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.