Florida Senate - 2024                             CS for SB 1640
       
       
        
       By the Committee on Fiscal Policy; and Senator Collins
       
       
       
       
       
       594-03832-24                                          20241640c1
    1                        A bill to be entitled                      
    2         An act relating to payments for health care services;
    3         amending s. 95.11, F.S.; establishing a 3-year statute
    4         of limitations for an action to collect medical debt
    5         for services rendered by certain health care
    6         facilities; creating s. 222.26, F.S.; providing
    7         additional personal property exemptions from legal
    8         process for medical debts resulting from services
    9         provided in certain licensed facilities; amending s.
   10         395.301, F.S.; requiring certain licensed facilities
   11         to post on their respective websites a consumer
   12         friendly list of standard charges for a minimum number
   13         of shoppable health care services; requiring the
   14         facilities to provide such information in an
   15         alternative format as requested by the patient;
   16         defining terms; requiring licensed facilities to
   17         provide a good faith estimate of reasonably
   18         anticipated charges to the patient’s health insurer
   19         and the patient, prospective patient, or patient’s
   20         legal guardian within specified timeframes; requiring
   21         such facilities to provide the estimate in the manner
   22         selected by the patient, prospective patient, or
   23         patient’s legal guardian; revising notification
   24         requirements for such estimates to include
   25         notification of a patient’s legal guardian, if any;
   26         deleting the requirement that licensed facilities
   27         educate the public on the availability of such
   28         estimates upon request; revising a penalty; deleting
   29         construction; requiring licensed facilities to
   30         establish an internal grievance process for patients
   31         to submit grievances, including to dispute charges;
   32         requiring licensed facilities to make available on
   33         their respective websites information necessary for
   34         initiating a grievance; requiring licensed facilities
   35         to respond to a patient grievance within a specified
   36         timeframe; requiring licensed facilities to disclose
   37         certain information to patients, prospective patients,
   38         and patients’ legal guardians, as applicable;
   39         providing a civil penalty; creating s. 395.3011, F.S.;
   40         defining the term “extraordinary collection action”;
   41         prohibiting licensed facilities from engaging in
   42         extraordinary collection actions against individuals
   43         to obtain payment for services under specified
   44         circumstances; amending s. 624.27, F.S.; revising the
   45         definition of the term “health care provider” for
   46         purposes of direct health care agreements; creating s.
   47         627.446, F.S.; defining the term “health insurer”;
   48         requiring health insurers to provide an insured with
   49         an advanced explanation of benefits after receiving a
   50         patient estimate from a facility for scheduled
   51         services; providing requirements for the advanced
   52         explanation of benefits; creating s. 627.447, F.S.;
   53         prohibiting health insurers from prohibiting providers
   54         from disclosing certain information to an insured;
   55         defining the term “discounted cash price”; amending s.
   56         627.6387, F.S.; revising the definitions of the terms
   57         “health insurer” and “shared savings incentive” to
   58         conform to changes made by the act; requiring, rather
   59         than authorizing, health insurers to offer a shared
   60         savings incentive program under certain circumstances;
   61         requiring that a certain notification required of
   62         health insurers include specified information;
   63         providing that a shared savings incentive offered by a
   64         health insurer constitutes a medical expense for
   65         purposes of rate development and rate filing; amending
   66         ss. 627.6648 and 641.31076, F.S.; providing that a
   67         shared savings incentive offered by a health insurer
   68         or health maintenance organization, respectively,
   69         constitutes a medical expense for rate development and
   70         rate filing purposes; amending ss. 475.01, 475.611,
   71         517.191, 768.28, and 787.061, F.S.; conforming cross
   72         references; providing applicability; providing an
   73         effective date.
