Florida SB 1668: Florida Birth-Related Neurological Injury Compensation Association

Bill Text

1668 
Florida Birth-Related Neurological Injury Compensation Association 
2026-03-18T09:15:14Z 
Requiring the Agency for Health Care Administration to recover from the Florida Birth-Related Neurological Injury Compensation Association specified costs incurred by Medicaid; revising the exclusiveness of rights and remedies of the Florida Birth-Related Neurological Injury Compensation Plan; revising services eligible for compensation under certain annual benefits under the plan; requiring family members of plan participants to continuously maintain certain health insurance coverage for the participant; revising requirements for the administration of assessments and appropriations dedicated to the Florida Birth-Related Neurological Injury Compensation Plan, etc. 
ENROLLED 
2026 
S 
2026-06-11T00:00:00Z 
GB 
General Bill 
er 

 ENROLLED 
 2026 Legislature CS for CS for SB 1668, 1st Engrossed 

 20261668er 
 1 
 2 An act relating to the Florida Birth-Related 
 3 Neurological Injury Compensation Association; amending 
 4 s. 409.910, F.S.; requiring the Agency for Health Care 
 5 Administration to recover from the Florida Birth 
 6 Related Neurological Injury Compensation Association 
 7 specified costs incurred by Medicaid; reordering and 
 8 amending s. 766.302, F.S.; defining terms; revising 
 9 definitions; amending s. 766.303, F.S.; revising the 
 10 exclusiveness of rights and remedies of the Florida 
 11 Birth-Related Neurological Injury Compensation Plan; 
 12 making technical and conforming changes; amending s. 
 13 766.305, F.S.; making technical and conforming 
 14 changes; amending s. 766.309, F.S.; conforming a 
 15 cross-reference; amending s. 766.31, F.S.; revising 
 16 the expenses covered by an award for compensation 
 17 under the plan; revising services eligible for 
 18 compensation under certain annual benefits under the 
 19 plan; providing an additional benefit for 
 20 psychotherapeutic services for family members upon the 
 21 death of a participant; revising eligibility criteria 
 22 for transportation and housing assistance benefits 
 23 under the plan; providing coverage of certain legal 
 24 costs under the plan; requiring the plan to reimburse 
 25 certain claims and payments for plan participants also 
 26 enrolled in the state Medicaid program; requiring that 
 27 such funds be credited to the agency’s Medical Care 
 28 Trust Fund; requiring the plan to reimburse certain 
 29 participants by a specified date; prohibiting 
 30 compensation under the plan for family residential or 
 31 custodial care under certain circumstances; 
 32 authorizing the association to file a petition with 
 33 the Division of Administrative Hearings if there is a 
 34 dispute regarding overpayment of an expense 
 35 reimbursement under the plan; deleting obsolete 
 36 language; requiring family members of plan 
 37 participants to continuously maintain certain health 
 38 insurance coverage for the participant; requiring 
 39 family members of plan participants to obtain such 
 40 coverage or apply for Medicaid coverage within a 
 41 specified timeframe after entry of a final order for 
 42 an award for compensation under the plan; requiring 
 43 family members of current plan participants to obtain 
 44 the requisite health insurance coverage by a specified 
 45 date; amending s. 766.314, F.S.; revising requirements 
 46 for the administration of assessments and 
 47 appropriations dedicated to the Florida Birth-Related 
 48 Neurological Injury Compensation Plan; revising the 
 49 schedule of assessments participating hospitals and 
 50 physicians are required to pay to the association; 
 51 requiring the association to submit revised quarterly 
 52 claim estimates to the office within a specified 
 53 timeframe; requiring the association to assess its 
 54 financial condition and issue a specified notice to 
 55 the Office of Insurance Regulation in certain 
 56 circumstances; requiring the Office of Insurance 
 57 Regulation to review the association’s financial 
 58 condition upon receipt of such report; providing 
 59 criteria for review; providing the timeframe and 
 60 criteria for the Office of Insurance Regulation’s 
 61 biennial review of the association’s financial 
 62 condition; requiring a determination regarding the 
 63 plan’s short term cash flow; requiring the office to 
 64 authorize transfers of funds to the association within 
 65 a specified timeframe under certain circumstances; 
 66 providing that the cumulative amount of such transfers 
 67 may not exceed a specified amount over the life of the 
 68 plan; providing the office with specified 
 69 responsibilities; providing limitations on time and 
 70 value of potential assessments; deleting reporting 
 71 requirements; repealing a public records exemption; 
 72 amending s. 766.315, F.S.; revising membership of the 
 73 association’s board of directors; prohibiting the 
 74 board of directors from creating new benefits or 
 75 expa