Division of Administrative Hearings, Florida
Filed: Apr. 22, 2004
Whether Respondent's proposal to accept the claim as compensable should be approved. If so, the amount and manner of payment of the parental award, the amount owing for attorney's fees and costs incurred in pursuing the claim, and the amount owing for past expenses. Whether the hospital and the participating physicians gave the patient notice, as contemplated by Section 766.16, Florida Statutes, or whether the failure to give notice was excused because the patient had an "emergency medical condition," as defined by Section 395.002(9)(b), Florida Statutes, or the giving of notice was otherwise not practicable.The claim is compensable and an award was made contingent upon acceptance of benefits. It was also found that the hospital complied with the notice provisions of the plan, but the physicians did not.