   74          
   75  Be It Enacted by the Legislature of the State of Florida:
   76  
   77         Section 1. Present subsections (4) through (12) of section
   78  95.11, Florida Statutes, are redesignated as subsections (5)
   79  through (13), respectively, a new subsection (4) is added to
   80  that section, and paragraph (b) of subsection (2), paragraph (n)
   81  of subsection (3), paragraphs (f) and (g) of present subsection
   82  (5), and present subsection (10) of that section are amended, to
   83  read:
   84         95.11 Limitations other than for the recovery of real
   85  property.—Actions other than for recovery of real property shall
   86  be commenced as follows:
   87         (2) WITHIN FIVE YEARS.—
   88         (b) A legal or equitable action on a contract, obligation,
   89  or liability founded on a written instrument, except for an
   90  action to enforce a claim against a payment bond, which shall be
   91  governed by the applicable provisions of paragraph (6)(e)
   92  (5)(e), s. 255.05(10), s. 337.18(1), or s. 713.23(1)(e), and
   93  except for an action for a deficiency judgment governed by
   94  paragraph (6)(h) (5)(h).
   95         (3) WITHIN FOUR YEARS.—
   96         (n) An action for assault, battery, false arrest, malicious
   97  prosecution, malicious interference, false imprisonment, or any
   98  other intentional tort, except as provided in subsections (4),
   99  (5), (6), and (8) (7).
  100         (4)WITHIN THREE YEARS.—An action to collect medical debt
  101  for services rendered by a facility licensed under chapter 395,
  102  provided that the period of limitations runs from the date on
  103  which the facility completes written notification of the medical
  104  debt, either through the mail or via electronic means with
  105  evidence of receipt, in the delivery manner selected by the
  106  affected patient or the patient’s legal representative or the
  107  date on which the facility refers the medical debt to a third
  108  party for collection, whichever date is later.
  109         (6)(5) WITHIN ONE YEAR.—
  110         (f) Except for actions described in subsection (9) (8), a
  111  petition for extraordinary writ, other than a petition
  112  challenging a criminal conviction, filed by or on behalf of a
  113  prisoner as defined in s. 57.085.
  114         (g) Except for actions described in subsection (9) (8), an
  115  action brought by or on behalf of a prisoner, as defined in s.
  116  57.085, relating to the conditions of the prisoner’s
  117  confinement.
  118         (11)(10) FOR INTENTIONAL TORTS RESULTING IN DEATH FROM ACTS
  119  DESCRIBED IN S. 782.04 OR S. 782.07.—Notwithstanding paragraph
  120  (5)(e) (4)(e), an action for wrongful death seeking damages
  121  authorized under s. 768.21 brought against a natural person for
  122  an intentional tort resulting in death from acts described in s.
  123  782.04 or s. 782.07 may be commenced at any time. This
  124  subsection shall not be construed to require an arrest, the
  125  filing of formal criminal charges, or a conviction for a
  126  violation of s. 782.04 or s. 782.07 as a condition for filing a
  127  civil action.
  128         Section 2. Section 222.26, Florida Statutes, is created to
  129  read:
  130         222.26Additional exemptions from legal process concerning
  131  medical debt.—If a debt is owed for medical services provided by
  132  a facility licensed under chapter 395, the following property is
  133  exempt from attachment, garnishment, or other legal process in
  134  an action on such debt:
  135         (1)A debtor’s interest, not to exceed $10,000 in value, in
  136  a single motor vehicle as defined in s. 320.01(1).
  137         (2)A debtor’s interest in personal property, not to exceed
  138  $10,000 in value, if the debtor does not claim or receive the
  139  benefits of a homestead exemption under s. 4, Art. X of the
  140  State Constitution.
  141         Section 3. Present paragraphs (b), (c), and (d) of
  142  subsection (1) of section 395.301, Florida Statutes, are
  143  redesignated as paragraphs (c), (d), and (e), respectively,
  144  present subsection (6) is redesignated as subsection (8), a new
  145  paragraph (b) is added to subsection (1), a new subsection (6)
  146  and subsection (7) are added to that section, and present
  147  paragraph (b) of subsection (1) of that section is amended, to
  148  read:
  149         395.301 Price transparency; itemized patient statement or
  150  bill; patient admission status notification.—
  151         (1) A facility licensed under this chapter shall provide
  152  timely and accurate financial information and quality of service
  153  measures to patients and prospective patients of the facility,
  154  or to patients’ survivors or legal guardians, as appropriate.
