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SB 1668

Florida Birth-Related Neurological Injury Compensation Association

2026 Regular Session Introduced by Colleen Burton

SB 1668 creates a no-fault compensation program for severe birth-related neurological injuries, replacing some litigation with faster administrative claims funded by healthcare providers.

Chapter No. 2026-127
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Bill Summary · SB 1668

Legislative bill overview

SB 1668 establishes the Florida Birth-Related Neurological Injury Compensation Association, a no-fault insurance program designed to compensate families whose children suffer severe neurological injuries during birth. The bill creates an alternative to medical malpractice litigation by providing faster compensation through an administrative process funded by participating hospitals and healthcare providers.

Why is this important

Birth-related neurological injuries (such as cerebral palsy) can result in lifetime care costs exceeding $1 million per child. This program aims to reduce litigation expenses and court delays while ensuring injured children receive compensation promptly. It also shields healthcare providers from some malpractice liability, potentially affecting healthcare costs and access to obstetric services.

Potential points of contention

  • Liability shield implications: Healthcare providers gain significant protection from lawsuits, which consumer advocates may argue reduces accountability and incentives for safety improvements
  • Funding mechanism and costs: The program requires hospital/provider contributions; disputes may arise over how costs are distributed and whether they're passed to patients through higher insurance premiums or out-of-pocket costs
  • Compensation adequacy: Questions about whether predetermined benefit schedules fairly compensate all severe cases compared to what families might recover through litigation
  • Eligibility criteria: The specific neurological injuries covered and threshold requirements for compensation could exclude some families with birth-related injuries

Compiled from official sources — confirm details with the bill’s official record.

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