1 | A bill to be entitled |
2 | An act relating to consumer information concerning health |
3 | care; providing a short title; providing a purpose; |
4 | amending s. 381.026, F.S.; requiring a health care |
5 | provider or a health care facility to provide an uninsured |
6 | person with a reasonable estimate of charges for planned |
7 | nonemergency medical services before such services are |
8 | provided; requiring that the provider or the facility |
9 | provide the uninsured person with information regarding |
10 | such provider's or facility's discount or charity |
11 | policies; requiring that the estimate be in writing and in |
12 | a language comprehensible to an ordinary layperson; |
13 | amending s. 395.301, F.S.; requiring certain licensed |
14 | facilities to provide a written estimate within a certain |
15 | period of time to an uninsured person seeking planned |
16 | nonemergency elective admission; requiring the facility to |
17 | notify the person if the estimate is revised; requiring |
18 | the facility to provide the person with a copy of any |
19 | discount or charity care discount policies for which such |
20 | person may be eligible; requiring the facility to place a |
21 | notice in the reception area where such information is |
22 | available; imposing a monetary penalty if the facility |
23 | fails to provide the requested information; amending s. |
24 | 408.05, F.S.; revising the list of patient charge data |
25 | that may be disclosed by the Agency for Health Care |
26 | Administration; requiring the agency to publish on its |
27 | website information concerning prices for the most |
28 | commonly performed adult and pediatric procedures; |
29 | requiring the Agency for Health Care Administration to |
30 | conduct a study of community benefits programs in other |
31 | states; requiring the agency to submit a report to the |
32 | relevant committees of the Senate and the House of |
33 | Representatives by January 1, 2009; requiring the Office |
34 | of Program Policy Analysis and Government Accountability |
35 | to conduct a study of certain charitable hospitals; |
36 | requiring the office to submit a report to the relevant |
37 | committees of the Senate and the House of Representatives |
38 | by January 1, 2009; providing an effective date. |
39 |
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40 | Be It Enacted by the Legislature of the State of Florida: |
41 |
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42 | Section 1. This act may be cited as the "Health Care |
43 | Consumer's Right to Information Act." |
44 | Section 2. The purpose of this act is to provide health |
45 | care consumers with reliable and understandable information |
46 | about facility charges to assist consumers in making informed |
47 | decisions about health care. |
48 | Section 3. Paragraph (c) of subsection (4) of section |
49 | 381.026, Florida Statutes, is amended to read: |
50 | 381.026 Florida Patient's Bill of Rights and |
51 | Responsibilities.-- |
52 | (4) RIGHTS OF PATIENTS.--Each health care facility or |
53 | provider shall observe the following standards: |
54 | (c) Financial information and disclosure.-- |
55 | 1. A patient has the right to be given, upon request, by |
56 | the responsible provider, his or her designee, or a |
57 | representative of the health care facility full information and |
58 | necessary counseling on the availability of known financial |
59 | resources for the patient's health care. |
60 | 2. A health care provider or a health care facility shall, |
61 | upon request, disclose to each patient who is eligible for |
62 | Medicare, in advance of treatment, whether the health care |
63 | provider or the health care facility in which the patient is |
64 | receiving medical services accepts assignment under Medicare |
65 | reimbursement as payment in full for medical services and |
66 | treatment rendered in the health care provider's office or |
67 | health care facility. |
68 | 3. A health care provider or a health care facility shall, |
69 | upon request, furnish a person, prior to provision of medical |
70 | services, a reasonable estimate of charges for such services. |
71 | The health care provider or the health care facility shall |
72 | provide an uninsured person, prior to the provision of a planned |
73 | nonemergency medical service, a reasonable estimate of charges |
74 | for such service and information regarding the provider's or |
75 | facility's discount or charity policies for which the uninsured |
76 | person may be eligible. Estimates shall, to the extent possible, |
77 | be written in a language comprehensible to an ordinary |
78 | layperson. Such reasonable estimate shall not preclude the |
79 | health care provider or health care facility from exceeding the |
80 | estimate or making additional charges based on changes in the |
81 | patient's condition or treatment needs. |
82 | 4. Each licensed facility not operated by the state shall |
83 | make available to the public on its Internet website or by other |
84 | electronic means a description of and a link to the performance |
85 | outcome and financial data that is published by the agency |
86 | pursuant to s. 408.05(3)(k). The facility shall place a notice |
87 | in the reception area that such information is available |
88 | electronically and the website address. The licensed facility |
89 | may indicate that the pricing information is based on a |
90 | compilation of charges for the average patient and that each |
91 | patient's bill may vary from the average depending upon the |
92 | severity of illness and individual resources consumed. The |