  155  Such information shall be provided in accordance with this
  156  section and rules adopted by the agency pursuant to this chapter
  157  and s. 408.05. Licensed facilities operating exclusively as
  158  state facilities are exempt from this subsection.
  159         (b)Each licensed facility shall post on its website a
  160  consumer-friendly list of standard charges for at least 300
  161  shoppable health care services. If a facility provides fewer
  162  than 300 distinct shoppable health care services, it must make
  163  available on its website the standard charges for each service
  164  it provides. A facility shall provide the information in an
  165  alternative format as requested by the patient. As used in this
  166  paragraph, the term:
  167         1.“Shoppable health care service” means a service that can
  168  be scheduled by a health care consumer in advance. The term
  169  includes, but is not limited to, the services described in s.
  170  627.6387(2)(e) and any services defined in regulations or
  171  guidance issued by the United States Department of Health and
  172  Human Services.
  173         2.“Standard charge” has the same meaning as the definition
  174  of that term in regulations or guidance issued by the United
  175  States Department of Health and Human Services for purposes of
  176  hospital price transparency.
  177         (c)1.(b)1.Upon request, and Before providing any
  178  nonemergency medical services, each licensed facility shall
  179  provide in writing or by electronic means, in the manner
  180  requested by the patient, prospective patient, or patient’s
  181  legal guardian, a good faith estimate of reasonably anticipated
  182  charges by the facility for the treatment of the patient’s or
  183  prospective patient’s specific condition. Such estimate must be
  184  provided to the patient, prospective patient, or patient’s legal
  185  guardian upon scheduling a medical service. The facility must
  186  provide the estimate to the patient or prospective patient
  187  within 7 business days after the receipt of the request and is
  188  not required to adjust the estimate for any potential insurance
  189  coverage. The facility shall provide the estimate to the
  190  patient’s health insurer, as defined in s. 627.446(1), and the
  191  patient or the patient’s legal guardian at least 3 business days
  192  before a service is to be furnished, but no later than 1
  193  business day after the service is scheduled or, in the case of a
  194  service scheduled at least 10 business days in advance, no later
  195  than 3 business days after the service is scheduled. The
  196  estimate may be based on the descriptive service bundles
  197  developed by the agency under s. 408.05(3)(c) unless the
  198  patient, or prospective patient, or patient’s legal guardian
  199  requests a more personalized and specific estimate that accounts
  200  for the specific condition and characteristics of the patient or
  201  prospective patient. The facility shall inform the patient, or
  202  prospective patient, or patient’s legal guardian that he or she
  203  may contact the patient’s his or her health insurer or health
  204  maintenance organization for additional information concerning
  205  cost-sharing responsibilities.
  206         2. In the estimate, the facility shall provide to the
  207  patient, or prospective patient, or patient’s legal guardian
  208  information delivered in the patient’s preferred format on the
  209  facility’s financial assistance policy, including the
  210  application process, payment plans, and discounts and the
  211  facility’s charity care policy and collection procedures.
  212         3. The estimate shall clearly identify any facility fees
  213  and, if applicable, include a statement notifying the patient,
  214  or prospective patient, or patient’s legal guardian that a
  215  facility fee is included in the estimate, the purpose of the
  216  fee, and that the patient may pay less for the procedure or
  217  service at another facility or in another health care setting.
  218         4. Upon request, The facility shall notify the patient, or
  219  prospective patient, or patient’s legal guardian of any revision
  220  to the estimate.
  221         5. In the estimate, the facility must notify the patient,
  222  or prospective patient, or patient’s legal guardian that
  223  services may be provided in the health care facility by the
  224  facility as well as by other health care providers that may
  225  separately bill the patient, if applicable.
