The 2024 Florida Statutes
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. . . determination could file a claim with the Florida Division of Administrative Hearings pursuant to § 766.301-766.316 . . . The process the parties adopted from § 766.301-766.316 to resolve petitions for custodial care benefits . . . expenses, including attorney’s fees, incurred in connection with the filing of a claim under ss. 766.301-766.316 . . .
. . . related to Florida’s Birth Related Neurological Injury Compensation Plan (Florida Statutes 766.301-766.316 . . .
. . . See §§ 766.301-766.316, Fla. Stat. (2007). . . . See § 766.316, Fla. Stat. (2007). . . .
. . . had provided the plaintiffs with notice that it participated in the NICA plan, as required by section 766.316 . . . NICA’s Notice Provision provides in full: 766.316. . . . an emergency medical condition as defined in s. 395.002(8)(b) or when notice is not practicable. § 766.316 . . . Further, due to the inclusion of the conjunctive word “and” in section 766.316, the Florida Supreme Court . . . The fact that UM has no obligation to provide notice of NICA participation, § 766.316, and therefore . . .
. . . Administrative Hearings finding that the hospital failed to provide sufficient notice pursuant to section 766.316 . . . finding that the hospital failed to provide the mother with sufficient notice under NICA. §§ 766.301 to 766.316 . . .
. . . Ojeda in his cross-appeal under section 766.316, Florida Statutes (2011). Dr. . . . Neurological, 977 So.2d 616 (Fla. 5th DCA 2008), wherein this court specifically held that under section 766.316 . . . raised by the claimant or other party, the factual determinations regarding the notice requirements in § 766.316 . . . the exclusive jurisdiction to make factual determinations as to whether the notice requirements in s. 766.316 . . .
. . . claims: The administrative law judge shall hear and determine all claims filed pursuant to ss. 766.301-766.316 . . . property, provided that such suit is filed prior to and in lieu of payment of an award under ss. 766.301-766.316 . . . provided in § 95.1 l(4)(b) that the limitations period "shall not apply to actions for which ss. 766.301-766.316 . . .
. . . whether notice of a health provider’s participation in NICA was properly given in accordance with section 766.316 . . . administrative law judge may bifurcate the proceeding addressing com-pensability and notice pursuant to s. 766.316 . . . provision of the Plan under section 766.303 because it failed to provide the requisite notice under section 766.316 . . . by the claimant or other party, the factual determinations regarding the notice requirements in s. 766.316 . . .
. . . The NICA notice requirement is set forth in section 766.316. . . .
. . . See § 766.316; see also Fla. Birth-Related Neurological Injury Comp. . . . property, provided that such suit is filed prior to and in lieu of payment of an award under ss. 766.301-766.316 . . . Pursuant to section 766.316, Florida Statutes, each hospital with a participating physician on its staff . . .
. . . . § 766.316. . . . The Supreme Court of Florida has very recently interpreted the notice requirements of section 766.316 . . . The plain language of section 766.316 does not, in any way, suggest that when a participating physician . . . The notice requirement of section 766.316 is easily satisfied. . . . Construing section 766.316, the supreme court has stated: “[I]n order to preserve their immune status . . .
. . . hospital with a participating physician on its staff, were required to provide notice under section 766.316 . . .
. . . PATIENT OF THE PLAN AND HIS OR HER PARTICIPATION IN THE PLAN SATISFY THE NOTICE REQUIREMENTS OF SECTION 766.316 . . . We hold that in order to satisfy the notice requirement of section 766.316, Florida Statutes (1997), . . . NICA are entitled to receive pre-delivery notice of their rights and limitations under the plan. § 766.316 . . . The plain language of section 766.316 does not, in any way, suggest that when a participating physician . . . Accordingly, we held that section 766.316 requires that health care providers give patients pre-delivery . . .
. . . This Plan, as established at sections 766.301 through 766.316, Florida Statutes, provides no-fault compensation . . . providers furnished the patient with notice of participation in the Plan in accordance with section 766.316 . . .
