Florida Senate - 2017 SB 1206 By Senator Montford 3-00124A-17 20171206__ 1 A bill to be entitled 2 An act relating to the rights and responsibilities of 3 patients; amending s. 381.026, F.S.; requiring health 4 care facilities and providers to authorize patients to 5 bring in any person of the patients’ choosing to 6 specified areas of the facilities or providers’ 7 offices under certain circumstances; requiring health 8 care facilities and providers to include such 9 authorization as an additional patient standard in the 10 statement of rights and responsibilities made 11 available to patients by health care providers; 12 providing an effective date. 13 14 Be It Enacted by the Legislature of the State of Florida: 15 16 Section 1. Paragraph (a) of subsection (4) and subsection 17 (6) of section 381.026, Florida Statutes, are amended to read: 18 381.026 Florida Patient’s Bill of Rights and 19 Responsibilities.— 20 (4) RIGHTS OF PATIENTS.—Each health care facility or 21 provider shall observe the following standards: 22 (a) Individual dignity.— 23 1. The individual dignity of a patient must be respected at 24 all times and upon all occasions. 25 2. Every patient who is provided health care services 26 retains certain rights to privacy, which must be respected 27 without regard to the patient’s economic status or source of 28 payment for his or her care. The patient’s rights to privacy 29 must be respected to the extent consistent with providing 30 adequate medical care to the patient and with the efficient 31 administration of the health care facility or provider’s office. 32 However, this subparagraph does not preclude necessary and 33 discreet discussion of a patient’s case or examination by 34 appropriate medical personnel. 35 3. A patient has the right to a prompt and reasonable 36 response to a question or request. A health care facility shall 37 respond in a reasonable manner to the request of a patient’s 38 health care provider for medical services to the patient. The 39 health care facility shall also respond in a reasonable manner 40 to the patient’s request for other services customarily rendered 41 by the health care facility to the extent such services do not 42 require the approval of the patient’s health care provider or 43 are not inconsistent with the patient’s treatment. 44 4. A patient in a health care facility has the right to 45 retain and use personal clothing or possessions as space 46 permits, unless for him or her to do so would infringe upon the 47 right of another patient or is medically or programmatically 48 contraindicated for documented medical, safety, or programmatic 49 reasons. 50 5. A patient receiving care in a health care facility or in 51 a provider’s office has the right to bring any person of his or 52 her choosing to the patient-accessible areas of the health care 53 facility or provider’s office to accompany the patient while the 54 patient is receiving inpatient or outpatient treatment or is 55 consulting with his or her health care provider. Any person or 56 entity that may have a fiduciary interest affected by the 57 patient’s course of treatment may not attend a consultation or 58 attempt to change a prescribed course of treatment without the 59 health care provider’s consent. 60 (6) SUMMARY OF RIGHTS AND RESPONSIBILITIES.—Any health care 61 provider who treats a patient in an office or any health care 62 facility licensed under chapter 395 that provides emergency 63 services and care or outpatient services and care to a patient, 64 or admits and treats a patient, shall adopt and make available 65 to the patient, in writing, a statement of the rights and 66 responsibilities of patients, including the following: 67 68 SUMMARY OF THE FLORIDA PATIENT’S BILL 69 OF RIGHTS AND RESPONSIBILITIES 70 71 Florida law requires that your health care provider or 72 health care facility recognize your rights while you are 73 receiving medical care and that you respect the health care 74 provider’s or health care facility’s right to expect certain 75 behavior on the part of patients. You may request a copy of the 76 full text of this law from your health care provider or health 77 care facility. A summary of your rights and responsibilities 78 follows: 79 A patient has the right to be treated with courtesy and 80 respect, with appreciation of his or her individual dignity, and 81 with protection of his or her need for privacy. 82 A patient has the right to a prompt and reasonable response 83 to questions and requests. 84 A patient has the right to know who is providing medical 85 services and who is responsible for his or her care. 86 A patient has the right to know what patient support 87 services are available, including whether an interpreter is 88 available if he or she does not speak English. 89 A patient has the right to bring any person of his or her 90 choosing to the patient-accessible areas of the health care 91 facility or provider’s office to accompany the patient while the 92 patient is receiving inpatient or outpatient treatment or is 93 consulting with his or her health care provider, except that any 94 person or entity that may have a fiduciary interest affected by 95 the patient’s course of treatment may not attend a consultation 96 or attempt to change a prescribed course of treatment without 97 the health care provider’s consent. 98 A patient has the right to know what rules and regulations 99 apply to his or her conduct. 100 A patient has the right to be given by the health care 101 provider information concerning diagnosis, planned course of 102 treatment, alternatives, risks, and prognosis. 103 A patient has the right to refuse any treatment, except as 104 otherwise provided by law. 105 A patient has the right to be given, upon request, full 106 information and necessary counseling on the availability of 107 known financial resources for his or her care. 108 A patient who is eligible for Medicare has the right to 109 know, upon request and in advance of treatment, whether the 110 health care provider or health care facility accepts the 111 Medicare assignment rate. 112 A patient has the right to receive, upon request, prior to 113 treatment, a reasonable estimate of charges for medical care. 114 A patient has the right to receive a copy of a reasonably 115 clear and understandable, itemized bill and, upon request, to 116 have the charges explained. 117 A patient has the right to impartial access to medical 118 treatment or accommodations, regardless of race, national 119 origin, religion, handicap, or source of payment. 120 A patient has the right to treatment for any emergency 121 medical condition that will deteriorate from failure to provide 122 treatment. 123 A patient has the right to know if medical treatment is for 124 purposes of experimental research and to give his or her consent 125 or refusal to participate in such experimental research. 126 A patient has the right to express grievances regarding any 127 violation of his or her rights, as stated in Florida law, 128 through the grievance procedure of the health care provider or 129 health care facility which served him or her and to the 130 appropriate state licensing agency. 131 A patient is responsible for providing to the health care 132 provider, to the best of his or her knowledge, accurate and 133 complete information about present complaints, past illnesses, 134 hospitalizations, medications, and other matters relating to his 135 or her health. 136 A patient is responsible for reporting unexpected changes 137 in his or her condition to the health care provider. 138 A patient is responsible for reporting to the health care 139 provider whether he or she comprehends a contemplated course of 140 action and what is expected of him or her. 141 A patient is responsible for following the treatment plan 142 recommended by the health care provider. 143 A patient is responsible for keeping appointments and, when 144 he or she is unable to do so for any reason, for notifying the 145 health care provider or health care facility. 146 A patient is responsible for his or her actions if he or 147 she refuses treatment or does not follow the health care 148 provider’s instructions. 149 A patient is responsible for assuring that the financial 150 obligations of his or her health care are fulfilled as promptly 151 as possible. 152 A patient is responsible for following health care facility 153 rules and regulations affecting patient care and conduct. 154 Section 2. This act shall take effect July 1, 2017.