Florida’s overdue reforms will do better by brain-damaged children and their families | Opinion
The Florida Birth-Related Neurological Injury Compensation Association (NICA) was established to ensure children who suffer brain damage because of oxygen deprivation at birth are medically cared for throughout their lives — and that their families are appropriately compensated.
However, since its inception in 1988, NICA, meant to help struggling families who relied on it for everything from diapers to feeding tubes to beds, failed them time and again.
It was time for the Legislature to step in and I was honored to spearhead an effort to reform NICA and fix its wrongs this session. Gov. DeSantis signed that legislation, Senate Bill 1786, into law this week and I appreciate his support. As a result, NICA families will see immediate changes to the program.
Under NICA, parents receive an initial one-time payment, which now will immediately increase from $100,000 to $250,000. This increase is not just for the future; it is retroactive to benefit all parents with children currently in the program. NICA families that already have received the $100,000 one-time payment will get a $150,000 check by July 1 to bring their payment up to the new amount.
Additionally, the legislation increases the stipend to assist families in modifying their homes to make them handicap-accessible from $30,000 to $100,000, and increases the death benefit from $10,000 to $50,000. This is also retroactive, so any parents who have suffered the devastating loss of a child since the program first began will receive a check by July 1 as well to ensure they have been compensated the full amount.
Recognizing the emotional toll family members experience, a new $10,000 annual benefit also has been added to provide mental-healthcare services to the immediate families of NICA members.
These benefit increases were very much needed and will go a long way to provide better care and services for children and families in the program.
We also understood that there were deeper problems within the program itself and how it was being administered. In addition to these benefit increases, the legislation also increases NICA accountability and transparency and requires the association to promote and protect the health and best interests of the children in the program. It also reforms how the program is governed by adding two new seats to the board of directors, including the parent or legal guardian of a child in the NICA program as well as an advocate for children with disabilities.
These reforms are an important step in the right direction. It is my hope that these changes will serve as a light at the end of a very dark tunnel for the hundreds of NICA families who have struggled to receive the benefits, care and services they need and deserve.
I thank Sen. Lauren Book, who co-sponsored this important legislation with me, Senate President Wilton Simpson, who paved the way to get this legislation passed with unanimous support, and House Speaker Chris Sprowls and Rep. Traci Koster, who led the charge in the Florida House. Florida’s Chief Financial Officer Jimmy Patronis was outspoken about his desire to improve this program for affected families and supported legislative reform.
We never will forget the powerful stories we heard from NICA families. They still deserve so much more, and I promise to always be their advocate.
Republican state Sen. Danny Burgess represents District 20, which includes parts of Polk, Pasco and Hillsborough counties.
