Florida Senate - 2025 CS for SB 1808 By the Committee on Health Policy; and Senator Burton 588-02568-25 20251808c1 1 A bill to be entitled 2 An act relating to refund of overpayments made by 3 patients; creating s. 408.12, F.S.; requiring health 4 care facility licensees to refund to the patient any 5 overpayment within a specified timeframe; defining the 6 term “tenders charges for reimbursement”; providing 7 applicability; specifying that health care facility 8 licensees who violate certain provisions are subject 9 to administrative fines; amending s. 408.813, F.S.; 10 revising administrative fines for health care 11 practitioners; amending s. 456.0625, F.S.; requiring 12 health care practitioners to refund to the patient any 13 overpayment within a specified timeframe; defining the 14 term “tenders charges for reimbursement”; providing 15 applicability; specifying that health care 16 practitioners who violate certain provisions are 17 subject to disciplinary actions; amending s. 456.072, 18 F.S.; revising the acts that constitute grounds for 19 disciplinary actions for health care practitioners; 20 providing an effective date. 21 22 Be It Enacted by the Legislature of the State of Florida: 23 24 Section 1. Section 408.12, Florida Statutes, is created to 25 read: 26 408.12 Patient overpayments; refunds.— 27 (1) A licensee who tenders charges for reimbursement shall 28 refund to the patient the amount of any overpayment made by the 29 patient to the licensee no later than 30 days after the date 30 that the licensee determines that such overpayment was made. For 31 purposes of this section, the term “tenders charges for 32 reimbursement” means the licensee files a claim for 33 reimbursement with any government-sponsored program or private 34 health insurer or health maintenance organization for services 35 rendered to the patient. 36 (2) This section does not apply to an overpayment subject 37 to s. 627.6131 or s. 641.3155. 38 (3) A licensee who violates this section is subject to an 39 administrative fine under s. 408.813. 40 Section 2. Paragraph (g) is added to subsection (3) of 41 section 408.813, Florida Statutes, to read: 42 408.813 Administrative fines; violations.—As a penalty for 43 any violation of this part, authorizing statutes, or applicable 44 rules, the agency may impose an administrative fine. 45 (3) The agency may impose an administrative fine for a 46 violation that is not designated as a class I, class II, class 47 III, or class IV violation. Unless otherwise specified by law, 48 the amount of the fine may not exceed $500 for each violation. 49 Unclassified violations include: 50 (g) Failing to refund a patient overpayment pursuant to s. 51 408.12. 52 Section 3. Section 456.0625, Florida Statutes, is created 53 to read: 54 456.0625 Patient overpayments; refunds.— 55 (1) A health care practitioner who tenders charges for 56 reimbursement, or any billing department, management company, or 57 group practice that accepts payment for services rendered by the 58 health care practitioner, shall refund to the patient the amount 59 of any overpayment made by the patient no later than 30 days 60 after the date that it was determined that an overpayment was 61 made. For purposes of this section, the term “tenders charges 62 for reimbursement” means that the health care practitioner, 63 department, company, or practice files a claim for reimbursement 64 with any government-sponsored program or private health insurer 65 or health maintenance organization for services rendered by the 66 health care practitioner to the patient. 67 (2) This section does not apply to an overpayment subject 68 to s. 627.6131 or s. 641.3155. 69 (3) A health care practitioner’s violation of this section 70 constitutes grounds for disciplinary action under s. 456.072. 71 Section 4. Paragraph (tt) is added to subsection (1) of 72 section 456.072, Florida Statutes, to read: 73 456.072 Grounds for discipline; penalties; enforcement.— 74 (1) The following acts shall constitute grounds for which 75 the disciplinary actions specified in subsection (2) may be 76 taken: 77 (tt) Failure to comply with s. 456.0625, relating to 78 refunding overpayments to patients. 79 Section 5. This act shall take effect January 1, 2026.