Senate Bill sb2830

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    Florida Senate - 2007                                  SB 2830

    By Senator Siplin





    19-289-07

  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.

31  

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    Florida Senate - 2007                                  SB 2830
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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 - 2007                                  SB 2830
    19-289-07




 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 - 2007                                  SB 2830
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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 person, 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.  Each licensed facility not operated by the state

12  shall make available to the public on its Internet website or

13  by other electronic means a description of and a link to the

14  performance outcome and financial data that is published by

15  the agency pursuant to s. 408.05(3)(k). The facility shall

16  place a notice in the reception area that such information is

17  available electronically and the website address. The licensed

18  facility may indicate that the pricing information is based on

19  a compilation of charges for the average patient and that each

20  patient's bill may vary from the average depending upon the

21  severity of illness and individual resources consumed. The

22  licensed facility may also indicate that the price of service

23  is negotiable for eligible patients based upon the patient's

24  ability to pay.

25         5.  A patient has the right to receive a copy of an

26  itemized bill upon request. A patient has a right to be given

27  an explanation of charges upon request.

28         (d)  Access to health care.--

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

30  medical treatment or accommodations, regardless of race,

31  national origin, religion, handicap, or source of payment.

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

 2  emergency medical condition that will deteriorate from failure

 3  to provide such treatment.

 4         3.  A patient has the right to access any mode of

 5  treatment that is, in his or her own judgment and the judgment

 6  of his or her health care practitioner, in the best interests

 7  of the patient, including complementary or alternative health

 8  care treatments, in accordance with the provisions of s.

 9  456.41.

10         4.  A patient has the right to participate in health

11  care decisions.

12         5.  A patient has the right to select a physician or

13  other health care provider.

14         6.  A patient has the right to choose between generic

15  or brand-name prescription medication.

16         (e)  Experimental research.--In addition to the

17  provisions of s. 766.103, a patient has the right to know if

18  medical treatment is for purposes of experimental research and

19  to consent prior to participation in such experimental

20  research.  For any patient, regardless of ability to pay or

21  source of payment for his or her care, participation must be a

22  voluntary matter; and a patient has the right to refuse to

23  participate.  The patient's consent or refusal must be

24  documented in the patient's care record.

25         (f)  Patient's knowledge of rights and

26  responsibilities.--In receiving health care, patients have the

27  right to know what their rights and responsibilities are.

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

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

30  health care facility licensed under chapter 395 that provides

31  emergency services and care or outpatient services and care to

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    Florida Senate - 2007                                  SB 2830
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 1  a patient, or admits and treats a patient, shall adopt and

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

 3  rights and responsibilities of patients, including the

 4  following:

 5  

 6              SUMMARY OF THE FLORIDA PATIENT'S BILL

 7                  OF RIGHTS AND RESPONSIBILITIES

 8  

 9         Florida law requires that your health care provider or

10  health care facility recognize your rights while you are

11  receiving medical care and that you respect the health care

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

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

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

15  health care facility.  A summary of your rights and

16  responsibilities follows:

17         A patient has a right to participate in health care

18  decisions.

19         A patient has the right to select a physician or other

20  health care provider.

21         A patient has the right to choose between generic or

22  brand-name prescription medication.

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

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

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

26         A patient has the right to a prompt and reasonable

27  response to questions and requests.

28         A patient has the right to know who is providing

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

30  

31  

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    Florida Senate - 2007                                  SB 2830
    19-289-07




 1         A patient has the right to know what patient support

 2  services are available, including whether an interpreter is

 3  available if he or she does not speak English.

 4         A patient has the right to know what rules and

 5  regulations apply to his or her conduct.

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

 7  provider information concerning diagnosis, planned course of

 8  treatment, alternatives, risks, and prognosis.

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

10  as otherwise provided by law.

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

12  information and necessary counseling on the availability of

13  known financial resources for his or her care.

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

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

16  health care provider or health care facility accepts the

17  Medicare assignment rate.

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

19  to treatment, a reasonable estimate of charges for medical

20  care.

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

22  reasonably clear and understandable, itemized bill and, upon

23  request, to have the charges explained.

24         A patient has the right to impartial access to medical

25  treatment or accommodations, regardless of race, national

26  origin, religion, handicap, or source of payment.

27         A patient has the right to treatment for any emergency

28  medical condition that will deteriorate from failure to

29  provide treatment.

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

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

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    Florida Senate - 2007                                  SB 2830
    19-289-07




 1  consent or refusal to participate in such experimental

 2  research.

 3         A patient has the right to express grievances regarding

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

 5  through the grievance procedure of the health care provider or

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

 7  appropriate state licensing agency.

 8         A patient is responsible for providing to the health

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

10  and complete information about present complaints, past

11  illnesses, hospitalizations, medications, and other matters

12  relating to his or her health.

13         A patient is responsible for reporting unexpected

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

15         A patient is responsible for reporting to the health

16  care provider whether he or she comprehends a contemplated

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

18         A patient is responsible for following the treatment

19  plan recommended by the health care provider.

20         A patient is responsible for keeping appointments and,

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

22  notifying the health care provider or health care facility.

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

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

25  provider's instructions.

26         A patient is responsible for assuring that the

27  financial obligations of his or her health care are fulfilled

28  as promptly as possible.

29         A patient is responsible for following health care

30  facility rules and regulations affecting patient care and

31  conduct.

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    Florida Senate - 2007                                  SB 2830
    19-289-07




 1         Section 2.  This act shall take effect July 1, 2007.

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 4                          SENATE SUMMARY

 5    Provides that patients have the right to participate in
      health care decisions, select their physician or other
 6    health care provider, and choose between generic or
      brand-name prescription medications.
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