. . . recovery of “[reasonable expenses incurred in connection with the filing of a claim under ss. 766.301-766.316 . . .
. . . . §§ 766.301-766.316, Fla. Stat. (2007). . . .
. . . Injury Compensation Plan (NICA),, are excused from compliance with the notice requirements of section 766.316 . . . Because section 766.316 expressly adopts the definition of “emergency medical condition” set forth in . . . We believe that the holding in Alexander vitiates the pertinent provisions of section 766.316 because . . . This cannot be what the Legislature meant when it enacted section 766.316. . . . The test to determine when notice is required under the statute is practicability, see section 766.316 . . . Section 766.316, Florida Statutes (2002), provides in pertinent part: Notice to obstetrical patients . . . There, the court answered in the affirmative the following certified question: WHETHER SECTION 766.316 . . .
. . . PATIENT OF THE PLAN AND HIS OR HER PARTICIPATION IN THE PLAN SATISFY THE NOTICE REQUIREMENTS OF SECTION 766.316 . . .
. . . See § 766.316, Fla. Stat. (1997). Accordingly, we review the ALJ’s decision de novo. See Schur v. . . . Rather, this case involves the second exception, the requirement found in section 766.316 that notice . . . The Florida Supreme Court has interpreted section 766.316 to require as a condition precedent to the . . . First, Bay-front argues that the Galen court’s reading and application of section 766.316 suggests that . . . The ALJ included the following quote in his order: “Under section 766.316, therefore, notice on behalf . . .
. . . meaning of section 766.302(2); that the language of NICA’s brochure satisfied the requirements of section 766.316 . . . Florida Hospital disputes the ALJ’s finding that it failed to satisfy the notice requirements of section 766.316 . . . contain a “clear and concise explanation of the rights and limitations under NICA” as required by section 766.316 . . . Section 766.316 requires, in relevant part, that NICA “shall provide notice to the obstetrical patients . . . explanation [‘[t]o make plain or comprehensive’] of the patients’ rights and limitations under the plan.” § 766.316 . . .
. . . whether a healthcare provider has satisfied the “notice to obstetrical patients” requirement of section 766.316 . . . See § 766.316 ("Each hospital with a participating physician on its staff and each participating physician . . . Section 766.316 provides in part that the statutorily-required notice "shall be provided on forms furnished . . .
. . . This paragraph shall not apply to actions for which ss. 766.301-766.316 provide the exclusive remedy. . . .
. . . whether a health care provider has satisfied the ‘notice to obstetrical patients’ requirement of section 766.316 . . .
. . . whether a health care provider has satisfied the ‘notice to obstetrical patients’ requirement of section 766.316 . . .
. . . the Florida Birth-Related Neurological Injury Compensation Act as found in sections 766.301 through 766.316 . . . Section 766.316, Florida Statutes, is amended to read: 766.316 Notice to obstetrical patients of participation . . . We also note that a section 766.316 notice issue is peculiar to a NICA claim. . . . The 766.316 notice is not applicable to a common law tort or contract action. . . . See § 766.316, Fla. Stat. (2001); Galen, 696 So.2d at 310-11. . . . conclusion that the ALJ possessed jurisdiction to determine whether the notice mandated by section 766.316 . . . delegate to the ALJ the authority to determine this issue of whether the notice mandated by section 766.316 . . . not necessary under NICA for an ALJ to determine whether a party received notice pursuant to section 766.316 . . . concluding that the ALJ possesses jurisdiction to determine whether the notice mandated by section 766.316 . . . immunity from tort liability under section 766.303(2) and the related issue of notice under section 766.316 . . . that gives the ALJ any responsibility or authority to determine either (a) that notice under section 766.316 . . . compensation under the plan is alike available to claimants who received proper notice under section 766.316 . . . determination concerning tort immunity will turn on whether proper notice was given as required by section 766.316 . . .
