Bill Text: FL S1410 | 2011 | Regular Session | Comm Sub

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Bill Title: Patient's Bill of Rights and Responsibilities

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2011-05-02 - Read 2nd time -SJ 638 [S1410 Detail]

Download: Florida-2011-S1410-Comm_Sub.html

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       Florida Senate - 2011                             CS for SB 1410
       
       
       
       By the Committee on Health Regulation; and Senator Negron
       
       
       
       
       588-03815-11                                          20111410c1
    1                        A bill to be entitled                      
    2         An act relating to a patient’s bill of rights and
    3         responsibilities; amending s. 381.026, F.S.; defining
    4         the term “primary care provider” as it relates to the
    5         Florida Patient’s Bill of Rights and Responsibilities;
    6         authorizing a primary care provider to publish and
    7         post a schedule of certain charges for medical
    8         services offered to patients; providing requirements
    9         for the schedule; providing that the schedule may
   10         group the provider’s services by price levels and list
   11         the services in each price level; providing an
   12         exemption from continuing education requirements for a
   13         primary care provider who posts such a schedule;
   14         requiring a primary care provider’s estimates of
   15         charges for medical services to be consistent with the
   16         prices listed on the posted schedule; providing an
   17         effective date.
   18  
   19  Be It Enacted by the Legislature of the State of Florida:
   20  
   21         Section 1. Subsection (2) and paragraph (c) of subsection
   22  (4) of section 381.026, Florida Statutes, are amended to read:
   23         381.026 Florida Patient’s Bill of Rights and
   24  Responsibilities.—
   25         (2) DEFINITIONS.—As used in this section and s. 381.0261,
   26  the term:
   27         (a) “Department” means the Department of Health.
   28         (b) “Health care facility” means a facility licensed under
   29  chapter 395.
   30         (c) “Health care provider” means a physician licensed under
   31  chapter 458, an osteopathic physician licensed under chapter
   32  459, or a podiatric physician licensed under chapter 461.
   33         (d) “Primary care provider” means a health care provider
   34  who provides medical services to patients which are commonly
   35  provided without referral from another health care provider,
   36  including a health care provider who practices family medicine,
   37  general medicine, general pediatrics, or general internal
   38  medicine.
   39         (e)(d) “Responsible provider” means a health care provider
   40  who is primarily responsible for patient care in a health care
   41  facility or provider’s office.
   42         (4) RIGHTS OF PATIENTS.—Each health care facility or
   43  provider shall observe the following standards:
   44         (c) Financial information and disclosure.—
   45         1. A patient has the right to be given, upon request, by
   46  the responsible provider, his or her designee, or a
   47  representative of the health care facility full information and
   48  necessary counseling on the availability of known financial
   49  resources for the patient’s health care.
   50         2. A health care provider or a health care facility shall,
   51  upon request, disclose to each patient who is eligible for
   52  Medicare, before in advance of treatment, whether the health
   53  care provider or the health care facility in which the patient
   54  is receiving medical services accepts assignment under Medicare
   55  reimbursement as payment in full for medical services and
   56  treatment rendered in the health care provider’s office or
   57  health care facility.
   58         3. A primary care provider may publish a schedule of
   59  charges for the medical services that the provider offers to
   60  patients. The schedule must include the prices charged to an
   61  uninsured person paying for such services by cash, check, credit
   62  card, or debit card. The schedule must be posted in a
   63  conspicuous place in the reception area of the provider’s
   64  office, and the posting must be at least 15 square feet in size.
   65  The schedule must include, but need not be limited to, the 50
   66  services most frequently provided by that primary care provider.
   67  The schedule may group the services by three price levels,
   68  listing the services in each price level. A primary care
   69  provider who publishes and maintains such a schedule is exempt
   70  from the continuing education requirements of chapter 456 and
   71  rules implementing those requirements for a single 2-year
   72  period.
   73         4.3. A health care provider or a health care facility
   74  shall, upon request, furnish a person, before the prior to
   75  provision of medical services, a reasonable estimate of charges
   76  for such services. The health care provider or the health care
   77  facility shall provide an uninsured person, before prior to the
   78  provision of a planned nonemergency medical service, a
   79  reasonable estimate of charges for such service and information
   80  regarding the provider’s or facility’s discount or charity
   81  policies for which the uninsured person may be eligible. Such
   82  estimates by a primary care provider must be consistent with the
   83  prices listed on the schedule that is posted under subparagraph
   84  3. Estimates must shall, to the extent possible, be written in a
   85  language comprehensible to an ordinary layperson. Such
   86  reasonable estimate does shall not preclude the health care
   87  provider or health care facility from exceeding the estimate or
   88  making additional charges based on changes in the patient’s
   89  condition or treatment needs.
   90         5.4. Each licensed facility not operated by the state shall
   91  make available to the public on its Internet website or by other
   92  electronic means a description of and a link to the performance
   93  outcome and financial data that is published by the agency
   94  pursuant to s. 408.05(3)(k). The facility shall place a notice
   95  in the reception area that such information is available
   96  electronically and the website address. The licensed facility
   97  may indicate that the pricing information is based on a
   98  compilation of charges for the average patient and that each
   99  patient’s bill may vary from the average depending upon the
  100  severity of illness and individual resources consumed. The
  101  licensed facility may also indicate that the price of service is
  102  negotiable for eligible patients based upon the patient’s
  103  ability to pay.
  104         6.5. A patient has the right to receive a copy of an
  105  itemized bill upon request. A patient has a right to be given an
  106  explanation of charges upon request.
  107         Section 2. This act shall take effect July 1, 2011.