93 | licensed facility may also indicate that the price of service is |
94 | negotiable for eligible patients based upon the patient's |
95 | ability to pay. |
96 | 5. A patient has the right to receive a copy of an |
97 | itemized bill upon request. A patient has a right to be given an |
98 | explanation of charges upon request. |
99 | Section 4. Present subsections (8), (9), and (10) of |
100 | section 395.301, Florida Statutes, are redesignated as |
101 | subsections (9), (10), and (11), respectively, and a new |
102 | subsection (8) is added to that section to read: |
103 | 395.301 Itemized patient bill; form and content prescribed |
104 | by the agency.-- |
105 | (8) Each licensed facility that is not operated by the |
106 | state shall provide any uninsured person seeking planned |
107 | nonemergency elective admission a written good faith estimate of |
108 | reasonably anticipated charges for the facility to treat such |
109 | person. The estimate must be provided to the uninsured person |
110 | within 7 business days after the person notifies the facility |
111 | and the facility confirms that the person is uninsured. The |
112 | estimate may be the average charges for that diagnosis-related |
113 | group or the average charges for that procedure. Upon request, |
114 | the facility shall notify the person of any revision to the good |
115 | faith estimate. Such estimate does not preclude the actual |
116 | charges from exceeding the estimate. The facility shall also |
117 | provide to the uninsured person a copy of any facility discount |
118 | and charity care discount policies for which the uninsured |
119 | person may be eligible. The facility shall place a notice in the |
120 | reception area where such information is available. Failure to |
121 | provide the estimate as required by this subsection shall result |
122 | in a fine of $500 for each instance of the facility's failure to |
123 | provide the requested information. |
124 | Section 5. Paragraph (k) of subsection (3) of section |
125 | 408.05, Florida Statutes, is amended to read: |
126 | 408.05 Florida Center for Health Information and Policy |
127 | Analysis.-- |
128 | (3) COMPREHENSIVE HEALTH INFORMATION SYSTEM.--In order to |
129 | produce comparable and uniform health information and statistics |
130 | for the development of policy recommendations, the agency shall |
131 | perform the following functions: |
132 | (k) Develop, in conjunction with the State Consumer Health |
133 | Information and Policy Advisory Council, and implement a long- |
134 | range plan for making available health care quality measures and |
135 | financial data that will allow consumers to compare health care |
136 | services. The health care quality measures and financial data |
137 | the agency must make available shall include, but is not limited |
138 | to, pharmaceuticals, physicians, health care facilities, and |
139 | health plans and managed care entities. The agency shall submit |
140 | the initial plan to the Governor, the President of the Senate, |
141 | and the Speaker of the House of Representatives by January 1, |
142 | 2006, and shall update the plan and report on the status of its |
143 | implementation annually thereafter. The agency shall also make |
144 | the plan and status report available to the public on its |
145 | Internet website. As part of the plan, the agency shall identify |
146 | the process and timeframes for implementation, any barriers to |
147 | implementation, and recommendations of changes in the law that |
148 | may be enacted by the Legislature to eliminate the barriers. As |
149 | preliminary elements of the plan, the agency shall: |
150 | 1. Make available patient-safety indicators, inpatient |
151 | quality indicators, and performance outcome and patient charge |
152 | data collected from health care facilities pursuant to s. |
153 | 408.061(1)(a) and (2). The terms "patient-safety indicators" and |
154 | "inpatient quality indicators" shall be as defined by the |
155 | Centers for Medicare and Medicaid Services, the National Quality |
156 | Forum, the Joint Commission on Accreditation of Healthcare |
157 | Organizations, the Agency for Healthcare Research and Quality, |
158 | the Centers for Disease Control and Prevention, or a similar |
159 | national entity that establishes standards to measure the |
160 | performance of health care providers, or by other states. The |
161 | agency shall determine which conditions, procedures, health care |
162 | quality measures, and patient charge data to disclose based upon |
163 | input from the council. When determining which conditions and |
164 | procedures are to be disclosed, the council and the agency shall |
165 | consider variation in costs, variation in outcomes, and |
166 | magnitude of variations and other relevant information. When |
167 | determining which health care quality measures to disclose, the |
168 | agency: |
169 | a. Shall consider such factors as volume of cases; average |
170 | patient charges; average length of stay; complication rates; |
171 | mortality rates; and infection rates, among others, which shall |
172 | be adjusted for case mix and severity, if applicable. |
173 | b. May consider such additional measures that are adopted |
174 | by the Centers for Medicare and Medicaid Studies, National |
175 | Quality Forum, the Joint Commission on Accreditation of |
176 | Healthcare Organizations, the Agency for Healthcare Research and |
177 | Quality, Centers for Disease Control and Prevention, or a |
178 | similar national entity that establishes standards to measure |