. . . Section 766.316 of the Florida Statutes outlines the notice requirement as follows: 766.316. . . . an emergency medical condition as defined in s. 395.002(9)(b) or when notice is not practicable. § 766.316 . . . As noted above, section 766.316 of the Florida Statutes outlines NICA’s notice requirement. . . . Section 766.301 through section 766.316 of the Florida Statutes (2004) sets forth the provisions of Florida . . .
. . . evidentiary hearing on whether they properly complied with the notice requirements set forth in section 766.316 . . . ALJ the authority to determine whether notice of participation in NICA, which is required by section 766.316 . . . administrative law judge may bifurcate the proceeding addressing compensability and notice pursuant to s. 766.316 . . . whether notice of a health provider’s participation in NICA was properly given in accordance with section 766.316 . . . and not the circuit court, shall determine whether the provider in this case complied with section 766.316 . . .
. . . given notice of the Florida Birth-Related Neurological Injury Compensation Plan, as required by section 766.316 . . . under the Florida Birth-Related Neurological Injury Compensation Plan (“NICA”), sections 766.301 to 766.316 . . . Ortiz did not receive notice from the hospital regarding NICA in accordance with section 766.316, Florida . . . Section 766.316, Florida Statutes (2000), states: Each hospital with a participating physician on its . . . It cites the provision of section 766.316 which states, “Notice need not be given to a patient when the . . .
. . . However, the ALJ determined that TMRMC had not given Petersen the notice required by section 766.316, . . . The Florida Birth-Related Neurological Compensation Act, sections 766.301-766.316, Florida Statutes ( . . .
. . . NICA Plan notice was not given by the University physicians or the hospital as required by section 766.316 . . . Section 766.316 provides, in relevant part: Notice to obstetrical patients of participation in the plan . . . See § 766.316, Fla. Stat. (1998). Appellants argue that, since the ALJ properly concluded that Mrs. . . . See § 766.316, Fla. Stat. (1998). Appellants rely on Orlando Regional Healthcare System, Inc. v. . . . Section 766.316 was amended in 1998, pri- or to the baby's birth, to include the two exceptions to the . . .
. . . Definitions; ss. 766.301-766.316 As used in ss. 766.301-766.316, the term: ⅜ ⅝ ⅝ ⅜ ⅜ ⅛ (2) “Birth-related . . . claims The administrative law judge shall hear and determine all claims filed pursuant to ss. 766.301-766.316 . . . Section 766.316 of the Florida Statutes outlines the notice requirement as follows: 766.316. . . . an emergency medical condition as defined in s. 395.002(9)(b) or when notice is not practicable. § 766.316 . . . See § 766.316, Fla. Stat. (2003). . . .
. . . Florida Birth-Related Neurological Injury Compensation Plan (“NICA plan”) contained in sections 766.301-766.316 . . . has jurisdiction to make factual findings concerning whether the notice requirement found in section 766.316 . . . property, provided that such suit is filed prior to and in lieu of payment of an award under ss. 766.301-766.316 . . . Section 766.316, Florida Statutes (1997), provides, that "[e]ach hospital with a participating physician . . .
. . . Section 766.316, Florida Statutes (1999) describes the notice requirement as follows: Each hospital with . . .
. . . has jurisdiction to decide whether the obstetrical patient was given the notice required by section 766.316 . . .
. . . of the defendants (one doctor and the hospital) failed to give the proper notice required by section 766.316 . . .
. . . that gives the ALJ any responsibility or authority to determine either (a) that notice under section 766.316 . . .
. . . current version of the statute provides that "[a]n award may not be made or paid under ss. 766.301-766.316 . . . See §§ 766.302(2), 766.303(2), 766.316, Fla. Stat. (1988); §§ 766.302(2), 766.303(2), 766.316, Fla. . . .
. . . jurisdiction of the ALJ to determine whether she received the required notice, pursuant to section 766.316 . . . See § 766.316, Fla. Stat. (2001); Galen, 696 So.2d at 310-11. . . . indicated that a participating physician’s failure to provide the required NICA notice under section 766.316 . . . form raises a rebuttable presumption that the notice requirements of this section have been met.” § 766.316 . . . Section 766.316, Florida Statutes (2001), provides: Notice to obstetrical patients of participation in . . .