  226         6. The facility shall take action to educate the public
  227  that such estimates are available upon request.
  228         7. Failure to timely provide the estimate pursuant to this
  229  paragraph shall result in a daily fine of $1,000 until the
  230  estimate is provided to the patient, or prospective patient, or
  231  patient’s legal guardian and the health insurer. The total fine
  232  per patient estimate may not exceed $10,000.
  233  
  234  The provision of an estimate does not preclude the actual
  235  charges from exceeding the estimate.
  236         (6)Each facility shall establish an internal process for
  237  reviewing and responding to grievances from patients. Such
  238  process must allow patients to dispute charges that appear on
  239  the patient’s itemized statement or bill. The facility shall
  240  prominently post on its website and indicate in bold print on
  241  each itemized statement or bill the instructions for initiating
  242  a grievance and the direct contact information required to
  243  initiate the grievance process. The facility shall provide an
  244  initial response to a patient grievance within 7 business days
  245  after the patient formally files a grievance disputing all or a
  246  portion of an itemized statement or bill.
  247         (7)Each licensed facility shall disclose to a patient,
  248  prospective patient, or a patient’s legal guardian whether a
  249  cost-sharing obligation for a particular covered health care
  250  service or item exceeds the charge that applies to an individual
  251  who pays cash or the cash equivalent for the same health care
  252  service or item in the absence of health insurance coverage. The
  253  facility’s failure to provide a disclosure compliant with this
  254  section may result in a fine not to exceed $500 per incident.
  255         Section 4. Section 395.3011, Florida Statutes, is created
  256  to read:
  257         395.3011Billing and collection activities.—
  258         (1)As used in this section, the term “extraordinary
  259  collection action” means any of the following actions taken by a
  260  licensed facility against an individual in relation to obtaining
  261  payment of a bill for care covered under the facility’s
  262  financial assistance policy:
  263         (a)Selling the individual’s debt to another party.
  264         (b)Reporting adverse information about the individual to
  265  consumer credit reporting agencies or credit bureaus.
  266         (c)Deferring, denying, or requiring a payment before
  267  providing medically necessary care because of the individual’s
  268  nonpayment of one or more bills for previously provided care
  269  covered under the facility’s financial assistance policy.
  270         (d)Actions that require a legal or judicial process,
  271  including, but not limited to:
  272         1.Placing a lien on the individual’s property;
  273         2.Foreclosing on the individual’s real property;
  274         3.Attaching or seizing the individual’s bank account or
  275  any other personal property;
  276         4.Commencing a civil action against the individual;
  277         5.Causing the individual’s arrest; or
  278         6.Garnishing the individual’s wages.
  279         (2)A facility may not engage in an extraordinary
  280  collection action against an individual to obtain payment for
  281  services:
  282         (a)Before the facility has made reasonable efforts to
  283  determine whether the individual is eligible for assistance
  284  under its financial assistance policy for the care provided and,
  285  if eligible, before a decision is made by the facility on the
  286  patient’s application for such financial assistance.
  287         (b)Before the facility has provided the individual with an
  288  itemized statement or bill.
  289         (c)During an ongoing grievance process as described in s.
  290  395.301(6) or an ongoing appeal of a claim adjudication.
  291         (d)Before billing any applicable insurer and allowing the
  292  insurer to adjudicate a claim.
  293         (e)For 30 calendar days after notifying the patient in
  294  writing, by certified mail or by other traceable delivery
  295  method, that a collection action will commence absent additional
  296  action by the patient.
  297         (f)While the individual:
  298         1.Negotiates in good faith the final amount of a bill for
  299  services rendered; or
  300         2.Complies with all terms of a payment plan with the
  301  facility.
  302         Section 5. Paragraph (b) of subsection (1) of section
  303  624.27, Florida Statutes, is amended to read:
  304         624.27 Direct health care agreements; exemption from code.—
  305         (1) As used in this section, the term:
  306         (b) “Health care provider” means a health care provider
  307  licensed under chapter 458, chapter 459, chapter 460, chapter
  308  461, chapter 464, or chapter 466, chapter 490, or chapter 491,
  309  or a health care group practice, who provides health care
  310  services to patients.
