Florida HB 1291: Florida Birth-Related Neurological Injury Compensation Association

Bill Text

CS/CS/HB 1291 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1291-02-c2
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A bill to be entitled 1
An act relating to the Florida Birth-Related 2
Neurological Injury Compensation Association; amending 3
s. 409.910, F.S.; requiring the agency to recover the 4
full amount of medical assistance from the 5
neurological injury compensation association; amending 6
s. 766.302, F.S.; providing and revising definitions; 7
removing a limitation on time subject to plan 8
compensation; amending s. 766.303, F.S.; revising 9
terminology; amending s. 766.305, F.S.; revising 10
provisions relating to filing claims; amending s. 11
766.309, F.S.; conforming a cross-reference; amending 12
s. 766.31, F.S.; revising items that are eligible for 13
an award providing compensation; requiring 14
compensation to be provided for certain actual 15
expenses; requiring compensation for the costs of 16
major medical health coverage; requiring the plan to 17
reimburse certain payments made for services provided; 18
exempting expenses for professional custodial care in 19
certain circumstances; requiring that, upon entry of a 20
final order for compensation, parents or legal 21
guardians obtain private health insurance or submit an 22
application for the Medicaid program; amending s. 23
766.314, F.S.; requiring the directors to maintain a 24
plan of operation; requiring certain assessments to be 25

CS/CS/HB 1291 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1291-02-c2
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

paid into the Florida Birth-Related Neurological 26
Injury Compensation Association at certain times for 27
certain purposes; requiring the plan of operation to 28
include a provision for fraud; removing obsolete 29
provisions; revising provisions relating to an 30
actuarial valuation of the plan; requiring the 31
association to submit quarterly estimates; requiring 32
the association to state whether the plan is 33
actuarially sound; authorizing a transfer of funds to 34
the association from the Insurance Regulatory Trust 35
Fund if the plan is not actuarially sound; requiring 36
the association to require each entity to issue 37
casualty insurance and pay an annual assessment; 38
providing requirements for annual assessments; 39
requiring an increase in assessments after certain 40
findings; requiring the association to determine 41
whether the plan is actuarially sound after certain 42
revisions; providing criteria for such determination; 43
requiring notification to the Governor, Legislature, 44
and Office of Insurance Regulation after certain 45
findings; providing that the plan is not the exclusive 46
remedy if it is prohibited from accepting new claims; 47
amending s. 766.315, F.S.; revising membership of the 48
association's board of directors; prohibiting the 49
board of directors from creating new benefits or 50

CS/CS/HB 1291 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1291-02-c2
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

expanding existing benefits under the plan under 51
certain circumstances; revising requirements for 52
certain reports of the association; providing an 53
effective date. 54
55
Be It Enacted by the Legislature of the State of Florida: 56
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Section 1. Paragraph (a) of subsection (7) of section 58
409.910, Florida Statutes, is amended to read: 59
409.910 Responsibility for payments on behalf of Medicaid-60
eligible persons when other parties are liable.— 61
(7) The agency shall recover the full amount of all 62
medical assistance provided by Medicaid on behalf of the 63
recipient to the full extent of third-party benefits. 64
(a) Recovery of such benefits shall be collected directly 65
from: 66
1. Any third party; 67
2. The recipient or legal representative, if he or she has 68
received third-party benefits; 69
3. The provider of a recipient's medical services if 70
third-party benefits have been recovered by the provider; 71
notwithstanding any provision of this section, to the contrary, 72
however, no provider shall be required to refund or pay to the 73
agency any amount in excess of the actual third-party benefits 74

CS/CS/HB 1291 2026

CODING: Words stricken are deletions; words underlined are additions.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

received by the provider from a third-party payor for medical 75
services provided to the recipient; or 76
4. Any person who has received the third-party benefits; 77
or 78
5. The Florida Birth-Related Neurological Injury 79
Compensation Association for plan participant costs incurred 80
under s. 766.31. 81
82
The provisions of this subsection do not apply to any proceeds 83
received by the state, or any agency thereof, pursuant to a 84
final order, judgment, or settlement agreement, in any matt