Florida Senate - 2014 CS for SB 488
By the Committee on Health Policy; and Senator Ring
588-02459A-14 2014488c1
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 by a health care facility upon admission for treatment informing
101 the patient that he or she may be charged for out-of-network
102 physician services.
103 A patient is responsible for assuring that the financial
104 obligations of his or her health care are fulfilled as promptly
105 as possible.
106 A patient is responsible for following health care facility
107 rules and regulations affecting patient care and conduct.
108 Section 2. Subsection (12) is added to section 395.301,
109 Florida Statutes, to read:
110 395.301 Itemized patient bill; form and content prescribed
111 by the agency.—
112 (12) Before services are rendered, a patient shall be
113 presented with a document informing the patient that he or she
114 may be charged for out-of-network physician services. The
115 patient may sign the document, thereby indicating that he or she
116 has reviewed the information contained therein, or, if the
117 patient declines to sign, the licensed facility employee who
118 presents the document to the patient may sign the document to
119 verify that the patient was presented with the information.
120 Section 3. This act shall take effect January 1, 2015.