Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. SB 1410
       
       
       
       
       
       
                                Barcode 657850                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/04/2011           .                                
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       The Committee on Health Regulation (Gardiner) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (2) and paragraph (c) of subsection
    6  (4) of section 381.026, Florida Statutes, are amended to read:
    7         381.026 Florida Patient’s Bill of Rights and
    8  Responsibilities.—
    9         (2) DEFINITIONS.—As used in this section and s. 381.0261,
   10  the term:
   11         (a) “Department” means the Department of Health.
   12         (b) “Health care facility” means a facility licensed under
   13  chapter 395.
   14         (c) “Health care provider” means a physician licensed under
   15  chapter 458, an osteopathic physician licensed under chapter
   16  459, or a podiatric physician licensed under chapter 461.
   17         (d) “Primary care provider” means a health care provider
   18  who provides medical services to patients which are commonly
   19  provided without referral from another health care provider,
   20  including a health care provider who practices family medicine,
   21  general medicine, general pediatrics, or general internal
   22  medicine.
   23         (e)(d) “Responsible provider” means a health care provider
   24  who is primarily responsible for patient care in a health care
   25  facility or provider’s office.
   26         (4) RIGHTS OF PATIENTS.—Each health care facility or
   27  provider shall observe the following standards:
   28         (c) Financial information and disclosure.—
   29         1. A patient has the right to be given, upon request, by
   30  the responsible provider, his or her designee, or a
   31  representative of the health care facility full information and
   32  necessary counseling on the availability of known financial
   33  resources for the patient’s health care.
   34         2. A health care provider or a health care facility shall,
   35  upon request, disclose to each patient who is eligible for
   36  Medicare, before in advance of treatment, whether the health
   37  care provider or the health care facility in which the patient
   38  is receiving medical services accepts assignment under Medicare
   39  reimbursement as payment in full for medical services and
   40  treatment rendered in the health care provider’s office or
   41  health care facility.
   42         3. A primary care provider may publish a schedule of
   43  charges for the medical services that the provider offers to
   44  patients. The schedule must include the prices charged to an
   45  uninsured person paying for such services by cash, check, credit
   46  card, or debit card. The schedule must be posted in a
   47  conspicuous place in the reception area of the provider’s
   48  office, and the posting must be at least 15 square feet in size.
   49  The schedule must include, but need not be limited to, the 50
   50  services most frequently provided by that primary care provider.
   51  The schedule may group the services by three price levels,
   52  listing the services in each price level. A primary care
   53  provider who publishes and maintains such a schedule is exempt
   54  from the continuing education requirements of chapter 456 and
   55  rules implementing those requirements for a single 2-year
   56  period.
   57         4.3. A health care provider or a health care facility
   58  shall, upon request, furnish a person, before the prior to
   59  provision of medical services, a reasonable estimate of charges
   60  for such services. The health care provider or the health care
   61  facility shall provide an uninsured person, before prior to the
   62  provision of a planned nonemergency medical service, a
   63  reasonable estimate of charges for such service and information
   64  regarding the provider’s or facility’s discount or charity
   65  policies for which the uninsured person may be eligible. Such
   66  estimates by a primary care provider must be consistent with the
   67  prices listed on the schedule that is posted under subparagraph
   68  3. Estimates must shall, to the extent possible, be written in a
   69  language comprehensible to an ordinary layperson. Such
   70  reasonable estimate does shall not preclude the health care
   71  provider or health care facility from exceeding the estimate or
   72  making additional charges based on changes in the patient’s
   73  condition or treatment needs.
   74         5.4. Each licensed facility not operated by the state shall
   75  make available to the public on its Internet website or by other
   76  electronic means a description of and a link to the performance
   77  outcome and financial data that is published by the agency
   78  pursuant to s. 408.05(3)(k). The facility shall place a notice
   79  in the reception area that such information is available
   80  electronically and the website address. The licensed facility
   81  may indicate that the pricing information is based on a
   82  compilation of charges for the average patient and that each
   83  patient’s bill may vary from the average depending upon the
   84  severity of illness and individual resources consumed. The
   85  licensed facility may also indicate that the price of service is
   86  negotiable for eligible patients based upon the patient’s
   87  ability to pay.
   88         6.5. A patient has the right to receive a copy of an
   89  itemized bill upon request. A patient has a right to be given an
   90  explanation of charges upon request.
   91         Section 2. This act shall take effect July 1, 2011.
   92  
   93  ================= T I T L E  A M E N D M E N T ================
   94         And the title is amended as follows:
   95         Delete everything before the enacting clause
   96  and insert:
   97                        A bill to be entitled                      
   98         An act relating to a patient’s bill of rights and
   99         responsibilities; amending s. 381.026, F.S.; defining
  100         the term “primary care provider” as it relates to the
  101         Florida Patient’s Bill of Rights and Responsibilities;
  102         authorizing a primary care provider to publish and
  103         post a schedule of certain charges for medical
  104         services offered to patients; providing requirements
  105         for the schedule; providing that the schedule may
  106         group the provider’s services by price levels and list
  107         the services in each price level; providing an
  108         exemption from continuing education requirements for a
  109         primary care provider who posts such a schedule;
  110         requiring a primary care provider’s estimates of
  111         charges for medical services to be consistent with the
  112         prices listed on the posted schedule; providing an
  113         effective date.