Bill
Bill > H1291
summary
Introduced
01/08/2026
01/08/2026
In Committee
02/16/2026
02/16/2026
Crossed Over
Passed
Dead
Introduced Session
2026 Regular Session
Bill Summary
An act relating to the Florida Birth-Related Neurological Injury Compensation Association; amending s. 409.910, F.S.; requiring the agency to recover the full amount of medical assistance from the neurological injury compensation association; amending s. 766.302, F.S.; providing and revising definitions; amending s. 766.303, F.S.; revising the exclusiveness of remedy under the Florida Birth-Related Neurological Injury Compensation Plan; amending s. 766.305, F.S.; revising provisions relating to filing claims; amending s. 766.309, F.S.; conforming a cross- reference; amending s. 766.31, F.S.; revising items that are eligible for an award providing compensation; requiring compensation to be provided for certain actual expenses; requiring compensation for the costs of major medical health coverage; requiring the plan to reimburse certain payments made for services provided; exempting expenses for professional custodial care in certain circumstances; requiring that, upon entry of a final order for compensation, parents or legal guardians obtain private health insurance or submit an application for the Medicare program; amending s. 766.314, F.S.; requiring the directors to maintain a plan of operation; requiring certain assessments to be paid into the Florida Birth- Related Neurological Injury Compensation Association at certain times for certain purposes; requiring the plan of operation to include a provision for fraud; removing obsolete provisions; revising provisions relating to an actuarial valuation of the plan; requiring the association to submit quarterly estimates; requiring the association to state whether the plan is actuarially sound; authorizing a transfer of funds to the association from the Insurance Regulatory Trust Fund if the plan is not actuarially sound; requiring the association to require each entity to issue casualty insurance and pay an annual assessment; providing requirements for annual assessments; requiring an increase in assessments after certain findings; requiring the association to determine whether the plan is actuarially sound after certain revisions; providing criteria for such determination; requiring notification to the Governor, Legislature, and Office of Insurance Regulation after certain findings; amending s. 766.315, F.S.; revising membership of the directors of the association; providing an effective date.
AI Summary
This bill makes several changes to the Florida Birth-Related Neurological Injury Compensation Plan, which provides compensation for infants who suffer specific neurological injuries during birth. Key provisions include requiring the state agency to recover the full amount of medical assistance from the compensation association, clarifying definitions such as "actuarially sound" (meaning plan assets are at least 90% of estimated liabilities) and introducing a new term "participant" for those who have received compensation. The bill revises who is covered by the plan's exclusive remedy provision, expanding it to include "family members" beyond just parents, and modifies how claims are filed. It also expands the types of expenses eligible for compensation, including costs for major medical health coverage, and requires parents or legal guardians to obtain private health insurance or apply for Medicare for the participant after a final compensation order. Furthermore, the bill mandates that the association maintain a plan of operation that includes fraud prevention, requires more frequent actuarial valuations to ensure the plan is financially stable, and allows for transfers from the Insurance Regulatory Trust Fund if the plan is not actuarially sound. It also revises assessment requirements for hospitals and physicians, and changes the composition of the association's board of directors to include a family member of a participant.
Committee Categories
Budget and Finance, Business and Industry
Sponsors (1)
Other Sponsors (1)
House State Administration Budget Subcommittee (House)
Last Action
Favorable with CS by Commerce Committee (on 02/26/2026)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.flsenate.gov/Session/Bill/2026/1291 |
| Analysis - Commerce Committee (Post-Meeting) | https://www.flsenate.gov/Session/Bill/2026/1291/Analyses/h1291d.COM.PDF |
| BillText | https://www.flsenate.gov/Session/Bill/2026/1291/BillText/c1/PDF |
| Analysis - State Administration Budget Subcommittee (Post-Meeting) | https://www.flsenate.gov/Session/Bill/2026/1291/Analyses/h1291c.SAB.PDF |
| https://www.flsenate.gov/Session/Bill/2026/1291/Amendment/654831/PDF | |
| Analysis - State Administration Budget Subcommittee (Post-Meeting) | https://www.flsenate.gov/Session/Bill/2026/1291/Analyses/h1291b.SAB.PDF |
| Analysis - Insurance & Banking Subcommittee (Post-Meeting) | https://www.flsenate.gov/Session/Bill/2026/1291/Analyses/h1291a.IBS.PDF |
| Analysis - Insurance & Banking Subcommittee (Post-Meeting) | https://www.flsenate.gov/Session/Bill/2026/1291/Analyses/h1291.IBS.PDF |
| BillText | https://www.flsenate.gov/Session/Bill/2026/1291/BillText/Filed/PDF |
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