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.—AAnyhealth 20 care provider who treats a patient in an office or any health 21 care facility licensed under chapter 395 whichthatprovides 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 ananyemergency 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 77anyviolation 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 thatwhichserved 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) Inanybilling 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.