The 2023 Florida Statutes (including Special Session C)
|
||||||
|
. . . other than residents, assistant residents, and interns deemed to be participating physicians under s. 766.314 . . .
. . . Moreover, section 766.314(9)(a), Florida Statutes (2010), provides that [w]ithin 60 days after a claim . . . compensation under the Plan that could reasonably be referred to as “non-economic damages” under section 766.314 . . .
. . . . § 766.314(1), (4). . . . Id. § 766.314(4)(a). . . . Id. § 766.314(4)(c), (5)(a). . . .
. . . Financing for the fund was provided through assessments made against hospitals and physicians (see section 766.314 . . . See §§ 766.302(7) and 766.314(4)(c). . . .
. . . In Coy, the supreme court approved this Court’s opinion declaring valid section 766.314, Florida Statutes . . .
. . . For example, on the assessment side of the equation, sections 766.314(5)(b) and (c) provide that if existing . . . On the compensation side, section 766.314(9)(c) provides that if funds on hand are insufficient to cover . . . claim is not accepted because of the above provision, the Plan ceases to be the exclusive remedy. § 766.314 . . .
. . . In response, the Andersons claim that the ALJ correctly interpreted section 766.314(4)(c) as requiring . . . The ALJ’s Interpretation of Section 766.314 The Plan treats certified nurse midwives as “participating . . . The ALJ interpreted section 766.314(4)(c) to require proof that the prearranged plan of treatment was . . . We conclude that the ALJ’s interpretation of section 766.314(4)(c) was erroneous. . . . Thus, based on the plain language of section 766.314(4)(c), a “prearranged plan of treatment” is not . . .
. . . should not be able to invoke section 766.303(2) exclusivity if the nurse-midwife did not pay the section 766.314 . . .
. . . other than residents, assistant residents, and interns deemed to be participating physicians under s. 766.314 . . .
. . . . § 766.314(4). . . . . § 766.314(4), (5). . . . See § 766.314(4)(a), (5)(a). . . . injuries by choosing to participate in the Plan and pay the higher assessments described in section 766.314 . . . other than residents, assistant residents, and interns deemed to be participating physicians under s. 766.314 . . .
. . . other than residents, assistant residents, and interns deemed to be participating physicians under s. 766.314 . . .
. . . other than residents, assistant residents, and interns deemed to be participating physicians under s. 766.314 . . . other than residents, assistant residents, and interns deemed to be participating physicians under s. 766.314 . . . Stat. (1997); see also §§ 766.314-.315, Fla. Stat. . . .
. . . other than residents, assistant residents, and interns deemed to be participating physicians under s. 766.314 . . .
. . . other than residents, assistant residents, and interns deemed to be participating physicians under s. 766.314 . . .
. . . other than residents, assistant residents, and interns deemed to be participating physicians under s. 766.314 . . .
. . . other than residents, assistant residents, and interns deemed to be participating physicians under s. 766.314 . . .
. . . other than residents, assistant residents, and interns deemed to be participating physicians under s. 766.314 . . .
. . . . § 766.314. . . .
. . . A scheme of assessments on physicians and hospitals to fund the plan is set forth in section 766.314. . . .
. . . Feld responds that section 766.314(3) states that “funds collected by the association and any income . . .
. . . See § 766.314(4)(c), Fla. Stat. (1999). Thus, the parties agreed that Ms. . . . Moreover, the administrative law judge mistakenly concluded that the language in section 766.314(4)(c . . . Section 766.314(4)(e) provides, in part, that a nurse midwife may become a “participating physician” . . . issue would be the same, without the confusion created by the involvement of the midwife and section 766.314 . . . Section 766.314(4)(c), Florida Statutes (1999) provides, in part: Participating physicians include any . . .
. . . other than residents, assistant residents, and interns deemed to be participating physicians under s. 766.314 . . .
. . . other than residents, assistant residents, and interns deemed to be participating physicians under s. 766.314 . . .
. . . Each resident physician was deemed an NICA participating physician pursuant to section 766.314(4)(c), . . . other than residents, assistant residents, and interns deemed to be participating physicians under s. 766.314 . . .
. . . other than residents, assistant residents, and interns deemed to be participating physicians under s. 766.314 . . .
. . . other than residents, assistant residents, and interns deemed to be participating physicians under s. 766.314 . . .
. . . . § 766.314(4)(a)(b); Coy v. . . . Birth-Related Neurological Compensation Plan, 595 So.2d 943 (Fla.1992) (upholding constitutionality of section 766.314 . . . Obstetricians who decide to participate pay a much higher assessment. § 766.314(4)(c). . . . Commissioner’s Regulatory Trust Fund and, in certain circumstances, casualty insurance companies. § 766.314 . . .
. . . Section 631.371 (Alternative seizure order provision involving Department of Insurance) (x) Section 766.314 . . .
. . . . § 766.314. The NICA assessments constitute a tax. Coy v. . . .
. . . Those who join pay an annual assessment of at least $5000. § 766.314(4)(c), Fla.Stat. (1989). . . . . § 766.314(4)(b), Fla. Stat. (1989). . . . . § 766.314(4)(a), Fla.Stat. (1989). . . . . § 766.314(5), (7), Fla.Stat. (1989). . . . We hold that section 766.314 is constitutionally valid and approve the decision below. . . .
. . . Chapter 88-1, as amended by Sections 39 and 41 of Chapter 88-277, Laws of Florida, codified as Section 766.314 . . . Section 73 of Chapter 88-1, as amended by Sections 39 and 41 of Chapter 88-277, and codified as Section 766.314 . . .