| 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. |