Senate Bill sb0362

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    Florida Senate - 2001                                   SB 362

    By Senator Saunders





    25-307-01

  1                      A bill to be entitled

  2         An act relating to the Florida Patient's Bill

  3         of Rights and Responsibilities; amending s.

  4         381.026, F.S.; replacing references to the term

  5         "physical handicap" with the term "handicap";

  6         providing an effective date.

  7

  8  Be It Enacted by the Legislature of the State of Florida:

  9

10         Section 1.  Paragraph (d) of subsection (4) and

11  subsection (6) of section 381.026, Florida Statutes, are

12  amended to read:

13         381.026  Florida Patient's Bill of Rights and

14  Responsibilities.--

15         (4)  RIGHTS OF PATIENTS.--Each health care facility or

16  provider shall observe the following standards:

17         (d)  Access to health care.--

18         1.  A patient has the right to impartial access to

19  medical treatment or accommodations, regardless of race,

20  national origin, religion, physical handicap, or source of

21  payment.

22         2.  A patient has the right to treatment for any

23  emergency medical condition that will deteriorate from failure

24  to provide such treatment.

25         (6)  SUMMARY OF RIGHTS AND RESPONSIBILITIES.--Any

26  health care provider who treats a patient in an office or any

27  health care facility licensed under chapter 395 that provides

28  emergency services and care or outpatient services and care to

29  a patient, or admits and treats a patient, shall adopt and

30  make available to the patient, in writing, a statement of the

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    Florida Senate - 2001                                   SB 362
    25-307-01




  1  rights and responsibilities of patients, including the

  2  following:

  3

  4              SUMMARY OF THE FLORIDA PATIENT'S BILL

  5                  OF RIGHTS AND RESPONSIBILITIES

  6

  7         Florida law requires that your health care provider or

  8  health care facility recognize your rights while you are

  9  receiving medical care and that you respect the health care

10  provider's or health care facility's right to expect certain

11  behavior on the part of patients.  You may request a copy of

12  the full text of this law from your health care provider or

13  health care facility.  A summary of your rights and

14  responsibilities follows:

15         A patient has the right to be treated with courtesy and

16  respect, with appreciation of his or her individual dignity,

17  and with protection of his or her need for privacy.

18         A patient has the right to a prompt and reasonable

19  response to questions and requests.

20         A patient has the right to know who is providing

21  medical services and who is responsible for his or her care.

22         A patient has the right to know what patient support

23  services are available, including whether an interpreter is

24  available if he or she does not speak English.

25         A patient has the right to know what rules and

26  regulations apply to his or her conduct.

27         A patient has the right to be given by the health care

28  provider information concerning diagnosis, planned course of

29  treatment, alternatives, risks, and prognosis.

30         A patient has the right to refuse any treatment, except

31  as otherwise provided by law.

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    Florida Senate - 2001                                   SB 362
    25-307-01




  1         A patient has the right to be given, upon request, full

  2  information and necessary counseling on the availability of

  3  known financial resources for his or her care.

  4         A patient who is eligible for Medicare has the right to

  5  know, upon request and in advance of treatment, whether the

  6  health care provider or health care facility accepts the

  7  Medicare assignment rate.

  8         A patient has the right to receive, upon request, prior

  9  to treatment, a reasonable estimate of charges for medical

10  care.

11         A patient has the right to receive a copy of a

12  reasonably clear and understandable, itemized bill and, upon

13  request, to have the charges explained.

14         A patient has the right to impartial access to medical

15  treatment or accommodations, regardless of race, national

16  origin, religion, physical handicap, or source of payment.

17         A patient has the right to treatment for any emergency

18  medical condition that will deteriorate from failure to

19  provide treatment.

20         A patient has the right to know if medical treatment is

21  for purposes of experimental research and to give his or her

22  consent or refusal to participate in such experimental

23  research.

24         A patient has the right to express grievances regarding

25  any violation of his or her rights, as stated in Florida law,

26  through the grievance procedure of the health care provider or

27  health care facility which served him or her and to the

28  appropriate state licensing agency.

29         A patient is responsible for providing to the health

30  care provider, to the best of his or her knowledge, accurate

31  and complete information about present complaints, past

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    Florida Senate - 2001                                   SB 362
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  1  illnesses, hospitalizations, medications, and other matters

  2  relating to his or her health.

  3         A patient is responsible for reporting unexpected

  4  changes in his or her condition to the health care provider.

  5         A patient is responsible for reporting to the health

  6  care provider whether he or she comprehends a contemplated

  7  course of action and what is expected of him or her.

  8         A patient is responsible for following the treatment

  9  plan recommended by the health care provider.

10         A patient is responsible for keeping appointments and,

11  when he or she is unable to do so for any reason, for

12  notifying the health care provider or health care facility.

13         A patient is responsible for his or her actions if he

14  or she refuses treatment or does not follow the health care

15  provider's instructions.

16         A patient is responsible for assuring that the

17  financial obligations of his or her health care are fulfilled

18  as promptly as possible.

19         A patient is responsible for following health care

20  facility rules and regulations affecting patient care and

21  conduct.

22         Section 2.  This act shall take effect July 1, 2001.

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24            *****************************************

25                          SENATE SUMMARY

26    Replaces references to the term "physical handicap" in
      the Florida Patient's Bill of Rights and Responsibilities
27    with the term "handicap."

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