FloridaFlorida’s birth-injury plan covers care and requires family health coverage
Florida’s birth-injury plan pays for certain care and support, while requiring families to maintain health coverage for participants.
What it does
Plan awards cover medically needed care, transportation, and housing help for participants. They also cover some counseling for relatives who live with them, with a higher total limit after the participant dies.
A family member must keep major medical coverage for the participant. For someone who was already a participant on June 30, 2026, the required coverage must be in place by January 1, 2027.
The association must repay Florida Medicaid for specified participant care payments and related costs. The Medicaid agency must put the money into its Medical Care Trust Fund.
If the plan lacks enough cash for the next fiscal year, the insurance regulator must authorize transfers from a state trust fund. Transfers are capped at $20 million over the plan’s lifetime.
Argument forParticipants may get help with transportation, housing, and care costs, which could make it easier for families to meet their needs.
Argument againstFamilies may have to find coverage quickly or apply for Medicaid within set deadlines, which could add pressure while caring for a participant.
More detail
The plan pays for qualifying care and support expenses for participants and some family members. Awards cover medically necessary and reasonable expenses for a participant with a birth-related neurological injury. Counseling can also be covered for immediate family members and other relatives who live with the participant. The plan does not pay for family care when another person or organization provides care at the same time, or when the family member is paid by another source for that time. Other state, federal, and private coverage can exclude expenses from compensation, except where federal law prevents that exclusion. The counseling limit is up to $10,000 per year during the participant’s life and up to $20,000 in total after the participant’s death.
A family member must keep major medical coverage for the participant. This applies to family members of plan participants. If the participant lacks coverage when a final compensation order is entered, the family member must obtain coverage within 60 days or apply for Medicaid within 30 days. If Medicaid denies the application, the family member must obtain other coverage within 60 days of the denial. The January 1, 2027, deadline applies to family members of people who were plan participants on June 30, 2026.
The association must reimburse Florida Medicaid for specified participant care payments and related costs. This applies to plan participants enrolled in Florida Medicaid for services covered under section 766.31. The reimbursement covers fee-for-service claims and capitation payments, as applicable, for services provided under the plan, plus related administrative and support costs. The Agency for Health Care Administration must credit the reimbursed funds to its Medical Care Trust Fund.
The Office of Insurance Regulation must authorize transfers to the association when the plan lacks enough cash for the next fiscal year. This concerns the Florida Birth-Related Neurological Injury Compensation Association and its board. Transfers authorized under this provision may total no more than $20 million over the life of the plan. The board may not create or expand benefits that add costs while the plan has an annual cash-flow deficit shown in its prior-year audited financial statements. This restriction does not bar benefits listed in section 766.31. The regulator must authorize a transfer within 30 days after finding that the plan lacks enough cash for the following fiscal year.
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Where it stands
- Introduced
- Passed Senate
- Passed House
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Jun 12Chapter No. 2026-127Latest
- Jun 11Approved by Governor Ron DeSantisBecame Law
- Jun 9Signed by Officers and presented to GovernorTo Governor
- Mar 17Ordered engrossed, then enrolledMinor
- Mar 13CS passed as amended; YEAS 96, NAYS 2Major
- Vote recorded Passage. Result: pass.Lower
- Mar 13Amendment 771754 Concur
- Mar 13Added to Senate Message List
- Mar 12In Messages
- Vote recorded Returning Messages. Result: pass.Upper
- Mar 12CS passed as amended; YEAS 39 NAYS 0Major
- Mar 12Concurred in House amendment(s) as amended (690561)
- Mar 12Amendment(s) to House amendment(s) adopted (771754)
- Mar 10In returning messages
- Vote recorded Passage, Third Reading. Result: pass.Lower
- Mar 10CS passed as amended; YEAS 112, NAYS 0Passed House
- Mar 10Read 3rd timeMinor
- Mar 10Added to Third Reading Calendar
- Mar 10Amendment 690561 adopted
- Mar 10Read 2nd timeMinor
- Mar 91st Reading (Committee Substitute 2)Minor
- Mar 9Bill added to Special Order Calendar (3/10/2026)
- Mar 9Bill referred to House Calendar
- Mar 5In Messages
- Vote recorded Third Reading. Result: pass.Upper
- Mar 5CS passed; YEAS 37 NAYS 0Passed Senate
- Mar 5Read 3rd timeMinor
- Mar 5Read 2nd timeMinor
- Mar 4CS/CS by Rules read 1st time
- Mar 4Placed on Special Order Calendar, 03/05/26
- Mar 4Placed on Calendar, on 2nd reading
- Mar 4Pending reference review -under Rule 4.7(2) - (Committee Substitute)
- Mar 3CS/CS by- Rules; YEAS 22 NAYS 0
- Vote recorded Favorable with Committee Substitute. Result: pass.Upper
- Feb 26CS by Appropriations Committee on Agriculture, Environment, and General Government read 1st time
- Feb 26On Committee agenda-- Rules, 03/03/26, 9:00 am, 412 Knott Building
- Feb 26Now in Rules
- Feb 26Pending reference review under Rule 4.7(2) - (Committee Substitute)
- Feb 25CS by Appropriations Committee on Agriculture, Environment, and General Government; YEAS 7 NAYS 2
- Vote recorded Favorable with Committee Substitute. Result: pass.Upper
- Feb 20On Committee agenda-- Appropriations Committee on Agriculture, Environment, and General Government, 02/25/26, 1:30 pm, 412 Knott Building
- Jan 28Now in Appropriations Committee on Agriculture, Environment, and General Government
- Vote recorded Favorable. Result: pass.Upper
- Jan 28Favorable by Banking and Insurance; YEAS 9 NAYS 1Minor
- Jan 23On Committee agenda-- Banking and Insurance, 01/28/26, 10:30 am, 412 Knott Building
- Jan 22IntroducedMinor
- Jan 16Referred to Banking and Insurance; Appropriations Committee on Agriculture, Environment, and General Government; RulesMinor
- Jan 9FiledIntroduced
Healthcare