HB 1531

1	A bill to be entitled
2	An act relating to patients' rights; amending s. 381.026,
3	F.S.; providing that patients have the right to
4	participate in health care decisions, select their
5	physician or other health care provider, and choose
6	between generic or brand name prescription medications;
7	providing an effective date.
8
9	Be It Enacted by the Legislature of the State of Florida:
10
11	Section 1.  Subsections (4) and (6) of section 381.026,
12	Florida Statutes, are 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	(a)  Individual dignity.--
18	1.  The individual dignity of a patient must be respected
19	at all times and upon all occasions.
20	2.  Every patient who is provided health care services
21	retains certain rights to privacy, which must be respected
22	without regard to the patient's economic status or source of
23	payment for his or her care.  The patient's rights to privacy
24	must be respected to the extent consistent with providing
25	adequate medical care to the patient and with the efficient
26	administration of the health care facility or provider's office.
27	However, this subparagraph does not preclude necessary and
28	discreet discussion of a patient's case or examination by
29	appropriate medical personnel.
30	3.  A patient has the right to a prompt and reasonable
31	response to a question or request.  A health care facility shall
32	respond in a reasonable manner to the request of a patient's
33	health care provider for medical services to the patient. The
34	health care facility shall also respond in a reasonable manner
35	to the patient's request for other services customarily rendered
36	by the health care facility to the extent such services do not
37	require the approval of the patient's health care provider or
38	are not inconsistent with the patient's treatment.
39	4.  A patient in a health care facility has the right to
40	retain and use personal clothing or possessions as space
41	permits, unless for him or her to do so would infringe upon the
42	right of another patient or is medically or programmatically
43	contraindicated for documented medical, safety, or programmatic
44	reasons.
45	(b)  Information.--
46	1.  A patient has the right to know the name, function, and
47	qualifications of each health care provider who is providing
48	medical services to the patient. A patient may request such
49	information from his or her responsible provider or the health
50	care facility in which he or she is receiving medical services.
51	2.  A patient in a health care facility has the right to
52	know what patient support services are available in the
53	facility.
54	3.  A patient has the right to be given by his or her
55	health care provider information concerning diagnosis, planned
56	course of treatment, alternatives, risks, and prognosis, unless
57	it is medically inadvisable or impossible to give this
58	information to the patient, in which case the information must
59	be given to the patient's guardian or a person designated as the
60	patient's representative. A patient has the right to refuse this
61	information.
62	4.  A patient has the right to refuse any treatment based
63	on information required by this paragraph, except as otherwise
64	provided by law. The responsible provider shall document any
65	such refusal.
66	5.  A patient in a health care facility has the right to
67	know what facility rules and regulations apply to patient
68	conduct.
69	6.  A patient has the right to express grievances to a
70	health care provider, a health care facility, or the appropriate
71	state licensing agency regarding alleged violations of patients'
72	rights.  A patient has the right to know the health care
73	provider's or health care facility's procedures for expressing a
74	grievance.
75	7.  A patient in a health care facility who does not speak
76	English has the right to be provided an interpreter when
77	receiving medical services if the facility has a person readily
78	available who can interpret on behalf of the patient.
79	(c)  Financial information and disclosure.--
80	1.  A patient has the right to be given, upon request, by
81	the responsible provider, his or her designee, or a
82	representative of the health care facility full information and
83	necessary counseling on the availability of known financial
84	resources for the patient's health care.
85	2.  A health care provider or a health care facility shall,
86	upon request, disclose to each patient who is eligible for
87	Medicare, in advance of treatment, whether the health care
88	provider or the health care facility in which the patient is
89	receiving medical services accepts assignment under Medicare
90	reimbursement as payment in full for medical services and
91	treatment rendered in the health care provider's office or
92	health care facility.
93	3.  A health care provider or a health care facility shall,
94	upon request, furnish a person, prior to provision of medical
95	services, a reasonable estimate of charges for such services.
96	Such reasonable estimate shall not preclude the health care
97	provider or health care facility from exceeding the estimate or
98	making additional charges based on changes in the patient's
99	condition or treatment needs.
100	4.  Each licensed facility not operated by the state shall
101	make available to the public on its Internet website or by other
102	electronic means a description of and a link to the performance
103	outcome and financial data that is published by the agency
104	pursuant to s. 408.05(3)(l). The facility shall place a notice
105	in the reception area that such information is available
106	electronically and the website address. The licensed facility
107	may indicate that the pricing information is based on a
108	compilation of charges for the average patient and that each
109	patient's bill may vary from the average depending upon the
110	severity of illness and individual resources consumed. The
111	licensed facility may also indicate that the price of service is
112	negotiable for eligible patients based upon the patient's
113	ability to pay.
114	5.  A patient has the right to receive a copy of an
115	itemized bill upon request. A patient has a right to be given an
116	explanation of charges upon request.
117	(d)  Access to health care.--
118	1.  A patient has the right to impartial access to medical
119	treatment or accommodations, regardless of race, national
120	origin, religion, handicap, or source of payment.
121	2.  A patient has the right to treatment for any emergency
122	medical condition that will deteriorate from failure to provide
123	such treatment.
