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FloridaSB 16682026SenateWALLET

Florida Birth-Related Neurological Injury Compensation Association

Sponsored By: Colleen Burton (Republican)

Signed by Governor

AppropriationBanking and InsuranceAppropriations Committee on Agriculture, Environment, and General GovernmentRulesHouse Calendar

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Bill Overview

Analyzed Economic Effects

12 provisions identified: 5 benefits, 5 costs, 2 mixed.

Lifetime housing and transportation for participants

Participants receive up to $100,000 in housing help over their lifetime. Help includes home down payments, moving, construction, and home changes. The Plan must also provide families reliable transportation for the participant and medically necessary equipment throughout the participant’s life. It cannot limit transportation help based on age or weight. Plan-purchased vehicles must be replaced every 7 years or 150,000 miles, whichever comes first.

More therapy and guardianship help for families

Family members and relatives who have lived with a participant can receive payment for qualifying therapy. The limit is $10,000 annually during the participant’s life and $20,000 total after the participant’s death. Services must come from a qualifying licensed psychiatrist or provider, including providers with equivalent licenses outside Florida. The Plan also covers legal costs to establish or maintain the participant’s guardianship.

Repayment for families’ earlier unpaid care

The Plan must reimburse qualifying past care by December 31, 2026. The care must be reasonable, medically necessary, and received on or before June 30, 2026. Repayment covers care the Plan reduced or left unpaid because the participant lacked comprehensive or major medical insurance. This provision sets no maximum repayment amount.

Families face limits on injury lawsuits

Plan remedies replace other medical-negligence claims concerning the covered birth injury against those directly involved in the birth-related care. This applies to the infant, personal representative, family, dependents, and next of kin. A civil case requires clear and convincing evidence of bad faith, malicious purpose, or willful and wanton disregard of rights, safety, or property. It must be filed instead of accepting Plan payment and before the administrative award becomes final and binding.

Financial trouble can limit families’ claims

After an audited prior-year cash-flow deficit, the board cannot add or expand benefits that increase costs; statutory benefits are exempt. If insurance regulators find the Plan financially unsound and statutory remedies insufficient, the Association must notify state leaders and regulators within five days. After notice, it cannot accept new claims without express legislative approval. Claims for injuries occurring at least 18 months before the suspension are excepted. For people barred from filing, the Plan is not the exclusive legal remedy.

Paid health coverage with family deadlines

The birth injury Plan pays participants’ comprehensive major medical insurance premiums and out-of-pocket costs. A family member must keep this coverage continuously. Without coverage at the final compensation order, families must obtain coverage within 60 days or apply for Medicaid within 30 days. After a Medicaid denial, other coverage is due within 60 days; existing June 30, 2026 participants need coverage by January 1, 2027. Florida’s health agency must recover qualifying Medicaid costs from the Association, including covered claims, capitation payments, and related costs. These repayments go to the agency’s Medical Care Trust Fund.

Family caregivers face limits on pay

The Plan cannot pay a family member for residential or custodial care while another provider also supplies care and supervision. It also cannot pay for caregiving time when another source pays that family member for work performed at the same time. These limits apply to family-provided care, not all Plan benefits.

Participants get revised care expense coverage

The Plan expressly covers medically necessary, reasonable dental care among eligible expenses incurred since birth. Payments are limited to reasonable local charges for similar treatment. The revised expense list no longer expressly names facilities alongside special equipment or training alongside habilitative services. That wording change does not establish that all such expenses are excluded.

State cash supports birth injury benefits

Insurance regulators must authorize a state fund transfer if the Plan lacks enough cash for the following fiscal year. Authorization is due within 30 calendar days of that finding. Transfers come from the Insurance Regulatory Trust Fund and cannot exceed $20 million over the Plan’s lifetime.

Stronger financial checks on injury benefits

The Association’s operating plan and amendments require insurance regulators’ approval and must address fraud and overpayments. It must estimate each claim’s current-value cost within 60 days, update estimates quarterly, and report updates within 15 business days. Each update also requires a financial soundness check, with immediate notice to regulators if the Plan is unsound. Regulators have 60 days to decide whether another valuation is needed and 30 days after deciding to initiate it. They must also complete valuations by December 31 of even-numbered years, checking next-year cash needs, financial soundness, and likely recovery before the next review.

