Senate Bill sb2542
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Florida Senate - 2004 SB 2542
By Senator Siplin
19-1311-04
1 A bill to be entitled
2 An act relating to patient's rights; amending
3 s. 381.026, F.S.; providing that patients have
4 the right to participate in health care
5 decisions, select their physician or other
6 health care provider, and choose between
7 generic or brand-name prescription medications;
8 providing an effective date.
9
10 Be It Enacted by the Legislature of the State of Florida:
11
12 Section 1. Subsections (4) and (6) of section 381.026,
13 Florida Statutes, are amended to read:
14 381.026 Florida Patient's Bill of Rights and
15 Responsibilities.--
16 (4) RIGHTS OF PATIENTS.--Each health care facility or
17 provider shall observe the following standards:
18 (a) Individual dignity.--
19 1. The individual dignity of a patient must be
20 respected at all times and upon all occasions.
21 2. Every patient who is provided health care services
22 retains certain rights to privacy, which must be respected
23 without regard to the patient's economic status or source of
24 payment for his or her care. The patient's rights to privacy
25 must be respected to the extent consistent with providing
26 adequate medical care to the patient and with the efficient
27 administration of the health care facility or provider's
28 office. However, this subparagraph does not preclude
29 necessary and discreet discussion of a patient's case or
30 examination by appropriate medical personnel.
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Florida Senate - 2004 SB 2542
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1 3. A patient has the right to a prompt and reasonable
2 response to a question or request. A health care facility
3 shall respond in a reasonable manner to the request of a
4 patient's health care provider for medical services to the
5 patient. The health care facility shall also respond in a
6 reasonable manner to the patient's request for other services
7 customarily rendered by the health care facility to the extent
8 such services do not require the approval of the patient's
9 health care provider or are not inconsistent with the
10 patient's treatment.
11 4. A patient in a health care facility has the right
12 to retain and use personal clothing or possessions as space
13 permits, unless for him or her to do so would infringe upon
14 the right of another patient or is medically or
15 programmatically contraindicated for documented medical,
16 safety, or programmatic reasons.
17 (b) Information.--
18 1. A patient has the right to know the name, function,
19 and qualifications of each health care provider who is
20 providing medical services to the patient. A patient may
21 request such information from his or her responsible provider
22 or the health care facility in which he or she is receiving
23 medical services.
24 2. A patient in a health care facility has the right
25 to know what patient support services are available in the
26 facility.
27 3. A patient has the right to be given by his or her
28 health care provider information concerning diagnosis, planned
29 course of treatment, alternatives, risks, and prognosis,
30 unless it is medically inadvisable or impossible to give this
31 information to the patient, in which case the information must
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Florida Senate - 2004 SB 2542
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1 be given to the patient's guardian or a person designated as
2 the patient's representative. A patient has the right to
3 refuse this information.
4 4. A patient has the right to refuse any treatment
5 based on information required by this paragraph, except as
6 otherwise provided by law. The responsible provider shall
7 document any such refusal.
8 5. A patient in a health care facility has the right
9 to know what facility rules and regulations apply to patient
10 conduct.
11 6. A patient has the right to express grievances to a
12 health care provider, a health care facility, or the
13 appropriate state licensing agency regarding alleged
14 violations of patients' rights. A patient has the right to
15 know the health care provider's or health care facility's
16 procedures for expressing a grievance.
17 7. A patient in a health care facility who does not
18 speak English has the right to be provided an interpreter when
19 receiving medical services if the facility has a person
20 readily available who can interpret on behalf of the patient.
21 (c) Financial information and disclosure.--
22 1. A patient has the right to be given, upon request,
23 by the responsible provider, his or her designee, or a
24 representative of the health care facility full information
25 and necessary counseling on the availability of known
26 financial resources for the patient's health care.
27 2. A health care provider or a health care facility
28 shall, upon request, disclose to each patient who is eligible
29 for Medicare, in advance of treatment, whether the health care
30 provider or the health care facility in which the patient is
31 receiving medical services accepts assignment under Medicare
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Florida Senate - 2004 SB 2542
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1 reimbursement as payment in full for medical services and
2 treatment rendered in the health care provider's office or
3 health care facility.
4 3. A health care provider or a health care facility
5 shall, upon request, furnish a patient, prior to provision of
6 medical services, a reasonable estimate of charges for such
7 services. Such reasonable estimate shall not preclude the
8 health care provider or health care facility from exceeding
9 the estimate or making additional charges based on changes in
10 the patient's condition or treatment needs.
11 4. A patient has the right to receive a copy of an
12 itemized bill upon request. A patient has a right to be given
13 an explanation of charges upon request.
14 (d) Access to health care.--
15 1. A patient has the right to impartial access to
16 medical treatment or accommodations, regardless of race,
17 national origin, religion, handicap, or source of payment.
18 2. A patient has the right to treatment for any
19 emergency medical condition that will deteriorate from failure
20 to provide such treatment.
21 3. A patient has the right to access any mode of
22 treatment that is, in his or her own judgment and the judgment
23 of his or her health care practitioner, in the best interests
24 of the patient, including complementary or alternative health
25 care treatments, in accordance with the provisions of s.
26 456.41.
