5         s. 766.303, F.S.; requiring the Florida Birth-Related
    6         Neurological Injury Compensation Association to
    7         administer the Florida Birth-Related Neurological
    8         Injury Compensation Plan in a specified manner;
    9         amending s. 766.305, F.S.; requiring that, if a
   10         physician is involved in more than one filed claim,
   11         the Division of Medical Quality Assurance of the
   12         Department of Health review all such claims together
   13         when making certain determinations; amending s.
   14         766.31, F.S.; revising requirements for the award for
   15         compensation for claims under the plan; increasing the
   16         maximum amount that may be awarded to the parents or
   17         legal guardians of an infant found to have sustained a
   18         birth-related neurological injury, as of a specified
   19         date; requiring that the maximum award amount be
   20         increased by a certain percentage annually; requiring
   21         the plan to provide retroactive payments to certain
   22         parents or legal guardians which are sufficient to
   23         bring the total award to a specified amount;
   24         authorizing such payments to be made in a lump sum or
   25         periodically; increasing the amount of the death
   26         benefit that must be awarded; requiring the plan to
   27         act on a request for payment of expenses within a
   28         specified timeframe; requiring parents or legal
   29         guardians, or their designee, to submit any additional
   30         information or documentation requested by the plan
   31         within a specified timeframe; requiring the plan to
   32         pay or deny a request within a specified timeframe;
   33         providing that failure to pay or deny the claim within
   34         a specified timeframe results in an uncontestable
   35         obligation to pay the claim; amending s. 766.313,
   36         F.S.; revising the timeframe within which birth
   37         related neurological injury compensation claims must
   38         be filed; creating s. 766.3135, F.S.; providing that
   39         the Florida Birth-Related Neurological Injury
   40         Compensation Association is responsible for
   41         reimbursing parents and legal guardians for actual
   42         expenses for medically necessary and reasonable
   43         services for an injured child; prohibiting the
   44         association from holding itself out as the payor of
   45         last resort for services under the plan; requiring the
   46         association to reimburse parents and legal guardians
   47         for services, drugs, equipment, or treatment at a
   48         reasonable rate if they submit a certain letter of
   49         medical necessity; authorizing the association to
   50         establish an independent review process for such
   51         reimbursement; requiring parents and legal guardians
   52         to submit a certain report to the association for
   53         reimbursement of experimental treatments, therapies,
   54         or programs; authorizing the association to use its
   55         review process to make certain determinations
   56         regarding such reimbursement; requiring the
   57         association to reimburse parents and legal guardians
   58         for experimental treatments, therapies, and programs
   59         under certain circumstances; specifying expenses for
   60         which parents and legal guardians are eligible to
   61         receive reimbursement; providing duties for the
   62         association; amending s. 766.314, F.S.; beginning on a
   63         specified date, requiring the annual assessments
   64         imposed on physicians and certain entities
   65         participating in the plan to be increased by a certain
   66         percentage annually; creating s. 766.3145, F.S.;
   67         requiring association employees to annually sign and
   68         submit a conflict-of-interest statement as a condition
   69         of employment; requiring prospective employees to sign
   70         and submit such statement as a condition of
   71         employment; providing that the executive director, the
   72         ombudsman, senior managers, and the board of directors
   73         are subject to specified provisions; prohibiting board
   74         members from voting on measures under certain
   75         circumstances; providing procedures and requirements
   76         for board members who have a conflict of interest;
   77         requiring the executive director, senior managers, and
   78         board members to file certain disclosures; requiring
   79         the executive director or his or her designee to
   80         notify specified individuals of the reporting
   81         requirements; requiring the executive director or his
   82         or her designee to submit, at least quarterly, a list
   83         of specified individuals to the Commission on Ethics;
   84         prohibiting employees and board members from accepting
   85         gifts or expenditures from certain individuals;
   86         providing penalties; prohibiting certain senior
   87         managers and executive directors from representing
   88         persons or entities before the association for a
   89         specified timeframe; amending s. 766.315, F.S.;
   90         revising membership of the plan’s board of directors;
   91         prohibiting certain appointed directors from voting on
   92         board matters relating to a claim if they were named
   93         in the petition for the claim; requiring the board of
   94         directors to employ an ombudsman for a specified
   95         purpose; providing duties of the ombudsman; requiring
   96         the association to submit an annual report to the
   97         Governor and the Legislature by a specified date;
   98         providing requirements for the report; requiring that
   99         the first report include a certain actuarial report;
  100         providing requirements for the actuarial report;
  101         requiring the Auditor General to conduct a performance
  102         audit of the association and plan; providing
  103         requirements for the audit; requiring the Auditor
  104         General to release the audit by a specified date;
  105         providing for future repeal; providing applicability;
  106         providing an effective date.
