CODING: Words stricken are deletions; words underlined are additions.
SENATE AMENDMENT
Bill No. CS for SB 874
Amendment No.
CHAMBER ACTION
Senate House
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11 Senator Silver moved the following amendment:
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13 Senate Amendment (with title amendment)
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17 Section 24. Health Care Consumer Bill of Rights and
18 Responsibilities.--
19 (1) INFORMATION DISCLOSURE.--Consumers have the right
20 to receive accurate, easily understood information and any
21 required assistance in making informed health care decisions
22 about their health plans, health care professionals, and
23 facilities. As used in this section, the term "health plans"
24 refers broadly to indemnity insurers and managed care
25 organizations, including, but not limited to, health
26 maintenance organizations and preferred provider
27 organizations.
28 (2) CHOICE OF PROVIDERS AND PLANS.--Consumers have the
29 right to a choice of health care provides which is sufficient
30 to ensure access to appropriate, high-quality health care.
31 (3) ACCESS TO EMERGENCY SERVICES.--Consumers have the
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SENATE AMENDMENT
Bill No. CS for SB 874
Amendment No.
1 right to access emergency health care services when and where
2 the need arises. Health plans should provide payment when a
3 consumer presents to an emergency department with acute
4 symptoms of sufficient severity, including severe pain, such
5 that a prudent layperson could reasonably expect the absence
6 of medical attention to result in placing that consumer's
7 health in serious jeopardy, serious impairment to bodily
8 functions, or serious dysfunction of any bodily organ or part.
9 (4) PARTICIPATION IN TREATMENT DECISIONS.--Consumers
10 have the right and responsibility to fully participate in all
11 decisions related to their health care. Consumers who are
12 unable to fully participate in treatment decisions have the
13 right to be represented by parents, guardians, family members,
14 or other conservators.
15 (5) RESPECT AND NONDISCRIMINATION.--
16 (a) Consumers have the right to considerate,
17 respectful care from all members of the health care system at
18 all times and under all circumstances. An environment of
19 mutual respect is essential to maintaining a quality health
20 care system.
21 (b) Consumers must not be discriminated against in the
22 delivery of health care services consistent with the benefits
23 covered in their policy or as required by law based on race,
24 ethnicity, national origin, religion, sex, age, mental or
25 physical disability, sexual orientation, genetic information,
26 or source of payment.
27 (c) Consumers who are eligible for coverage under the
28 terms and conditions of a health plan or program or as
29 required by law must not be discriminated against in marketing
30 and enrollment practices based on race, ethnicity, national
31 origin, religion, sex, age, mental or physical disability,
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SENATE AMENDMENT
Bill No. CS for SB 874
Amendment No.
1 sexual orientation, genetic information, or source of payment.
2 (6) CONFIDENTIALITY OF HEALTH INFORMATION.--Consumers
3 have the right to communicate with health care providers in
4 confidence and to have the confidentiality of their
5 individually identifiable health care information protected.
6 Consumers also have the right to review and copy their own
7 medical records and request amendments to their records.
8 (7) COMPLAINTS AND APPEALS.--All consumers have the
9 right to a fair and efficient process for resolving
10 differences with their health plans, health care providers,
11 and the institutions that serve them, including a rigorous
12 system of internal review and an independent system of
13 external review.
14 (8) CONSUMER RESPONSIBILITIES.--In a health care
15 system that protects consumers' rights, it is reasonable to
16 expect and encourage consumers to assume reasonable
17 responsibilities. Greater individual involvement by consumers
18 in their care increases the likelihood of achieving the best
19 outcomes and helps support a quality, cost-conscious
20 environment.
21 (9) CIVIL ENFORCEMENT.--Any person damaged by the acts
22 of a person in violation of this section may bring a civil
23 action against the person committing the violation in the
24 circuit court of the county in which the alleged violator
25 resides or has a principal place of business or in the county
26 wherein the alleged violation occurred. Upon an adverse
27 adjudication, the defendant is liable for damages, together
28 with court costs and reasonable attorney's fees incurred by
29 the plaintiff. When so awarded, court costs and attorney's
30 fees must be included in the judgment or decree rendered in
31 the case.
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SENATE AMENDMENT
Bill No. CS for SB 874
Amendment No.
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6 And the title is amended as follows:
7 On page 5, line 4, after the semicolon,
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10 providing a Health Care Consumer Bill of Rights
11 and Responsibilities; providing for
12 enforcement; providing for attorney's fees and
13 costs;
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