Florida Senate - 2011 COMMITTEE AMENDMENT
Bill No. SB 1410
Barcode 657850
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/04/2011 .
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The Committee on Health Regulation (Gardiner) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Subsection (2) and paragraph (c) of subsection
6 (4) of section 381.026, Florida Statutes, are amended to read:
7 381.026 Florida Patient’s Bill of Rights and
8 Responsibilities.—
9 (2) DEFINITIONS.—As used in this section and s. 381.0261,
10 the term:
11 (a) “Department” means the Department of Health.
12 (b) “Health care facility” means a facility licensed under
13 chapter 395.
14 (c) “Health care provider” means a physician licensed under
15 chapter 458, an osteopathic physician licensed under chapter
16 459, or a podiatric physician licensed under chapter 461.
17 (d) “Primary care provider” means a health care provider
18 who provides medical services to patients which are commonly
19 provided without referral from another health care provider,
20 including a health care provider who practices family medicine,
21 general medicine, general pediatrics, or general internal
22 medicine.
23 (e)(d) “Responsible provider” means a health care provider
24 who is primarily responsible for patient care in a health care
25 facility or provider’s office.
26 (4) RIGHTS OF PATIENTS.—Each health care facility or
27 provider shall observe the following standards:
28 (c) Financial information and disclosure.—
29 1. A patient has the right to be given, upon request, by
30 the responsible provider, his or her designee, or a
31 representative of the health care facility full information and
32 necessary counseling on the availability of known financial
33 resources for the patient’s health care.
34 2. A health care provider or a health care facility shall,
35 upon request, disclose to each patient who is eligible for
36 Medicare, before in advance of treatment, whether the health
37 care provider or the health care facility in which the patient
38 is receiving medical services accepts assignment under Medicare
39 reimbursement as payment in full for medical services and
40 treatment rendered in the health care provider’s office or
41 health care facility.
42 3. A primary care provider may publish a schedule of
43 charges for the medical services that the provider offers to
44 patients. The schedule must include the prices charged to an
45 uninsured person paying for such services by cash, check, credit
46 card, or debit card. The schedule must be posted in a
47 conspicuous place in the reception area of the provider’s
48 office, and the posting must be at least 15 square feet in size.
49 The schedule must include, but need not be limited to, the 50
50 services most frequently provided by that primary care provider.
51 The schedule may group the services by three price levels,
52 listing the services in each price level. A primary care
53 provider who publishes and maintains such a schedule is exempt
54 from the continuing education requirements of chapter 456 and
55 rules implementing those requirements for a single 2-year
56 period.
57 4.3. A health care provider or a health care facility
58 shall, upon request, furnish a person, before the prior to
59 provision of medical services, a reasonable estimate of charges
60 for such services. The health care provider or the health care
61 facility shall provide an uninsured person, before prior to the
62 provision of a planned nonemergency medical service, a
63 reasonable estimate of charges for such service and information
64 regarding the provider’s or facility’s discount or charity
65 policies for which the uninsured person may be eligible. Such
66 estimates by a primary care provider must be consistent with the
67 prices listed on the schedule that is posted under subparagraph
68 3. Estimates must shall, to the extent possible, be written in a
69 language comprehensible to an ordinary layperson. Such
70 reasonable estimate does shall not preclude the health care
71 provider or health care facility from exceeding the estimate or
72 making additional charges based on changes in the patient’s
73 condition or treatment needs.
74 5.4. Each licensed facility not operated by the state shall
75 make available to the public on its Internet website or by other
76 electronic means a description of and a link to the performance
77 outcome and financial data that is published by the agency
78 pursuant to s. 408.05(3)(k). The facility shall place a notice
79 in the reception area that such information is available
80 electronically and the website address. The licensed facility
81 may indicate that the pricing information is based on a
82 compilation of charges for the average patient and that each
83 patient’s bill may vary from the average depending upon the
84 severity of illness and individual resources consumed. The
85 licensed facility may also indicate that the price of service is
86 negotiable for eligible patients based upon the patient’s
87 ability to pay.
88 6.5. A patient has the right to receive a copy of an
89 itemized bill upon request. A patient has a right to be given an
90 explanation of charges upon request.
91 Section 2. This act shall take effect July 1, 2011.
92
93 ================= T I T L E A M E N D M E N T ================
94 And the title is amended as follows:
95 Delete everything before the enacting clause
96 and insert:
97 A bill to be entitled
98 An act relating to a patient’s bill of rights and
99 responsibilities; amending s. 381.026, F.S.; defining
100 the term “primary care provider” as it relates to the
101 Florida Patient’s Bill of Rights and Responsibilities;
102 authorizing a primary care provider to publish and
103 post a schedule of certain charges for medical
104 services offered to patients; providing requirements
105 for the schedule; providing that the schedule may
106 group the provider’s services by price levels and list
107 the services in each price level; providing an
108 exemption from continuing education requirements for a
109 primary care provider who posts such a schedule;
110 requiring a primary care provider’s estimates of
111 charges for medical services to be consistent with the
112 prices listed on the posted schedule; providing an
113 effective date.