  107          
  108  Be It Enacted by the Legislature of the State of Florida:
  109  
  110         Section 1. Subsection (2) of section 766.301, Florida
  111  Statutes, is amended to read:
  112         766.301 Legislative findings and intent.—
  113         (2) It is the intent of the Legislature to provide
  114  compensation, on a no-fault basis, for a limited class of
  115  catastrophic injuries that result in unusually high costs for
  116  custodial care and rehabilitation. This plan shall apply only to
  117  birth-related neurological injuries and is not intended to serve
  118  as the payor of last resort for claims arising out of such
  119  injuries. It is not the intent of the Legislature to shield
  120  physicians who engage in willful misconduct, gross negligence,
  121  or recklessness or to preclude individuals from filing
  122  legitimate claims of medical malpractice against such
  123  physicians.
  124         Section 2. Subsection (4) is added to section 766.303,
  125  Florida Statutes, to read:
  126         766.303 Florida Birth-Related Neurological Injury
  127  Compensation Plan; exclusiveness of remedy.—
  128         (4) The Florida Birth-Related Neurological Injury
  129  Compensation Association shall administer the plan in a manner
  130  that promotes and protects the health and best interests of
  131  children with birth-related neurological injuries who have been
  132  accepted into the plan, and the association shall strive to
  133  ensure that all of their medically reasonable needs are being
  134  met.
  135         Section 3. Subsection (5) of section 766.305, Florida
  136  Statutes, is amended to read:
  137         766.305 Filing of claims and responses; medical
  138  disciplinary review.—
  139         (5) Upon receipt of such petition, the Division of Medical
  140  Quality Assurance shall review the information therein and
  141  determine whether it involved conduct by a physician licensed
  142  under chapter 458 or an osteopathic physician licensed under
  143  chapter 459 which that is subject to disciplinary action. If a
  144  physician is involved in more than one filed claim, the division
  145  also must review the circumstances of all such claims together
  146  to determine whether the physician’s conduct establishes a
  147  pattern of practice subject to disciplinary action. Section
  148  456.073 applies in such cases, in which case the provisions of
  149  s. 456.073 shall apply.
  150         Section 4. Subsections (1) and (2) of section 766.31,
  151  Florida Statutes, are amended to read:
  152         766.31 Administrative law judge awards for birth-related
  153  neurological injuries; notice of award.—
  154         (1) Upon determining that an infant has sustained a birth
  155  related neurological injury and that obstetrical services were
  156  delivered by a participating physician at the birth, the
  157  administrative law judge shall make an award providing
  158  compensation for the following items relative to such injury:
  159         (a) Actual expenses for medically necessary and reasonable
  160  medical and hospital, habilitative and training, family
  161  residential or custodial care, professional residential, and
  162  custodial care and service, for medically necessary drugs,
  163  special equipment, and facilities, and for related travel. At a
  164  minimum, compensation must be provided for the following actual
  165  expenses:
  166         1.Diapers and baby formula for the infant from the time of
  167  birth and pureed baby food or other baby food for the infant at
  168  the appropriate age or developmental stage.
  169         2.A total annual benefit of up to $5,000 for immediate
  170  family members who reside with the infant for psychotherapeutic
  171  services obtained from providers licensed under chapter 490 or
  172  chapter 491.
  173         3.Transportation reimbursement for all necessary trips to
  174  the pharmacy each month for prescription fills for the infant.