27 4. A patient has the right to participate in health
28 care decisions.
29 5. A patient has the right to select his or her
30 physician or other health care provider.
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Florida Senate - 2004 SB 2542
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1 6. A patient has the right to choose between a generic
2 or brand-name prescription medication.
3 (e) Experimental research.--In addition to the
4 provisions of s. 766.103, a patient has the right to know if
5 medical treatment is for purposes of experimental research and
6 to consent prior to participation in such experimental
7 research. For any patient, regardless of ability to pay or
8 source of payment for his or her care, participation must be a
9 voluntary matter; and a patient has the right to refuse to
10 participate. The patient's consent or refusal must be
11 documented in the patient's care record.
12 (f) Patient's knowledge of rights and
13 responsibilities.--In receiving health care, patients have the
14 right to know what their rights and responsibilities are.
15 (6) SUMMARY OF RIGHTS AND RESPONSIBILITIES.--Any
16 health care provider who treats a patient in an office or any
17 health care facility licensed under chapter 395 that provides
18 emergency services and care or outpatient services and care to
19 a patient, or admits and treats a patient, shall adopt and
20 make available to the patient, in writing, a statement of the
21 rights and responsibilities of patients, including the
22 following:
23
24 SUMMARY OF THE FLORIDA PATIENT'S BILL
25 OF RIGHTS AND RESPONSIBILITIES
26
27 Florida law requires that your health care provider or
28 health care facility recognize your rights while you are
29 receiving medical care and that you respect the health care
30 provider's or health care facility's right to expect certain
31 behavior on the part of patients. You may request a copy of
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Florida Senate - 2004 SB 2542
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1 the full text of this law from your health care provider or
2 health care facility. A summary of your rights and
3 responsibilities follows:
4 A patient has a right to participate in health care
5 decisions.
6 A patient has the right to select his or her physician
7 or other health care provider.
8 A patient has the right to choose between a generic or
9 brand-name prescription medication.
10 A patient has the right to be treated with courtesy and
11 respect, with appreciation of his or her individual dignity,
12 and with protection of his or her need for privacy.
13 A patient has the right to a prompt and reasonable
14 response to questions and requests.
15 A patient has the right to know who is providing
16 medical services and who is responsible for his or her care.
17 A patient has the right to know what patient support
18 services are available, including whether an interpreter is
19 available if he or she does not speak English.
20 A patient has the right to know what rules and
21 regulations apply to his or her conduct.
22 A patient has the right to be given by the health care
23 provider information concerning diagnosis, planned course of
24 treatment, alternatives, risks, and prognosis.
25 A patient has the right to refuse any treatment, except
26 as otherwise provided by law.
27 A patient has the right to be given, upon request, full
28 information and necessary counseling on the availability of
29 known financial resources for his or her care.
30 A patient who is eligible for Medicare has the right to
31 know, upon request and in advance of treatment, whether the
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Florida Senate - 2004 SB 2542
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1 health care provider or health care facility accepts the
2 Medicare assignment rate.
3 A patient has the right to receive, upon request, prior
4 to treatment, a reasonable estimate of charges for medical
5 care.
6 A patient has the right to receive a copy of a
7 reasonably clear and understandable, itemized bill and, upon
8 request, to have the charges explained.
9 A patient has the right to impartial access to medical
10 treatment or accommodations, regardless of race, national
11 origin, religion, handicap, or source of payment.
12 A patient has the right to treatment for any emergency
13 medical condition that will deteriorate from failure to
14 provide treatment.
15 A patient has the right to know if medical treatment is
16 for purposes of experimental research and to give his or her
17 consent or refusal to participate in such experimental
18 research.
19 A patient has the right to express grievances regarding
20 any violation of his or her rights, as stated in Florida law,
21 through the grievance procedure of the health care provider or
22 health care facility which served him or her and to the
23 appropriate state licensing agency.
24 A patient is responsible for providing to the health
25 care provider, to the best of his or her knowledge, accurate
26 and complete information about present complaints, past
27 illnesses, hospitalizations, medications, and other matters
28 relating to his or her health.
29 A patient is responsible for reporting unexpected
30 changes in his or her condition to the health care provider.
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Florida Senate - 2004 SB 2542
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1 A patient is responsible for reporting to the health
2 care provider whether he or she comprehends a contemplated
3 course of action and what is expected of him or her.
4 A patient is responsible for following the treatment
5 plan recommended by the health care provider.
6 A patient is responsible for keeping appointments and,
7 when he or she is unable to do so for any reason, for
8 notifying the health care provider or health care facility.
9 A patient is responsible for his or her actions if he
10 or she refuses treatment or does not follow the health care
11 provider's instructions.
12 A patient is responsible for assuring that the
13 financial obligations of his or her health care are fulfilled
14 as promptly as possible.
15 A patient is responsible for following health care
16 facility rules and regulations affecting patient care and
17 conduct.
18 Section 2. This act shall take effect July 1, 2004.
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20 *****************************************
21 SENATE SUMMARY
22 Revises the Florida Patient's Bill of Rights and
Responsibilities to include the right to participate in
23 health care decisions, select his or her physician or
other health care provider, and choose between generic or
24 brand-name prescription medications.
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