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HB 1291

Florida Birth-Related Neurological Injury Compensation Association

2026 Regular Session Introduced by Adam Anderson and 1 co-sponsor

HB 1291 creates a no-fault compensation program for infants with birth-related neurological injuries, replacing some malpractice litigation with expedited claims funded by healthcare providers.

Laid on Table, refer to CS/CS/SB 1668
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Bill Summary · HB 1291

Legislative bill overview

HB 1291 establishes the Florida Birth-Related Neurological Injury Compensation Association, a no-fault insurance program designed to compensate families whose infants suffer serious neurological injuries during birth. The bill creates an alternative to traditional medical malpractice litigation by providing expedited compensation through a dedicated fund supported by participating healthcare providers and hospitals.

Why is this important

Birth-related neurological injuries (such as cerebral palsy) can result in lifetime care costs exceeding $1 million per child, placing enormous financial and emotional burdens on families. This program addresses a gap in Florida's healthcare system by offering faster, more predictable compensation compared to lengthy malpractice lawsuits, while potentially reducing litigation costs and defensive medicine practices that increase healthcare expenses.

Potential points of contention

  • Funding mechanism: How healthcare providers and hospitals will be assessed to fund the program, potentially raising healthcare costs that could be passed to consumers and insurers
  • Eligibility criteria: Determining which neurological injuries qualify for compensation and whether the threshold is too restrictive or too broad, affecting both injured families and provider liability exposure
  • Impact on legal rights: Whether participating in the program limits families' ability to pursue traditional malpractice lawsuits, and whether compensation levels are adequate compared to what courts might award

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

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