  175         (b) However, the following expenses are not subject to
  176  compensation such expenses shall not include:
  177         1. Expenses for items or services that the infant has
  178  received, or is entitled to receive, under the laws of any state
  179  or the Federal Government, except to the extent such exclusion
  180  may be prohibited by federal law.
  181         2. Expenses for items or services that the infant has
  182  received, or is contractually entitled to receive, from any
  183  prepaid health plan, health maintenance organization, or other
  184  private insuring entity.
  185         3. Expenses for which the infant has received
  186  reimbursement, or for which the infant is entitled to receive
  187  reimbursement, under the laws of any state or the Federal
  188  Government, except to the extent such exclusion may be
  189  prohibited by federal law.
  190         4. Expenses for which the infant has received
  191  reimbursement, or for which the infant is contractually entitled
  192  to receive reimbursement, pursuant to the provisions of any
  193  health or sickness insurance policy or other private insurance
  194  program.
  195         (c) Expenses included under this paragraph (a) may not
  196  exceed shall be limited to reasonable charges prevailing in the
  197  same community for similar treatment of injured persons when
  198  such treatment is paid for by the injured person.
  199         (d)1.a.(b)1. Periodic payments of an award to the parents
  200  or legal guardians of the infant found to have sustained a
  201  birth-related neurological injury, which award may shall not
  202  exceed $100,000. However, at the discretion of the
  203  administrative law judge, such award may be made in a lump sum.
  204  Beginning on January 1, 2021, the award may not exceed $250,000,
  205  and each January 1 thereafter the maximum award authorized under
  206  this paragraph shall increase by 3 percent.
  207         b.Parents or legal guardians who received an award
  208  pursuant to this section before January 1, 2021, and whose child
  209  currently receives benefits under the plan must receive a
  210  retroactive payment in an amount sufficient to bring the total
  211  award paid to the parents or legal guardians pursuant to sub
  212  subparagraph a. to $250,000. This additional payment may be made
  213  in a lump sum or in periodic payments as designated by the
  214  parents or legal guardians.
  215         2. Death benefit for the infant in an amount of $50,000
  216  $10,000.
  217         (e)(c) Reasonable expenses incurred in connection with the
  218  filing of a claim under ss. 766.301-766.316, including
  219  reasonable attorney attorney’s fees, which are shall be subject
  220  to the approval and award of the administrative law judge. In
  221  determining an award for attorney attorney’s fees, the
  222  administrative law judge shall consider the following factors:
  223         1. The time and labor required, the novelty and difficulty
  224  of the questions involved, and the skill requisite to perform
  225  the legal services properly.
  226         2. The fee customarily charged in the locality for similar
  227  legal services.
  228         3. The time limitations imposed by the claimant or the
  229  circumstances.
  230         4. The nature and length of the professional relationship
  231  with the claimant.
  232         5. The experience, reputation, and ability of the lawyer or
  233  lawyers performing services.
  234         6. The contingency or certainty of a fee.
  235  
  236  Should there be a final determination of compensability, and the
  237  claimants accept an award under this section, the claimants are
  238  shall not be liable for any expenses, including attorney
  239  attorney’s fees, incurred in connection with the filing of a
  240  claim under ss. 766.301-766.316 other than those expenses
  241  awarded under this section.
  242         (2) The award shall require the immediate payment of
  243  expenses previously incurred and shall require that future
  244  expenses be paid as incurred.
  245         (a)Within 20 days after the receipt of a request for
  246  payment of expenses, the plan must pay the expenses or notify
  247  the parents or legal guardians, or their designee, that specific
  248  additional information or documentation is needed to evaluate
  249  the request or that the request for payment of the expenses is
  250  being denied.
  251         (b)Parents or legal guardians, or their designee, must
  252  submit any additional information or documentation requested by
  253  the plan within 35 days after receipt of the notification by the
  254  plan that additional information or documentation is needed.
  255  Additional information is considered submitted on the date it is
  256  mailed or electronically submitted to the plan.
  257         (c)A request for payment of expenses must be paid or
  258  denied within 90 days after receipt of the request. Failure to
  259  pay or deny the claim within 120 days after receipt of the
  260  request creates an uncontestable obligation to pay the expenses.
