Filing a Claim
Known as NICA, the Florida Birth-Related Neurological Injury Compensation Plan provides a wide range of benefits.
The Florida Birth-Related Neurological Injury Compensation Plan, commonly referred to as NICA, offers extensive benefits to children who have suffered brain or spinal cord injuries due to oxygen deprivation or physical trauma during labor, delivery, or shortly after birth.
Page at a Glance
Who is eligible?
Known as NICA, the Florida Birth-Related Neurological Injury Compensation Plan provides a wide range of benefits to a child who has sustained a brain or spinal cord injury caused by oxygen deprivation or mechanical injury during labor, delivery, or in the immediate post-delivery period. See: Section 766.302(2), Florida Statutes.
Eligibility Criteria
If your child meets ALL of the following criteria, then they may be eligible for the NICA program:
- Born in a hospital in the state of Florida
- Sustained a brain or spinal cord injury caused by oxygen deprivation or mechanical injury occurring in the course of labor, delivery, or resuscitation in the immediate post-delivery period
- Rendered permanently and substantially mentally and physically impaired
- Obstetrical services were provided by a physician who participates in the NICA program or a certified nurse midwife practicing under a participating physician’s supervision in the course of labor, delivery, or resuscitation in the immediate post-delivery period in a hospital
- A live infant weighing:
- at least 2,500 grams at birth for a single gestation
- at least 2,000 grams at birth for a multiple gestation
- Disability or death was not caused by genetic or congenital abnormality
Additionally, there is a time limit on filing a claim. A petition for benefits must be filed by the child’s fifth (5th) birthday.
Participating Providers
Please note that new participants are added throughout the year and some healthcare providers may not be listed. Contact NICA if you have any questions about participating providers.
NICA Benefits
Compensation from the NICA Plan may help to provide for the following:
Expenses
Actual expenses for all necessary and reasonable care, services, drugs, equipment, facilities, and travel, excluding expenses that can be compensated by state or federal governments or by private insurers.
Cash Award
A one-time cash award of $281,377.20*, to the parents or guardians.
*This amount is for 2025. The amount is increased by 3% each January 1.
Death Benefit
A death benefit in the amount of $50,000.
Legal Expenses
Reasonable expenses for filing the claim, including attorney’s fees pursuant to the provisions of Section 766.31, Florida Statutes.
Eligibility Determination
A potentially eligible family will need to file a petition through the Division of Administrative Hearings (DOAH). Once a claim is opened at DOAH, the medical records are reviewed by NICA, as well as medical experts. For most claims, an independent medical evaluation is done as well. NICA will respond to the Petition for Benefits and an Administrative Law Judge will determine eligibility. A claim must meet all criteria for coverage as defined by Sections 766.301-766.316, Florida Statutes.
What's covered?
Learn more about what NICA covers
Covered by NICA
NICA is authorized to pay for all “medically necessary and reasonable” actual expenses (including insurance co-pays), including but not limited to:
- Nursing / Custodial Care
- Hospital, Medical, and some Dental Treatment
- Medication
- Equipment
- Supplies
- Therapy
- Related travel
NICA is also authorized to provide the following benefits:
- One-time Parent Award of $281,377.50*
- Death Benefit of $50,000
- Mental Health Services for family members (up to $10,000 per year)
- Reliable Transportation
- One-time Housing Assistance of $100,000
- Health insurance premiums for the NICA individual
- Reasonable expenses for filing the claim, including attorney’s fees
*This amount is for 2025. The amount is increased by 3% each January 1.
Not Covered by NICA
NICA does not cover items funded by another state or federal program, or items that are (or could be) covered by private insurance.