Florida Senate - 2025                       CS for CS for SB 656
       
       
        
       By the Committees on Rules; and Health Policy; and Senator
       Rodriguez
       
       
       
       
       595-03378-25                                           2025656c2
    1                        A bill to be entitled                      
    2         An act relating to health care billing and collection
    3         activities; amending s. 395.3011, F.S.; revising the
    4         definition of the term “extraordinary collection
    5         action”; authorizing licensed facilities to engage in
    6         an extraordinary collection action under certain
    7         circumstances; providing an effective date.
    8          
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. Subsection (1) and paragraph (e) of subsection
   12  (2) of section 395.3011, Florida Statutes, are amended to read:
   13         395.3011 Billing and collection activities.—
   14         (1) As used in this section, the term “extraordinary
   15  collection action” means any of the following actions taken by a
   16  licensed facility against an individual in relation to obtaining
   17  payment of a bill for care covered under the facility’s
   18  financial assistance policy:
   19         (a) Selling the individual’s debt to another party.
   20         (b) Reporting adverse information about the individual to
   21  consumer credit reporting agencies or credit bureaus.
   22         (c) Deferring, denying, or requiring a payment before
   23  providing medically necessary care because of the individual’s
   24  nonpayment of one or more bills for previously provided care
   25  covered under the facility’s financial assistance policy.
   26         (d) Actions that require a legal or judicial process,
   27  including, but not limited to:
   28         1. Placing a lien on the individual’s property;
   29         2. Foreclosing on the individual’s real property;
   30         3. Attaching or seizing the individual’s bank account or
   31  any other personal property;
   32         4. Commencing a civil action against the individual;
   33         5. Causing the individual’s arrest; or
   34         6. Garnishing the individual’s wages.
   35         (2) A facility may not engage in an extraordinary
   36  collection action against an individual to obtain payment for
   37  services:
   38         (e) For 30 days after notifying the patient in writing, by
   39  certified mail, or by other traceable delivery method, that a
   40  collection action will commence absent additional action by the
   41  patient. However, a facility may engage in an extraordinary
   42  collection action without providing 30 days’ notice if both of
   43  the following conditions are met:
   44         1. The facility contracts to sell an individual’s debt to
   45  another party, provided that the debt may not incur interest or
   46  fees and that no other extraordinary collection actions are
   47  taken by the purchaser of the debt which could otherwise be
   48  taken by the licensed facility, as described in subsection (1).
   49         2. If the debt is later determined to qualify for charity
   50  care under the facility’s financial assistance policy, such debt
   51  is returned to the licensed facility.
   52         Section 2. This act shall take effect July 1, 2025.