. . . Braniff, 696 So.2d 308, 309 (Fla.1997); see also § 766.316 (“Each hospital with a participating physician . . . administrative law judge may bifurcate the proceeding addressing compensability and notice pursuant to s. 766.316 . . .
. . . administrative law judge may bifurcate the proceeding addressing compensability and notice pursuant to s. 766.316 . . .
. . . The version of the plan applicable here is found in sections 766.301 through 766.316, Florida Statutes . . . Section 766.316 requires that “[ejach hospital with a participating physician on its staff and each participating . . . property, provided that such suit is filed prior to and in lieu of payment of an award under ss. 766.301-766.316 . . . immunity from tort liability under section 766.303(2) and the related issue of notice under section 766.316 . . . Section 766.316 was also amended in 1998. See § 766.316, Fla. Stat. (Supp.1998). . . .
. . . provides: The administrative law judge shall hear and determine all claims filed pursuant to ss. 766.301-766.316 . . .
. . . There, this court held that the specific notice requirements of section 766.316, Florida Statutes (1997 . . . There this court stated, [S]ection 766.316 requires “[e]ach hospital with a participating physician on . . . Section 766.316 as interpreted in Schur establishes that proper notice be given as a condition precedent . . . Thus section 240.215, like section 766.316, requires proper notice as a condition precedent to invoke . . .
. . . Bayfront facility for delivery, the hospital failed to provide Kocher with the notice required by section 766.316 . . .
. . . recovery: The administrative law judge shall hear and determine all claims filed pursuant to ss. 766.301-766.316 . . . An action may not be brought under ss. 766.801-766.316 if the claimant recovers or final judgment is . . .
. . . Marijane Boyd’s failure to provide the required notice under section 766.316, Florida Statutes (Supp.1998 . . . Section 766.316 requires participating physicians in the Florida Birth-Related Neurological Injury Compensation . . . Section 766.316 provides, in pertinent part, that each hospital and participating physician under the . . . who have a reasonable opportunity to give notice and fail to give pre-delivery notice under section 766.316 . . . Furthermore, section 766.316 requires “[ejach hospital with a participating physician on its staff and . . .
. . . common law remedies must be evidenced "prior to and in lieu of payment of an award under ss. 766.301-766.316 . . .
. . . . § 766.316. Because NICA failed to provide the forms of notice to Dr. . . . Section 766.316, Florida Statutes (Supp. 1988), provided: Notice to obstetrical patients of participation . . . Feld joined NICA in November 1988, and that NICA sent forms required by section 766.316 for the first . . . Braniff, 696 So.2d 308 (Fla.1997)(holding that the pre-delivery notice required by section 766.316 was . . . association and any income therefrom should be disbursed only for the payment of awards under ss. 766.301-766.316 . . .
. . . s participation in Florida’s Birth-Related Injury Compensation Plan (the Plan), pursuant to section 766.316 . . . Florida’s Birth-Related Neurological Injury Compensation Act (sections 766.301 — 766.316, Florida Statutes . . . Section 766.316, Florida Statutes, is amended to read: 766.316 Notice to obstetrical patients of participation . . . We also note that a section 766.316 notice issue is peculiar to a NICA claim. . . . The 766.316 notice is not applicable to a common law tort or contract action. . . .
. . . The administrative law judge shall hear and determine all claims filed pursuant to ss. 766.301-766.316 . . . An action may not be brought under ss. 766.301-766.316 if the claimant recovers or final judgment is . . .
. . . 766.308, Florida Statutes (1995) provides: (1) Each claim filed with the division under ss. 766.301-766.316 . . .
. . . Galen of Florida, Inc., 669 So.2d 1051 (Fla. 1st DCA 1995): WHETHER SECTION 766.316, FLORIDA STATUTES . . .