  261         Section 5. Section 766.313, Florida Statutes, is amended to
  262  read:
  263         766.313 Limitation on claim.—Any claim for compensation
  264  under ss. 766.301-766.316 which that is filed more than 8 5
  265  years after the birth of an infant alleged to have a birth
  266  related neurological injury is shall be barred.
  267         Section 6. Section 766.3135, Florida Statutes, is created
  268  to read:
  269         766.3135 Plan services.—
  270         (1)Pursuant to an award under s. 766.31(1), the
  271  association is responsible for reimbursement of actual expenses
  272  for medically necessary and reasonable services for a child
  273  under the plan. The plan is not intended to serve as the payor
  274  of last resort and the association may not hold itself out as
  275  such.
  276         (a)The association must reimburse the parents or legal
  277  guardians of a child under the plan for any service, drug,
  278  equipment, or treatment at a reasonable rate if they submit a
  279  letter of medical necessity from the child’s physician or other
  280  treating health care provider for such service, drug, equipment,
  281  or treatment.
  282         (b)The association may establish an independent review
  283  process that uses medical experts to review such requests after
  284  reimbursement to determine whether the physician’s or health
  285  care provider’s determination of medical necessity was
  286  reasonable. If the review finds that such determination was not
  287  reasonable, the association may ask the parents or legal
  288  guardians to provide a letter of medical necessity from a second
  289  health care provider. If such letter is provided, the
  290  association may not take further action. If the parents or legal
  291  guardians are unable to provide a second letter, the association
  292  may debit the reimbursement from future reimbursements.
  293         (c)For experimental treatments, therapies, or programs,
  294  the parents or legal guardians of the child must submit a report
  295  of medical necessity from the physician or other health care
  296  provider which details the medical necessity for the
  297  experimental treatment, therapy, or program and provides proof
  298  that it has shown objective, observable, and demonstrable
  299  medical benefits to other patients similarly situated to the
  300  child under the plan. The association may use its review process
  301  established under paragraph (b) to conclude whether the report
  302  reasonably supports the determination of medical necessity. If
  303  the review finds that such determination is not reasonable, the
  304  association may require the parents or legal guardians to
  305  provide a second report from a different health care provider.
  306  If such report is provided, the association must reimburse the
  307  parents or legal guardians for the experimental treatment,
  308  therapy, or program, as applicable. If the parents or legal
  309  guardians are unable to provide a second report, the association
  310  is not required to provide reimbursement.
  311         (2)Parents or legal guardians of a child under the plan
  312  are eligible for reimbursement of expenses for any of the
  313  following, at a minimum:
  314         (a)Medical, dental, and hospital care; habilitative
  315  services and training; mental health services; music or art
  316  therapy; family residential or custodial care; and professional
  317  residential and custodial care and services. Reimbursement for
  318  private nursing services or attendant care under this paragraph
  319  must be provided at a rate at least equal to the state or
  320  federal minimum wage, whichever is greater, and must be
  321  reimbursed at the same rate regardless of the setting in which
  322  the services or care is provided.
  323         (b)Medically necessary drugs, special equipment, and
  324  facilities.
  325         (c)Family support services for immediate family members
  326  living with the child, including, but not limited to, mental
  327  health services.
  328         (d)Travel expenses related to the child’s care. The
  329  association may not limit the amount or type of travel which may
  330  be reimbursed or differentiate reimbursement rates based on the
  331  purpose of such travel, provided that it is related to the
  332  child’s care.
  333         (e)Entertainment and other promotion of the child’s mental
  334  and emotional well-being. The parents or legal guardians of the
  335  child are entitled to a reimbursement of at least $1,500 per
  336  year under this paragraph.
  337         (f)Nutrition and hygiene needs of the child. The
  338  association may not limit reimbursement for diapers, baby food,
  339  or formula if such items are appropriate for the child’s age or
  340  developmental stage.
