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The law creating the program
says it offers lifetime expenses for
"medically necessary and
reasonable medical and hospital, habilitative and training, family residential
or custodial care, professional residential, and custodial care and service, for
medically necessary drugs, special equipment, and facilities, and for related
travel."
"Family residential or
custodial care" means care normally rendered by trained professional attendants
which is beyond the scope of child care duties, but which is provided by family
members. Family members who provide nonprofessional residential or custodial
care may not be compensated under this act for care that falls within the scope
of child care duties and other services normally and gratuitously provided by
family members. Family residential or custodial care shall be performed only at
the direction and control of a physician when such care is medically necessary.
Reasonable charges for expenses for family residential or custodial care
provided by a family member shall be determined as follows:
(a) If the family member is not employed, the per-hour value equals the federal
minimum hourly wage.
(b) If the family member is employed and elects to leave that employment to
provide such care, the per-hour value of that care shall equal the rates
established by Medicaid for private duty services provided by a home health
aide. A family member or a combination of family members providing care in
accordance with this definition may not be compensated for more than a total of
10 hours per day. Family care is in lieu of professional residential or
custodial care, and no professional residential or custodial care may be awarded
for the period of time during the day that family care is being provided."
Parents may
also recover compensation for themselves of a one time cash award of up to
$100,000, the sum of $10,000 for death benefits if the child dies, and attorneys
fees and expenses for an attorney assisting the family in obtaining NICA
benefits.
Serving All of Florida - Free Consultation
Our services are free to you because in NICA cases our attorneys' fees and any expenses we incur are paid by NICA on top of your award. In other words, our services do not reduce the amount of your recovery in any way.
ORLANDO 390 North Orange Avenue Suite 140 Orlando, Florida 32801 Phone: (407) 843-0126
 Map and Directions | TAMPA BAY 2202 North West Shore Blvd. Suite 200 Tampa, Florida 33607 Phone: 813-639-7644
 Map and Directions | JACKSONVILLE 10151 Deerwood Park Blvd. Bld. 200, Suite 250 Jacksonville, Florida 32256 Phone: 904-371-3518
 Map and Directions | MIAMI 201 South Biscayne Blvd 28th Floor Miami, Florida 33131 Phone: 1-800-974-4929
 Map and Directions | WEST PALM BEACH 777 South Flagler Ave. Suite 800 - West Tower 4 West Palm Beach, Florida 32256 Phone: 1-800-974-4929
 Map and Directions | FORT LAUDERDALE 110 East Broward Blvd Suite 1700 Fort Lauderdale, Florida 33301 Phone: 1-800-974-4929
 Map And Directions | SARASOTA 1990 Main Street Suite 750 Sarasota, Florida 34236 Phone: 941-309-5144
 Map and Directions | ATLANTA 3455 Peachtree Road N.E. 5th Floor Atlanta, Georgia 30326 Phone: 1-800-974-4929
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This site contains only general background information and is not intended to constitute specific legal advice or establish an attorney/client relationship. Malpractice laws vary from state to state and are constantly changing. If you think you may have a malpractice case you should promptly contact a lawyer in your state with experience in handling malpractice cases. | Copyright 1997-2010 - McMillen Law Firm * A Professional Association All rights are reserved. No articles, notes, outlines, or other materials may be stored on the Internet or sold or placed by themselves or with other material in any written or electronic format in whole or part. However materials may be referenced by appropriate links to the site. |
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