124	3.  A patient has the right to access any mode of treatment
125	that is, in his or her own judgment and the judgment of his or
126	her health care practitioner, in the best interests of the
127	patient, including complementary or alternative health care
128	treatments, in accordance with the provisions of s. 456.41.
129	4.  A patient has the right to participate in health care
130	decisions.
131	5.  A patient has the right to select his or her physician
132	or other health care provider.
133	6.  A patient has the right to choose between a generic or
134	brand-name prescription medication.
135	(e)  Experimental research.--In addition to the provisions
136	of s. 766.103, a patient has the right to know if medical
137	treatment is for purposes of experimental research and to
138	consent prior to participation in such experimental research.
139	For any patient, regardless of ability to pay or source of
140	payment for his or her care, participation must be a voluntary
141	matter; and a patient has the right to refuse to participate.
142	The patient's consent or refusal must be documented in the
143	patient's care record.
144	(f)  Patient's knowledge of rights and
145	responsibilities.--In receiving health care, patients have the
146	right to know what their rights and responsibilities are.
147	(5)  RESPONSIBILITIES OF PATIENTS.--Each patient of a
148	health care provider or health care facility shall respect the
149	health care provider's and health care facility's right to
150	expect behavior on the part of patients which, considering the
151	nature of their illness, is reasonable and responsible. Each
152	patient shall observe the responsibilities described in the
153	following summary.
154	(6)  SUMMARY OF RIGHTS AND RESPONSIBILITIES.--Any health
155	care provider who treats a patient in an office or any health
156	care facility licensed under chapter 395 that provides emergency
157	services and care or outpatient services and care to a patient,
158	or admits and treats a patient, shall adopt and make available
159	to the patient, in writing, a statement of the rights and
160	responsibilities of patients, including the following:
161
162	SUMMARY OF THE FLORIDA PATIENT'S BILL
163	OF RIGHTS AND RESPONSIBILITIES
164
165	Florida law requires that your health care provider or
166	health care facility recognize your rights while you are
167	receiving medical care and that you respect the health care
168	provider's or health care facility's right to expect certain
169	behavior on the part of patients. You may request a copy of the
170	full text of this law from your health care provider or health
171	care facility. A summary of your rights and responsibilities
172	follows:
173	A patient has the right to be treated with courtesy and
174	respect, with appreciation of his or her individual dignity, and
175	with protection of his or her need for privacy.
176	A patient has the right to a prompt and reasonable response
177	to questions and requests.
178	A patient has the right to know who is providing medical
179	services and who is responsible for his or her care.
180	A patient has the right to know what patient support
181	services are available, including whether an interpreter is
182	available if he or she does not speak English.
183	A patient has the right to know what rules and regulations
184	apply to his or her conduct.
185	A patient has the right to be given by the health care
186	provider information concerning diagnosis, planned course of
187	treatment, alternatives, risks, and prognosis.
188	A patient has the right to refuse any treatment, except as
189	otherwise provided by law.
190	A patient has the right to be given, upon request, full
191	information and necessary counseling on the availability of
192	known financial resources for his or her care.
193	A patient who is eligible for Medicare has the right to
194	know, upon request and in advance of treatment, whether the
195	health care provider or health care facility accepts the
196	Medicare assignment rate.
197	A patient has the right to receive, upon request, prior to
198	treatment, a reasonable estimate of charges for medical care.
199	A patient has the right to receive a copy of a reasonably
200	clear and understandable, itemized bill and, upon request, to
201	have the charges explained.
202	A patient has the right to impartial access to medical
203	treatment or accommodations, regardless of race, national
204	origin, religion, handicap, or source of payment.
205	A patient has the right to treatment for any emergency
206	medical condition that will deteriorate from failure to provide
207	treatment.
208	A patient has the right to participate in health care
209	decisions.
210	A patient has the right to select his or her physician or
211	other health care provider.
212	A patient has the right to choose between a generic or
213	brand-name prescription medication.
214	A patient has the right to know if medical treatment is for
215	purposes of experimental research and to give his or her consent
216	or refusal to participate in such experimental research.
217	A patient has the right to express grievances regarding any
218	violation of his or her rights, as stated in Florida law,
219	through the grievance procedure of the health care provider or
220	health care facility which served him or her and to the
221	appropriate state licensing agency.
222	A patient is responsible for providing to the health care
223	provider, to the best of his or her knowledge, accurate and
224	complete information about present complaints, past illnesses,
225	hospitalizations, medications, and other matters relating to his
226	or her health.
227	A patient is responsible for reporting unexpected changes
228	in his or her condition to the health care provider.
229	A patient is responsible for reporting to the health care
230	provider whether he or she comprehends a contemplated course of
231	action and what is expected of him or her.
232	A patient is responsible for following the treatment plan
233	recommended by the health care provider.
234	A patient is responsible for keeping appointments and, when
235	he or she is unable to do so for any reason, for notifying the
236	health care provider or health care facility.
237	A patient is responsible for his or her actions if he or
238	she refuses treatment or does not follow the health care
239	provider's instructions.
240	A patient is responsible for assuring that the financial
241	obligations of his or her health care are fulfilled as promptly
242	as possible.
243	A patient is responsible for following health care facility
244	rules and regulations affecting patient care and conduct.
245	Section 2.  This act shall take effect July 1, 2005.

CODING: Words stricken are deletions; words underlined are additions.