January Report

According to 766.315 (7), Florida Statutes:
The association shall publish a report on its website by January 1, 2022, and every January 1, thereafter. The report shall include:

(a)   The names and terms of each board member and executive staff member. (See Board of Directors and Executive Staff Members)
(b)   The amount of compensation paid to each association employee. (See November 2024 Report, page 8)
(c)   A summary of reimbursement disputes and resolutions. (See November 2024 Report, page 5)

Additionally, there were two NICA families that filed petitions with the Division of Administrative Hearings seeking review of NICA’s denial of requests for reimbursement of certain expenses.

One petition involved the Petitioners requested review of NICA’s denial of additional payments for nursing services received and for family care provided beyond what they had already agreed to and received from NICA.  The Administrative Law Judge entered an order determining that the Petitioners failed to establish that they were entitled to the additional funding over and above the funds already received.  The Petitioners appealed the Administrative Law Judge’s Final Order.  On appeal, the Appellate Court affirmed the Final Order entered by the Administrative Law Judge.

The second petition involved an issue regarding the payment of mileage expenses associated with obtaining legal guardianship of the NICA participant. Ultimately, the petition was voluntarily dismissed, and the parties reached a resolution.

(d)   A list of expenditures for attorney fees and lobbying fees.

Expenditures for Attorney Fees and Lobbying Fees For the Fiscal Year Ending 6/30/2024

General Counsel $130,000
Representation of NICA in Claims Process $496,161
HIPAA/Public Records $21,015
Medicaid Litigation $15,296­­
Physician Demand/Legal $4,175
Other Litigation $5,950
Legislative $100,000

(e)   Other expenses to oppose each plan claim. Any personal identifying information of the parent, legal guardian, or child involved in the claim must be removed from this list.

In order to respond to claims filed with the Division of Administrative Hearings (DOAH), NICA incurs expenses whether or not the claim is compensable. These expenses include some or all of the following: obtaining copies of the medical records; records review by its experts; the conduct of an independent medical examination (“IME”); and related travel costs for the claimants related to the IME. These expenses are related to the process of filing a claim and are not expenses incurred to “oppose each plan claim”. Attorneys are also involved in this process and those fees are included in the schedule in response to item d above.

Other Expenses Related to the DOAH Claims Process For the Fiscal Year Ending 6/30/2024

Compensability Examinations $270,958
Record review and deposition $11,200
Medical record duplication $21,621
Attorney cost reimbursement $42,739
Division of Administrative Hearing – Fees $73,044
Other $2,080