  311         Section 6. Section 627.446, Florida Statutes, is created to
  312  read:
  313         627.446Advanced explanation of benefits.—
  314         (1)As used in this section, the term “health insurer”
  315  means an authorized insurer issuing individual or group coverage
  316  under this chapter or a health maintenance organization issuing
  317  coverage through an individual or a group contract under chapter
  318  641.
  319         (2)Each health insurer shall prepare an advanced
  320  explanation of benefits upon receiving a patient estimate from a
  321  facility pursuant to s. 395.301(1). The health insurer must
  322  provide the advanced explanation of benefits to the insured no
  323  later than 1 business day after receiving the patient estimate
  324  from the facility or, in the case of a service scheduled at
  325  least 10 business days in advance, no later than 3 business days
  326  after receiving such estimate.
  327         (3)At a minimum, the advanced explanation of benefits must
  328  include detailed coverage and cost-sharing information pursuant
  329  to 42 U.S.C. s. 300gg-111 (2020) and the regulations and
  330  guidance adopted thereunder.
  331         Section 7. Section 627.447, Florida Statutes, is created to
  332  read:
  333         627.447 Disclosure of discounted cash prices.—A health
  334  insurer may not prohibit a provider from disclosing to an
  335  insured the option to pay the provider’s discounted cash price
  336  for health care services. For purposes of this section, the term
  337  discounted cash price has the following meanings:
  338         (1)With respect to a hospital facility, the term has the
  339  same meaning as provided in 45 C.F.R. s. 180.20. The term does
  340  not include the amount charged to an individual pursuant to a
  341  facility’s financial assistance policy.
  342         (2)With respect to a provider that is not a hospital, the
  343  term means the charge that is applied to an individual who paid
  344  for a health care service without filing an insurance claim.
  345         Section 8. Paragraphs (b) and (c) of subsection (2),
  346  subsection (3), and paragraph (a) of subsection (4) of section
  347  627.6387, Florida Statutes, are amended to read:
  348         627.6387 Shared savings incentive program.—
  349         (2) As used in this section, the term:
  350         (b) “Health insurer” means an authorized insurer offering
  351  health insurance as defined in s. 627.446 s. 624.603.
  352         (c) “Shared savings incentive” means a voluntary and
  353  optional financial incentive that a health insurer provides may
  354  provide to an insured for choosing certain shoppable health care
  355  services under a shared savings incentive program, which and may
  356  include, but is not limited to, the incentives described in s.
  357  626.9541(4)(a).
  358         (3) A health insurer must may offer a shared savings
  359  incentive program to provide incentives to an insured when the
  360  insured obtains a shoppable health care service from the health
  361  insurer’s shared savings list. An insured may not be required to
  362  participate in a shared savings incentive program. A health
  363  insurer that offers a shared savings incentive program must:
  364         (a) Establish the program as a component part of the policy
  365  or certificate of insurance provided by the health insurer and
  366  notify the insureds and the office at least 30 days before
  367  program termination.
  368         (b) File a description of the program on a form prescribed
  369  by commission rule. The office must review the filing and
  370  determine whether the shared savings incentive program complies
  371  with this section.
  372         (c) Notify an insured annually and at the time of renewal,
  373  and an applicant for insurance at the time of enrollment, of the
  374  availability of the shared savings incentive program and the
  375  procedure to participate in the program and that participation
  376  by the insured is voluntary and optional.
  377         (d) Publish on a web page easily accessible to insureds and
  378  to applicants for insurance a list of shoppable health care
  379  services and health care providers and the shared savings
  380  incentive amount applicable for each service. A shared savings
  381  incentive may not be less than 25 percent of the savings
  382  generated by the insured’s participation in any shared savings
  383  incentive offered by the health insurer. The baseline for the
  384  savings calculation is the average in-network amount paid for
  385  that service in the most recent 12-month period or some other
  386  methodology established by the health insurer and approved by
  387  the office.
