Florida Senate - 2024                          SENATOR AMENDMENT
       Bill No. CS/CS/HB 1611, 1st Eng.
       
       
       
       
       
       
                                Ì717574BÎ717574                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 2/AD/2R         .            Floor: C            
             03/06/2024 05:27 PM       .      03/07/2024 08:41 PM       
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       Senator Trumbull moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 1347 and 1348
    4  insert:
    5         Section 26. Paragraph (c) of subsection (10) of section
    6  766.302, Florida Statutes, is amended to read:
    7         766.302 Definitions; ss. 766.301-766.316.—As used in ss.
    8  766.301-766.316, the term:
    9         (10) “Family residential or custodial care” means care
   10  normally rendered by trained professional attendants which is
   11  beyond the scope of child care duties, but which is provided by
   12  family members. Family members who provide nonprofessional
   13  residential or custodial care may not be compensated under this
   14  act for care that falls within the scope of child care duties
   15  and other services normally and gratuitously provided by family
   16  members. Family residential or custodial care shall be performed
   17  only at the direction and control of a physician when such care
   18  is medically necessary. Reasonable charges for expenses for
   19  family residential or custodial care provided by a family member
   20  shall be determined as follows:
   21         (c) The award of family residential or custodial care as
   22  defined in this section shall not be included in the current
   23  estimates for purposes of s. 766.314(9)(c).
   24         Section 27. Paragraph (c) of subsection (9) of section
   25  766.314, Florida Statutes, is amended to read:
   26         766.314 Assessments; plan of operation.—
   27         (9)
   28         (c) If the total of all current estimates equals or exceeds
   29  100 80 percent of the funds on hand and the funds that will
   30  become available to the association within the next 12 months
   31  from all sources described in subsection subsections (4) and
   32  paragraph (5)(a) (5) and paragraph (7)(a), the association may
   33  not accept any new claims without express authority from the
   34  Legislature. Nothing in This section does not preclude precludes
   35  the association from accepting any claim if the injury occurred
   36  18 months or more before the effective date of this suspension.
   37  Within 30 days after the effective date of this suspension, the
   38  association shall notify the Governor, the Speaker of the House
   39  of Representatives, the President of the Senate, the Office of
   40  Insurance Regulation, the Agency for Health Care Administration,
   41  and the Department of Health of this suspension.
   42         Section 28. The Florida Birth-Related Neurological Injury
   43  Compensation Association shall, in consultation with the Office
   44  of Insurance Regulation and the Agency for Health Care
   45  Administration, provide a report to the Governor, the Chief
   46  Financial Officer, the President of the Senate, and the Speaker
   47  of the House of Representatives by September 1, 2024, which must
   48  include, but is not limited to, all of the following
   49  recommendations for:
   50         (1) Defining actuarial soundness for the association,
   51  including options for phase-in, if appropriate.
   52         (2) Timing of reporting actuarial soundness and to whom it
   53  should be reported.
   54         (3) Ensuring a revenue level to maintain actuarial
   55  soundness, including options for phase-in, if appropriate.
   56  ================= T I T L E  A M E N D M E N T ================
   57  And the title is amended as follows:
   58         Delete line 183
   59  and insert:
   60         adopt, amend, or repeal certain rules; amending s.
   61         766.302, F.S.; revising the manner in which reasonable
   62         charges for expenses for family residential or
   63         custodial care are determined; amending s. 766.314,
   64         F.S.; revising the prohibition relating to the Florida
   65         Birth-Related Neurological Injury Compensation Plan
   66         accepting new claims; requiring the Florida Birth
   67         Related Neurological Injury Compensation Association,
   68         in consultation with specified entities, to submit, by
   69         a specified date, a specified report to the Governor,
   70         the Chief Financial Officer, and the Legislature;
   71         specifying requirements for the report; amending ss.