  341         (3)The association is also responsible for the following:
  342         (a)Providing ongoing transportation assistance for the
  343  life of the child. The association must provide parents or legal
  344  guardians with a reliable method of transportation for the care
  345  of the child or reimburse the cost of upgrading an existing
  346  vehicle to accommodate the child’s needs. The mode of
  347  transportation must take into account the special accommodations
  348  required for the specific child. The association may not limit
  349  such transportation assistance based on the child’s age or
  350  weight.
  351         (b)Providing ongoing housing assistance for the life of
  352  the child. Such assistance includes, but is not limited to:
  353         1.Payment assistance for rent and utilities to cover the
  354  cost of any increase due to the accommodation of the child’s
  355  condition and medical needs.
  356         2.Reimbursement of moving costs.
  357         3.Payment assistance for home construction costs up to
  358  $100,000.
  359         (c)Establishing an online network portal for parents and
  360  legal guardians of children under the plan to support one
  361  another and exchange information and resources. Access to the
  362  online network must be provided at no cost to parents and legal
  363  guardians.
  364         Section 7. Paragraph (a) of subsection (5) of section
  365  766.314, Florida Statutes, is amended to read:
  366         766.314 Assessments; plan of operation.—
  367         (5)(a) Beginning January 1, 1990, the persons and entities
  368  listed in paragraphs (4)(b) and (c), except those persons or
  369  entities who are specifically excluded from said provisions, as
  370  of the date determined in accordance with the plan of operation,
  371  taking into account persons licensed subsequent to the payment
  372  of the initial assessment, shall pay an annual assessment in the
  373  amount equal to the initial assessments provided in paragraphs
  374  (4)(b) and (c). If payment of the annual assessment by a
  375  physician is received by the association by January 31 of any
  376  calendar year, the physician shall qualify as a participating
  377  physician for that entire calendar year. If the payment is
  378  received after January 31 of any calendar year, the physician
  379  shall qualify as a participating physician for that calendar
  380  year only from the date the payment was received by the
  381  association. Beginning on January 1, 2022, and on each January 1
  382  thereafter, the annual assessment shall increase by 3 percent.
  383  On January 1, 1991, and on each January 1 thereafter, the
  384  association shall determine the amount of additional assessments
  385  necessary pursuant to subsection (7), in the manner required by
  386  the plan of operation, subject to any increase determined to be
  387  necessary by the Office of Insurance Regulation pursuant to
  388  paragraph (7)(b). On July 1, 1991, and on each July 1
  389  thereafter, the persons and entities listed in paragraphs (4)(b)
  390  and (c), except those persons or entities who are specifically
  391  excluded from said provisions, shall pay the additional
  392  assessments which were determined on January 1. Beginning
  393  January 1, 1990, the entities listed in paragraph (4)(a),
  394  including those licensed on or after October 1, 1988, shall pay
  395  an annual assessment of $50 per infant delivered during the
  396  prior calendar year. The additional assessments which were
  397  determined on January 1, 1991, pursuant to the provisions of
  398  subsection (7) are shall not be due and payable by the entities
  399  listed in paragraph (4)(a) until July 1.
  400         Section 8. Section 766.3145, Florida Statutes, is created
  401  to read:
  402         766.3145 Code of ethics.—
  403         (1)On or before July 1 of each year, employees of the
  404  association must sign and submit a statement attesting that they
  405  do not have a conflict of interest as defined in part III of
  406  chapter 112. As a condition of employment, all prospective
  407  employees must sign and submit to the association a conflict-of
  408  interest statement.
