Participation in the Plan provides eligible children with lifetime benefits for catastrophic claims resulting from certain birth-related neurological injuries. Claims are resolved in a timely manner without assessment of fault. In order to participate, a physician must:
- Be licensed to practice medicine in Florida
- Practice obstetrics or perform obstetrical services on a full or part-time basis; and
- Have paid, or been exempted from paying, the required assessment when the incident occurred.
The NICA Plan is funded by a combination of state funds, physician fees, and hospital assessments. An OBGYN wishing to participate in the NICA Plan is required to pay a $5,000 fee each calendar year.
It is now possible to pay this fee online by clicking on the 'Pay Online'
button in the above navigation.
In addition to payment of NICA annual fees, Florida law that participating physician and hospitals with participating physicians on staff give notice to their obstetrical patients of the Plan using forms provided by NICA. A brochure, entitled "Peace of Mind for an Unexpected Problem" has been prepared by NICA for hospitals and participating physicians. The giving of such brochure to the obstetric patient has been held to satisfy the notice requirement of Florida law. Copies are available free of charge from NICA in 12 different languages.
This section of the NICA web site provides information on how to participate in the NICA Plan, and examples of the forms and procedures provided and recommended for giving notice to patients in accordance with Florida law.
Physicians and hospitals should rely upon their own legal counsel's interpretation of
Section 766.316, Florida Statutes, with regard to providing notice and timeliness of notice, and actions to take in the event a patient refuses to acknowledge receipt of this notice.