. . . question certified by the First District Court of Appeal to be of great public importance: WHETHER SECTION 766.316 . . . The Braniffs maintained that as a condition precedent to asserting NICA exclusivity, section 766.316 . . . The trial court dismissed the civil action, concluding that section 766.316 does not require pre-delivery . . . Section 766.316 provides in pertinent part: Each hospital with a participating physician on its staff . . . Without exception the district courts of appeal that have addressed the issue have read section 766.316 . . . The notice provision, section 766.316, Fla. . . .
. . . District Court of Appeal certified the following question to be of great public importance: Does § 766.316 . . .
. . . This appeal raises questions concerning whether the notice required to be given under section 766.316 . . . the claimant families, ruled (i) that the pre-delivery notice to the obstetric patient under section 766.316 . . . On appeal the health care providers argue that notice under section 766.316 is not a condition precedent . . . In addition to finding that section 766.316 required pre-delivery notice as a condition precedent to . . . In Braniff, this court held that the notice of NICA participation required by section 766.316 must be . . .
. . . injuries pursuant to the Florida Birth-Related Neurological Injury Compensation Plan, sections 766.301-766.316 . . .
. . . 766.304 provides: The hearing officer shall hear and determine all claims filed pursuant to ss. 766.301-766.316 . . . birth-related neurological injury shall be tolled by the filing of a claim in accordance with ss. 766.301-766.316 . . .
. . . notice by the doctor of his participation in the appellee/as-soeiation (NICA) as required by the section 766.316 . . . reliance on NICA, we certify to the supreme court the same question certified in Bradford: DOES SECTION 766.316 . . .
. . . but contended in the administrative proceeding that they were not given notice as required by section 766.316 . . . Broward Hospital, 664 So.2d 65 (Fla. 4th DCA 1995), we concluded that the notice required by section 766.316 . . . as we did in Mills, certify the following question as one of great public importance: DOES SECTION 766.316 . . . The notice provision, section 766.316, Fla. . . .
. . . (NICA), but did so under protest contending that they were not given notice as required by section 766.316 . . . First, they contend that the notice requirement of section 766.316 is a condition precedent to the applicability . . . certify the same question as that certified in Mills as being of great public importance: DOES SECTION 766.316 . . .
. . . We join the first district in certifying the following question to the supreme court: “Does § 766.316 . . .
. . . specifically for a determination that the defendants’ failure to comply with the notice provisions of section 766.316 . . . Weekly D2239 (Fla. 5th DCA Oct. 21, 1994), held that under section 766.316, Florida Statutes, pre-delivery . . .
. . . precluded by Florida’s Birth-Related Neurological Injury Compensation Act (NICA), sections 766.301-766.316 . . . Specifically, section 766.316, Florida Statutes (1993), requires that participating hospitals and physicians . . . According to the trial court, section 766.316 did not specifically require that notification precede . . . We reject this suggestion because the language in section 766.316 indicates that mandatory notification . . . we find it a matter of great public importance, we certify the following question: WHETHER SECTION 766.316 . . .
. . . provision of Florida’s Birth-Related Neurological Injury Compensation Act (NICA), sections 766.301-766.316 . . . Section 766.316, Florida Statutes (1993) provides: Each hospital with a participating physician on its . . .
. . . property, provided that such suit is filed prior to and in lieu of payment of an award under ss. 766.301-766.316 . . . for more public awareness of the Plan, and a patient’s rights and limitations under the Plan, Section 766.316 . . .
. . . brought under the Florida Birth-Related Neurological Injury Compensation Act (the Act), sections 766.301-766.316 . . .
. . . injury: (c) Reasonable expenses incurred in connection with the filing of a claim under ss. 766.301-766.316 . . . statute authorizes attorney’s fees “incurred in connection with the filing of a claim under ss. 766.301-766.316 . . . t]he judge of compensation claims shall hear and determine all claims filed pursuant to ss. 766.301-766.316 . . .
. . . See §§ 766.301 to 766.316, Fla.Stat. (1989). . . .