  409         (2)The executive director, the ombudsman, senior managers,
  410  and members of the board of directors are subject to part III of
  411  chapter 112, including, but not limited to, the code of ethics
  412  and the public disclosure and reporting of financial interests
  413  requirements of s. 112.3145. For purposes of applying part III
  414  of chapter 112 to activities of the executive director, senior
  415  managers, and members of the board of directors, those persons
  416  are considered public officers or employees and the association
  417  is considered their agency. A board member may not vote on any
  418  measure that would inure to his or her special private gain or
  419  loss and, notwithstanding s. 112.3143(2), may not vote on any
  420  measure that he or she knows would inure to the special private
  421  gain or loss of any principal by whom he or she is retained or
  422  to the parent organization or subsidiary of a corporate
  423  principal by which he or she is retained, other than an agency
  424  as defined in s. 112.312; or that he or she knows would inure to
  425  the special private gain or loss of a relative or business
  426  associate of the public officer. Before the vote is taken, such
  427  member shall publicly state to the board the nature of his or
  428  her interest in the matter from which he or she is abstaining
  429  from voting and, within 15 days after the vote occurs, disclose
  430  the nature of his or her interest as a public record in a
  431  memorandum filed with the person responsible for recording the
  432  minutes of the meeting, who shall incorporate the memorandum in
  433  the minutes. The executive director, senior managers, and board
  434  members are also required to file such disclosures with the
  435  Commission on Ethics and the Office of Insurance Regulation. The
  436  executive director of the association or his or her designee
  437  shall notify each existing and newly appointed member of the
  438  board of directors and senior managers of his or her duty to
  439  comply with the reporting requirements of part III of chapter
  440  112. At least quarterly, the executive director or his or her
  441  designee shall submit to the Commission on Ethics a list of
  442  names of the members of the board of directors and senior
  443  managers who are subject to the public disclosure requirements
  444  under s. 112.3145.
  445         (3) Notwithstanding s. 112.3148, s. 112.3149, or any other
  446  law, an employee or board member may not knowingly accept,
  447  directly or indirectly, any gift or expenditure from a person or
  448  entity, or an employee or representative of such person or
  449  entity, which has a contractual relationship with the
  450  association or which is under consideration for a contract.
  451         (4)An employee or board member who fails to comply with
  452  subsection (2) or subsection (3) is subject to penalties
  453  provided under ss. 112.317 and 112.3173.
  454         (5) Any senior manager or executive director of the
  455  association who is employed on or after January 1, 2022,
  456  regardless of the date of hire, who subsequently retires or
  457  terminates employment is prohibited from representing another
  458  person or entity before the association for 2 years after
  459  retirement or termination of employment from the association.
  460         Section 9. Paragraphs (a) and (c) of subsection (1),
  461  paragraph (a) of subsection (2), and paragraph (i) of subsection
  462  (4) of section 766.315, Florida Statutes, are amended, and
  463  subsection (6) is added to that section, to read:
  464         766.315 Florida Birth-Related Neurological Injury
  465  Compensation Association; board of directors.—
  466         (1)(a) The Florida Birth-Related Neurological Injury
  467  Compensation Plan shall be governed by a board of seven five
  468  directors which shall be known as the Florida Birth-Related
  469  Neurological Injury Compensation Association. The association is
  470  not a state agency, board, or commission. Notwithstanding the
  471  provision of s. 15.03, the association is authorized to use the
  472  state seal.
  473         (c) The Chief Financial Officer shall appoint the
  474  directors, ensuring that at least one board member is a woman,
  475  shall be appointed by the Chief Financial Officer as follows:
  476         1. One citizen representative.
  477         2. One representative of participating physicians.
  478         3. One representative of hospitals.
  479         4. One representative of casualty insurers.
  480         5. One representative of physicians other than
  481  participating physicians.
  482         6.One parent or legal guardian representative of an
  483  injured infant under the plan.
  484         7.One representative of an advocacy organization for
  485  children with disabilities.
  486         (2)(a) The Chief Financial Officer may select the
  487  representative of the participating physicians from a list of at
  488  least three names recommended by the American Congress of
  489  Obstetricians and Gynecologists, District XII; the
  490  representative of hospitals from a list of at least three names
  491  recommended by the Florida Hospital Association; the
  492  representative of casualty insurers from a list of at least
  493  three names, one of which is recommended by the American
  494  Insurance Association, one of which is recommended by the
  495  Florida Insurance Council, and one of which is recommended by
  496  the Property Casualty Insurers Association of America; and the
  497  representative of physicians, other than participating
  498  physicians, from a list of three names recommended by the
  499  Florida Medical Association and a list of three names
  500  recommended by the Florida Osteopathic Medical Association.
  501  However, the Chief Financial Officer is not required to make an
  502  appointment from among the nominees of the respective
  503  associations. A participating physician who is named in a
  504  pending petition for a claim may not be appointed to the board.