179 | the performance of health care providers, or by other states. |
180 |
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181 | When determining which patient charge data to disclose, the |
182 | agency shall include consider such measures as the average of |
183 | undiscounted charges on frequently performed procedures and |
184 | preventive diagnostic procedures, the range of procedure charges |
185 | from highest to lowest average charge, average net revenue per |
186 | adjusted patient day, average cost per adjusted patient day, and |
187 | average cost per admission, among others. |
188 | 2. Make available performance measures, benefit design, |
189 | and premium cost data from health plans licensed pursuant to |
190 | chapter 627 or chapter 641. The agency shall determine which |
191 | health care quality measures and member and subscriber cost data |
192 | to disclose, based upon input from the council. When determining |
193 | which data to disclose, the agency shall consider information |
194 | that may be required by either individual or group purchasers to |
195 | assess the value of the product, which may include membership |
196 | satisfaction, quality of care, current enrollment or membership, |
197 | coverage areas, accreditation status, premium costs, plan costs, |
198 | premium increases, range of benefits, copayments and |
199 | deductibles, accuracy and speed of claims payment, credentials |
200 | of physicians, number of providers, names of network providers, |
201 | and hospitals in the network. Health plans shall make available |
202 | to the agency any such data or information that is not currently |
203 | reported to the agency or the office. |
204 | 3. Determine the method and format for public disclosure |
205 | of data reported pursuant to this paragraph. The agency shall |
206 | make its determination based upon input from the State Consumer |
207 | Health Information and Policy Advisory Council. At a minimum, |
208 | the data shall be made available on the agency's Internet |
209 | website in a manner that allows consumers to conduct an |
210 | interactive search that allows them to view and compare the |
211 | information for specific providers. The website must include |
212 | such additional information as is determined necessary to ensure |
213 | that the website enhances informed decisionmaking among |
214 | consumers and health care purchasers, which shall include, at a |
215 | minimum, appropriate guidance on how to use the data and an |
216 | explanation of why the data may vary from provider to provider. |
217 | The data specified in subparagraph 1. shall be released no later |
218 | than January 1, 2006, for the reporting of infection rates, and |
219 | no later than October 1, 2005, for mortality rates and |
220 | complication rates. The data specified in subparagraph 2. shall |
221 | be released no later than October 1, 2006. |
222 | 4. Publish on its website undiscounted charges for no |
223 | fewer than 150 of the most commonly performed adult and |
224 | pediatric procedures, including outpatient, inpatient, |
225 | diagnostic, and preventative procedures. |
226 | Section 6. The Agency for Health Care Administration shall |
227 | conduct a study of the use of community benefits programs in |
228 | other states. The agency shall submit a report of its study to |
229 | the relevant committees of the Senate and the House of |
230 | Representatives by January 1, 2009. The report shall include |
231 | recommendations for community benefits requirements in the |
232 | state, including standards and guidelines for not-for-profit |
233 | charitable hospitals that are exempt from taxation under s. |
234 | 501(c)(3) of the Internal Revenue Code. The Office of Program |
235 | Policy Analysis and Government Accountability shall conduct a |
236 | study of not-for-profit charitable hospitals that are exempt |
237 | from taxation under s. 501(c)(3) of the Internal Revenue Code |
238 | and the benefits received by not-for-profit hospitals from sales |
239 | and lease tax exemption certificates obtained pursuant to s. |
240 | 212.08(7)(p), Florida Statutes, and from property tax and |
241 | federal income tax exemptions. The study shall determine the |
242 | dollar value of those exemptions for each hospital for the last |
243 | 3 fiscal years and shall assess the actual cost of charity care |
244 | provided by each hospital for the last 3 fiscal years. The study |
245 | shall include an evaluation of the profitability of not-for- |
246 | profit hospitals and the allocation of hospital resources to |
247 | provide community benefits and executive compensation and shall |
248 | provide a comparison of those results with comparable data from |
249 | other states. The study shall analyze and recommend a state |
250 | standard that would provide accurate and measurable figures |
251 | relating to the reporting of expenditures for charity care and |
252 | uncompensated care. The office shall submit a report to the |
253 | relevant committees of the Senate and the House of |
254 | Representatives by January 1, 2009. For the purposes of the |
255 | studies and reports required under this section, "community |
256 | benefits" means the unreimbursed cost to a hospital of providing |
257 | charity care, uncompensated government-sponsored indigent health |
258 | care, donations, uncompensated government-sponsored program |
259 | services, free screening, testing services, and subsidized |
260 | health services provided by the hospital. |
261 | Section 7. This act shall take effect January 1, 2009. |