Florida Senate - 2025                        COMMITTEE AMENDMENT
       Bill No. SB 1808
       
       
       
       
       
       
                                Ì736708@Î736708                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/19/2025           .                                
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       The Committee on Health Policy (Burton) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 408.12, Florida Statutes, is created to
    6  read:
    7         408.12 Patient overpayments; refunds.—
    8         (1) A licensee who tenders charges for reimbursement shall
    9  refund to the patient the amount of any overpayment made by the
   10  patient to the licensee no later than 30 days after the date
   11  that the licensee determines that such overpayment was made. For
   12  purposes of this section, the term “tenders charges for
   13  reimbursement” means the licensee files a claim for
   14  reimbursement with any government-sponsored program or private
   15  health insurer or health maintenance organization for services
   16  rendered to the patient.
   17         (2) This section does not apply to an overpayment subject
   18  to s. 627.6131 or s. 641.3155.
   19         (3) A licensee who violates this section is subject to an
   20  administrative fine under s. 408.813.
   21         Section 2. Paragraph (g) is added to subsection (3) of
   22  section 408.813, Florida Statutes, to read:
   23         408.813 Administrative fines; violations.—As a penalty for
   24  any violation of this part, authorizing statutes, or applicable
   25  rules, the agency may impose an administrative fine.
   26         (3) The agency may impose an administrative fine for a
   27  violation that is not designated as a class I, class II, class
   28  III, or class IV violation. Unless otherwise specified by law,
   29  the amount of the fine may not exceed $500 for each violation.
   30  Unclassified violations include:
   31         (g) Failing to refund a patient overpayment pursuant to s.
   32  408.12.
   33         Section 3. Section 456.0625, Florida Statutes, is created
   34  to read:
   35         456.0625 Patient overpayments; refunds.—
   36         (1) A health care practitioner who tenders charges for
   37  reimbursement, or any billing department, management company, or
   38  group practice that accepts payment for services rendered by the
   39  health care practitioner, shall refund to the patient the amount
   40  of any overpayment made by the patient no later than 30 days
   41  after the date that it was determined that an overpayment was
   42  made. For purposes of this section, the term “tenders charges
   43  for reimbursement” means that the health care practitioner,
   44  department, company, or practice files a claim for reimbursement
   45  with any government-sponsored program or private health insurer
   46  or health maintenance organization for services rendered by the
   47  health care practitioner to the patient.
   48         (2) This section does not apply to an overpayment subject
   49  to s. 627.6131 or s. 641.3155.
   50         (3) A health care practitioner’s violation of this section
   51  constitutes grounds for disciplinary action under s. 456.072.
   52         Section 4. Paragraph (tt) is added to subsection (1) of
   53  section 456.072, Florida Statutes, to read:
   54         456.072 Grounds for discipline; penalties; enforcement.—
   55         (1) The following acts shall constitute grounds for which
   56  the disciplinary actions specified in subsection (2) may be
   57  taken:
   58         (tt) Failure to comply with s. 456.0625, relating to
   59  refunding overpayments to patients.
   60         Section 5. This act shall take effect January 1, 2026.
   61  
   62  ================= T I T L E  A M E N D M E N T ================
   63  And the title is amended as follows:
   64         Delete everything before the enacting clause
   65  and insert:
   66                        A bill to be entitled                      
   67         An act relating to refund of overpayments made by
   68         patients; creating s. 408.12, F.S.; requiring health
   69         care facility licensees to refund to the patient any
   70         overpayment within a specified timeframe; defining the
   71         term “tenders charges for reimbursement”; providing
   72         applicability; specifying that health care facility
   73         licensees who violate certain provisions are subject
   74         to administrative fines; amending s. 408.813, F.S.;
   75         revising administrative fines for health care
   76         practitioners; amending s. 456.0625, F.S.; requiring
   77         health care practitioners to refund to the patient any
   78         overpayment within a specified timeframe; defining the
   79         term “tenders charges for reimbursement”; providing
   80         applicability; specifying that health care
   81         practitioners who violate certain provisions are
   82         subject to disciplinary actions; amending s. 456.072,
   83         F.S.; revising the acts that constitute grounds for
   84         disciplinary actions for health care practitioners;
   85         providing an effective date.