Florida Senate - 2014                                     SB 488
       
       
        
       By Senator Ring
       
       
       
       
       
       29-00734-14                                            2014488__
    1                        A bill to be entitled                      
    2         An act relating to out-of-network physician charges;
    3         amending s. 381.026, F.S., relating to the Florida
    4         Patient’s Bill of Rights and Responsibilities;
    5         providing that a patient is responsible for reviewing
    6         a document informing the patient that he or she may be
    7         charged for out-of-network physician services;
    8         amending s. 395.301, F.S.; requiring a patient of a
    9         licensed facility to be presented with a document
   10         regarding charges for out-of-network physician
   11         services; providing an effective date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Subsection (6) of section 381.026, Florida
   16  Statutes, is amended to read:
   17         381.026 Florida Patient’s Bill of Rights and
   18  Responsibilities.—
   19         (6) SUMMARY OF RIGHTS AND RESPONSIBILITIES.—A Any health
   20  care provider who treats a patient in an office or any health
   21  care facility licensed under chapter 395 which that provides
   22  emergency services and care or outpatient services and care to a
   23  patient, or admits and treats a patient, shall adopt and make
   24  available to the patient, in writing, a statement of the rights
   25  and responsibilities of patients, including the following:
   26  
   27                SUMMARY OF THE FLORIDA PATIENT’S BILL              
   28                   OF RIGHTS AND RESPONSIBILITIES                  
   29  
   30         Florida law requires that your health care provider or
   31  health care facility recognize your rights while you are
   32  receiving medical care and that you respect the health care
   33  provider’s or health care facility’s right to expect certain
   34  behavior on the part of patients. You may request a copy of the
   35  full text of this law from your health care provider or health
   36  care facility. A summary of your rights and responsibilities
   37  follows:
   38         A patient has the right to be treated with courtesy and
   39  respect, with appreciation of his or her individual dignity, and
   40  with protection of his or her need for privacy.
   41         A patient has the right to a prompt and reasonable response
   42  to questions and requests.
   43         A patient has the right to know who is providing medical
   44  services and who is responsible for his or her care.
   45         A patient has the right to know what patient support
   46  services are available, including whether an interpreter is
   47  available if he or she does not speak English.
   48         A patient has the right to know what rules and regulations
   49  apply to his or her conduct.
   50         A patient has the right to be given by the health care
   51  provider information concerning diagnosis, planned course of
   52  treatment, alternatives, risks, and prognosis.
   53         A patient has the right to refuse any treatment, except as
   54  otherwise provided by law.
   55         A patient has the right to be given, upon request, full
   56  information and necessary counseling on the availability of
   57  known financial resources for his or her care.
   58         A patient who is eligible for Medicare has the right to
   59  know, upon request and in advance of treatment, whether the
   60  health care provider or health care facility accepts the
   61  Medicare assignment rate.
   62         A patient has the right to receive, upon request, prior to
   63  treatment, a reasonable estimate of charges for medical care.
   64         A patient has the right to receive a copy of a reasonably
   65  clear and understandable, itemized bill and, upon request, to
   66  have the charges explained.
   67         A patient has the right to impartial access to medical
   68  treatment or accommodations, regardless of race, national
   69  origin, religion, handicap, or source of payment.
   70         A patient has the right to treatment for an any emergency
   71  medical condition that will deteriorate from failure to provide
   72  treatment.
   73         A patient has the right to know if medical treatment is for
   74  purposes of experimental research and to give his or her consent
   75  or refusal to participate in such experimental research.
   76         A patient has the right to express grievances regarding a
   77  any violation of his or her rights, as stated in Florida law,
   78  through the grievance procedure of the health care provider or
   79  health care facility that which served him or her and to the
   80  appropriate state licensing agency.
   81         A patient is responsible for providing to the health care
   82  provider, to the best of his or her knowledge, accurate and
   83  complete information about present complaints, past illnesses,
   84  hospitalizations, medications, and other matters relating to his
   85  or her health.
   86         A patient is responsible for reporting unexpected changes
   87  in his or her condition to the health care provider.
   88         A patient is responsible for reporting to the health care
   89  provider whether he or she comprehends a contemplated course of
   90  action and what is expected of him or her.
   91         A patient is responsible for following the treatment plan
   92  recommended by the health care provider.
   93         A patient is responsible for keeping appointments and, when
   94  he or she is unable to do so for any reason, for notifying the
   95  health care provider or health care facility.
   96         A patient is responsible for his or her actions if he or
   97  she refuses treatment or does not follow the health care
   98  provider’s instructions.
   99         A patient is responsible for reviewing a document presented
  100  upon admission for treatment informing the patient that he or
  101  she may be charged for out-of-network physician services.
  102         A patient is responsible for assuring that the financial
  103  obligations of his or her health care are fulfilled as promptly
  104  as possible.
  105         A patient is responsible for following health care facility
  106  rules and regulations affecting patient care and conduct.
  107         Section 2. Subsection (5) of section 395.301, Florida
  108  Statutes, is amended to read:
  109         395.301 Itemized patient bill; form and content prescribed
  110  by the agency.—
  111         (5) In any billing for services subsequent to the initial
  112  billing for such services, the patient, or the patient’s
  113  survivor or legal guardian, may elect, at his or her option, to
  114  receive a copy of the detailed statement of specific services
  115  received and expenses incurred for each such item of service as
  116  provided in subsection (1). Before services are rendered, a
  117  patient shall be presented with a document informing the patient
  118  that he or she may be charged for out-of-network physician
  119  services. The patient may sign the document, thereby indicating
  120  that he or she has reviewed the information contained therein,
  121  or, if the patient declines to sign, the licensed facility
  122  employee who presents the document to the patient may sign the
  123  document to verify that the patient was presented with the
  124  information.
  125         Section 3. This act shall take effect January 1, 2015.