Bill Text: FL S1786 | 2021 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Florida Birth-Related Neurological Injury Compensation Plan
Spectrum: Bipartisan Bill
Status: (Passed) 2021-06-23 - Chapter No. 2021-134 [S1786 Detail]
Download: Florida-2021-S1786-Comm_Sub.html
Bill Title: Florida Birth-Related Neurological Injury Compensation Plan
Spectrum: Bipartisan Bill
Status: (Passed) 2021-06-23 - Chapter No. 2021-134 [S1786 Detail]
Download: Florida-2021-S1786-Comm_Sub.html
Florida Senate - 2021 CS for SB 1786 By the Committee on Health Policy; and Senators Burgess and Book 588-03320-21 20211786c1 1 A bill to be entitled 2 An act relating to payments for birth-related 3 neurological injuries; amending s. 766.31, F.S.; 4 increasing the amount that may be awarded to the 5 parents or legal guardians of an infant found to have 6 sustained a birth-related neurological injury; 7 requiring that such amount be revised annually; 8 increasing the amount of the death benefit that may be 9 awarded; providing for retroactive application; 10 providing an effective date. 11 12 Be It Enacted by the Legislature of the State of Florida: 13 14 Section 1. Paragraph (b) of subsection (1) of section 15 766.31, Florida Statutes, is amended to read: 16 766.31 Administrative law judge awards for birth-related 17 neurological injuries; notice of award.— 18 (1) Upon determining that an infant has sustained a birth 19 related neurological injury and that obstetrical services were 20 delivered by a participating physician at the birth, the 21 administrative law judge shall make an award providing 22 compensation for the following items relative to such injury: 23 (b)1. Periodic payments of an award to the parents or legal 24 guardians of the infant found to have sustained a birth-related 25 neurological injury, which award mayshallnot exceed $100,000. 26 However, at the discretion of the administrative law judge, such 27 award may be made in a lump sum. Beginning on January 1, 2021, 28 the award may not exceed $250,000, and each January 1 thereafter 29 the award authorized under this paragraph shall increase by 3 30 percent. 31 2. Death benefit for the infant in an amount of $50,000 32$10,000. 33 Section 2. The amendments made to s. 766.31, Florida 34 Statutes, by this act apply to claims filed under s. 766.305, 35 Florida Statutes, on or after January 1, 2021. 36 Section 3. This act shall take effect July 1, 2021.