Hospitals and doctors pay Plan assessments

Covered hospitals pay $50 per assessable infant delivered, due December 31 of the year after birth. Stillbirths and other statutory birth exclusions do not count, and specified public hospitals are exempt. Qualifying charity or Medicaid births can be excluded with documentation when the statutory revenue threshold is met. Nonparticipating Florida physicians pay $250 annually by December 31, while participating physicians pay $5,000 annually for the next year. Participating payments received by January 31 cover the full year; later payments qualify only from the payment date. Listed physician exemptions apply, and certain supervised residents and interns qualify as participating without paying the participating assessment.

Plan shortfalls can raise insurance costs

If the Plan is unlikely to regain financial soundness before its next biennial review, regulators must order remedies within 60 calendar days. One remedy assesses specified casualty insurers based on prior-year net direct premiums, aiming to restore soundness within five years. Each insurer’s annual assessment is capped at 0.25% of those premiums and ends within five years of the order. Insurers may recover costs through policy surcharges, prospective rate increases, or both. If that assessment cannot restore soundness, regulators must raise other listed assessments proportionally, collecting no more than needed.

Sponsors & Cosponsors

Sponsor

  • Colleen Burton

    Republican • Senate

Cosponsors

  • Appropriations Committee on Agriculture, Environment, and General Government

    Affiliation unavailable

  • Rules

    Affiliation unavailable

Roll Call Votes

All Roll Calls

Yes: 322 • No: 5

House vote • 3/13/2026

House Floor Vote

Yes: 96 • No: 2

Senate vote • 3/12/2026

Senate Floor Vote

Yes: 39 • No: 0

House vote • 3/10/2026

House Floor Vote

Yes: 112 • No: 0

Senate vote • 3/5/2026

Senate Floor Vote

Yes: 37 • No: 0

Senate vote • 3/3/2026

Rules Vote

Yes: 22 • No: 0

Senate vote • 2/25/2026

Appropriations Committee on Agriculture, Environment, and General Government Vote

Yes: 7 • No: 2

Senate vote • 1/28/2026

Banking and Insurance Vote

Yes: 9 • No: 1

Actions Timeline

  1. Chapter No. 2026-127

    6/12/2026

  2. Approved by Governor

    6/11/2026

  3. Signed by Officers and presented to Governor

    6/9/2026

  4. Ordered engrossed, then enrolled

    3/17/2026Senate

  5. CS passed as amended; YEAS 96, NAYS 2

    3/13/2026House

  6. Amendment 771754 Concur

    3/13/2026House

  7. Added to Senate Message List

    3/13/2026House

  8. In Messages

    3/12/2026House

  9. CS passed as amended; YEAS 39 NAYS 0 -SJ 859

    3/12/2026Senate

  10. Concurred in House amendment(s) as amended (690561) -SJ 859

    3/12/2026Senate

  11. Amendment(s) to House amendment(s) adopted (771754) -SJ 859

    3/12/2026Senate

  12. In returning messages

    3/10/2026Senate

  13. CS passed as amended; YEAS 112, NAYS 0

    3/10/2026House

  14. Read 3rd time

    3/10/2026House

  15. Added to Third Reading Calendar

    3/10/2026House

  16. Amendment 690561 adopted

    3/10/2026House

  17. Read 2nd time

    3/10/2026House

  18. 1st Reading (Committee Substitute 2)

    3/9/2026House

  19. Bill added to Special Order Calendar (3/10/2026)

    3/9/2026House

  20. Bill referred to House Calendar

    3/9/2026House

  21. In Messages

    3/5/2026House

  22. CS passed; YEAS 37 NAYS 0 -SJ 611

    3/5/2026Senate

  23. Read 3rd time -SJ 611

    3/5/2026Senate

  24. Read 2nd time -SJ 611

    3/5/2026Senate

  25. CS/CS by Rules read 1st time

    3/4/2026Senate

Bill Text

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