  388         (e) At least quarterly, credit or deposit the shared
  389  savings incentive amount to the insured’s account as a return or
  390  reduction in premium, or credit the shared savings incentive
  391  amount to the insured’s flexible spending account, health
  392  savings account, or health reimbursement account, or reward the
  393  insured directly with cash or a cash equivalent.
  394         (f) Submit an annual report to the office within 90
  395  business days after the close of each plan year. At a minimum,
  396  the report must include the following information:
  397         1. The number of insureds who participated in the program
  398  during the plan year and the number of instances of
  399  participation.
  400         2. The total cost of services provided as a part of the
  401  program.
  402         3. The total value of the shared savings incentive payments
  403  made to insureds participating in the program and the values
  404  distributed as premium reductions, credits to flexible spending
  405  accounts, credits to health savings accounts, or credits to
  406  health reimbursement accounts.
  407         4. An inventory of the shoppable health care services
  408  offered by the health insurer.
  409         (4)(a) A shared savings incentive offered by a health
  410  insurer in accordance with this section:
  411         1. Is not an administrative expense for rate development or
  412  rate filing purposes and shall be counted as a medical expense
  413  for such purposes.
  414         2. Does not constitute an unfair method of competition or
  415  an unfair or deceptive act or practice under s. 626.9541 and is
  416  presumed to be appropriate unless credible data clearly
  417  demonstrates otherwise.
  418         Section 9. Paragraph (a) of subsection (4) of section
  419  627.6648, Florida Statutes, is amended to read:
  420         627.6648 Shared savings incentive program.—
  421         (4)(a) A shared savings incentive offered by a health
  422  insurer in accordance with this section:
  423         1. Is not an administrative expense for rate development or
  424  rate filing purposes and shall be counted as a medical expense
  425  for such purposes.
  426         2. Does not constitute an unfair method of competition or
  427  an unfair or deceptive act or practice under s. 626.9541 and is
  428  presumed to be appropriate unless credible data clearly
  429  demonstrates otherwise.
  430         Section 10. Paragraph (a) of subsection (4) of section
  431  641.31076, Florida Statutes, is amended to read:
  432         641.31076 Shared savings incentive program.—
  433         (4) A shared savings incentive offered by a health
  434  maintenance organization in accordance with this section:
  435         (a) Is not an administrative expense for rate development
  436  or rate filing purposes and shall be counted as a medical
  437  expense for such purposes.
  438         Section 11. Paragraphs (a) and (j) of subsection (1) of
  439  section 475.01, Florida Statutes, are amended to read:
  440         475.01 Definitions.—
  441         (1) As used in this part:
  442         (a) “Broker” means a person who, for another, and for a
  443  compensation or valuable consideration directly or indirectly
  444  paid or promised, expressly or impliedly, or with an intent to
  445  collect or receive a compensation or valuable consideration
  446  therefor, appraises, auctions, sells, exchanges, buys, rents, or
  447  offers, attempts or agrees to appraise, auction, or negotiate
  448  the sale, exchange, purchase, or rental of business enterprises
  449  or business opportunities or any real property or any interest
  450  in or concerning the same, including mineral rights or leases,
  451  or who advertises or holds out to the public by any oral or
  452  printed solicitation or representation that she or he is engaged
  453  in the business of appraising, auctioning, buying, selling,
  454  exchanging, leasing, or renting business enterprises or business
  455  opportunities or real property of others or interests therein,
  456  including mineral rights, or who takes any part in the procuring
  457  of sellers, purchasers, lessors, or lessees of business
  458  enterprises or business opportunities or the real property of
  459  another, or leases, or interest therein, including mineral
  460  rights, or who directs or assists in the procuring of prospects
  461  or in the negotiation or closing of any transaction which does,
  462  or is calculated to, result in a sale, exchange, or leasing
  463  thereof, and who receives, expects, or is promised any
  464  compensation or valuable consideration, directly or indirectly
  465  therefor; and all persons who advertise rental property
  466  information or lists. A broker renders a professional service
  467  and is a professional within the meaning of s. 95.11(5)(b) s.