  505  An appointed director who is a participating physician may not
  506  vote on any board matter relating to a claim accepted for an
  507  award for compensation if the physician was named in the
  508  petition for the claim.
  509         (4) The board of directors shall have the power to:
  510         (i) Employ or retain such persons as are necessary to
  511  perform the administrative and financial transactions and
  512  responsibilities of the plan and to perform other necessary and
  513  proper functions not prohibited by law.
  514         1.The board of directors shall employ an ombudsman who
  515  will serve at the pleasure of, and must report directly to, the
  516  board and who will act as an advocate for the parents and legal
  517  guardians of plan participants.
  518         2.The ombudsman shall do all of the following:
  519         a.Provide information and assistance, outreach, and
  520  education to parents and legal guardians of plan participants
  521  regarding plan benefits and community, state, and federal
  522  government resources.
  523         b.Investigate complaints of parents or legal guardians of
  524  plan participants regarding the operation of the plan.
  525         c.Provide an annual report to the board regarding the
  526  ombudsman’s activities, the disposition of complaints, and any
  527  recommendations to improve the operations of the plan and the
  528  delivery of benefits to participants.
  529         (6)On or before January 31, 2022, and by each January 31
  530  thereafter, the association shall submit an annual report to the
  531  Governor, the President of the Senate, and the Speaker of the
  532  House of Representatives. The report must include:
  533         (a)The number of petitions filed for compensation with the
  534  division, the number of claimants awarded compensation, the
  535  number of claimants denied compensation, and the reasons for the
  536  denial of compensation.
  537         (b)The number and dollar amount of paid and denied
  538  compensation for expenses by category and the reasons for any
  539  denied compensation for expenses by category.
  540         (c)The average turnaround time for paying or denying
  541  compensation for expenses.
  542         (d)Legislative recommendations to improve the program.
  543         (e)A summary of any pending or resolved litigation during
  544  the year which affects the plan.
  545         (f)For the initial report due on or before January 31,
  546  2022, an actuarial report conducted by an independent actuary
  547  that provides an analysis of the estimated costs of implementing
  548  the following changes to the plan:
  549         1.Reducing the minimum birth weight eligibility for a
  550  participant in the plan from 2,500 grams to 2,000 grams.
  551         2.Revising the eligibility of participation in the plan by
  552  providing that an infant must be permanently and substantially
  553  mentally or physically impaired, rather than permanently and
  554  substantially mentally and physically impaired.
  555         3.Increasing the annual special benefit or quality of life
  556  benefit from $500 to $2,500 per calendar year.
  557         Section 10. The Auditor General shall conduct a performance
  558  audit of the association and plan to evaluate management’s
  559  performance in administering the laws, policies, and procedures
  560  governing the operations of the association and plan in an
  561  efficient and effective manner.
  562         (1)The audit must include evaluations of all of the
  563  following:
  564         (a)The protocols used for the payment of expenses,
  565  including standards for determining medical necessity and
  566  reasonableness of requests for medical care, services, or other
  567  benefits provided under the plan and the timeliness of the
  568  payment of expenses.
  569         (b)The effectiveness of the association’s outreach to
  570  inform parents and legal guardians of participants of available
  571  benefits and any changes in benefits and processes to resolve
  572  disputes regarding the payment of expenses internally.
  573         (c)The efficacy of the current processes for the
  574  procurement of goods and services.
  575         (d)The internal controls of the plan and association.
  576         (2)The Auditor General shall release the audit by January
  577  15, 2022.
  578         Section 11. Sections 766.301-766.316, Florida Statutes, are
  579  repealed on December 31, 2026, unless reviewed and saved from
  580  repeal by the Legislature.
  581         Section 12. The amendments made to s. 766.31(1)(d)1.a. and
  582  2., Florida Statutes, by this act apply to all claims filed
  583  under s. 766.305, Florida Statutes, for which an award was made
  584  through entry of final order under s. 766.31(1), Florida
  585  Statutes, on or after January 1, 2021.
  586         Section 13. This act shall take effect July 1, 2021.