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.
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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
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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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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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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.
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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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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
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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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