  468  95.11(4)(b). Where the term “appraise” or “appraising” appears
  469  in the definition of the term “broker,” it specifically excludes
  470  those appraisal services which must be performed only by a
  471  state-licensed or state-certified appraiser, and those appraisal
  472  services which may be performed by a registered trainee
  473  appraiser as defined in part II. The term “broker” also includes
  474  any person who is a general partner, officer, or director of a
  475  partnership or corporation which acts as a broker. The term
  476  “broker” also includes any person or entity who undertakes to
  477  list or sell one or more timeshare periods per year in one or
  478  more timeshare plans on behalf of any number of persons, except
  479  as provided in ss. 475.011 and 721.20.
  480         (j) “Sales associate” means a person who performs any act
  481  specified in the definition of “broker,” but who performs such
  482  act under the direction, control, or management of another
  483  person. A sales associate renders a professional service and is
  484  a professional within the meaning of s. 95.11(5)(b) s.
  485  95.11(4)(b).
  486         Section 12. Paragraph (h) of subsection (1) of section
  487  475.611, Florida Statutes, is amended to read:
  488         475.611 Definitions.—
  489         (1) As used in this part, the term:
  490         (h) “Appraiser” means any person who is a registered
  491  trainee real estate appraiser, a licensed real estate appraiser,
  492  or a certified real estate appraiser. An appraiser renders a
  493  professional service and is a professional within the meaning of
  494  s. 95.11(5)(b) s. 95.11(4)(b).
  495         Section 13. Subsection (7) of section 517.191, Florida
  496  Statutes, is amended to read:
  497         517.191 Injunction to restrain violations; civil penalties;
  498  enforcement by Attorney General.—
  499         (7) Notwithstanding s. 95.11(5)(f) s. 95.11(4)(f), an
  500  enforcement action brought under this section based on a
  501  violation of any provision of this chapter or any rule or order
  502  issued under this chapter shall be brought within 6 years after
  503  the facts giving rise to the cause of action were discovered or
  504  should have been discovered with the exercise of due diligence,
  505  but not more than 8 years after the date such violation
  506  occurred.
  507         Section 14. Subsection (14) of section 768.28, Florida
  508  Statutes, is amended to read:
  509         768.28 Waiver of sovereign immunity in tort actions;
  510  recovery limits; civil liability for damages caused during a
  511  riot; limitation on attorney fees; statute of limitations;
  512  exclusions; indemnification; risk management programs.—
  513         (14) Every claim against the state or one of its agencies
  514  or subdivisions for damages for a negligent or wrongful act or
  515  omission pursuant to this section shall be forever barred unless
  516  the civil action is commenced by filing a complaint in the court
  517  of appropriate jurisdiction within 4 years after such claim
  518  accrues; except that an action for contribution must be
  519  commenced within the limitations provided in s. 768.31(4), and
  520  an action for damages arising from medical malpractice or
  521  wrongful death must be commenced within the limitations for such
  522  actions in s. 95.11(5) s. 95.11(4).
  523         Section 15. Subsection (4) of section 787.061, Florida
  524  Statutes, is amended to read:
  525         787.061 Civil actions by victims of human trafficking.—
  526         (4) STATUTE OF LIMITATIONS.—The statute of limitations as
  527  specified in s. 95.11(8) or (10) s. 95.11(7) or (9), as
  528  applicable, governs an action brought under this section.
  529         Section 16. The changes made by this act to ss. 395.301 and
  530  627.446, Florida Statutes, do not apply to ambulatory surgical
  531  centers as defined in s. 395.002, Florida Statutes, until
  532  January 1, 2026.
  533         Section 17. This act shall take effect October 1, 2024.