Bill Text: FL S1410 | 2011 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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       Florida Senate - 2011                                    SB 1410
       
       
       
       By Senator Negron
       
       
       
       
       28-01668B-11                                          20111410__
    1                        A bill to be entitled                      
    2         An act relating to health care price transparency;
    3         amending s. 381.026, F.S.; providing a definition;
    4         requiring primary care providers to publish and post a
    5         schedule of certain charges for medical services
    6         offered to patients; requiring a primary care
    7         provider’s estimates of charges for medical services
    8         to be consistent with the posted schedule; amending
    9         ss. 458.331, 459.015, and 461.013, F.S.; providing
   10         additional acts that constitute grounds for denial of
   11         a license or disciplinary action against certain
   12         physicians, osteopathic physicians, or podiatric
   13         physicians, to which penalties apply; providing
   14         construction with respect to the doctrine of
   15         incorporation by reference; providing an effective
   16         date.
   17  
   18  Be It Enacted by the Legislature of the State of Florida:
   19  
   20         Section 1. Subsection (2) and paragraph (c) of subsection
   21  (4) of section 381.026, Florida Statutes, are amended to read:
   22         381.026 Florida Patient’s Bill of Rights and
   23  Responsibilities.—
   24         (2) DEFINITIONS.—As used in this section and s. 381.0261,
   25  the term:
   26         (a) “Department” means the Department of Health.
   27         (b) “Health care facility” means a facility licensed under
   28  chapter 395.
   29         (c) “Health care provider” means a physician licensed under
   30  chapter 458, an osteopathic physician licensed under chapter
   31  459, or a podiatric physician licensed under chapter 461.
   32         (d) “Primary care provider” means a health care provider
   33  who provides medical services to patients which are commonly
   34  provided without referral from another health care provider,
   35  including family and general practice, general pediatrics,
   36  obstetrics and gynecology, and general internal medicine.
   37         (e)(d) “Responsible provider” means a health care provider
   38  who is primarily responsible for patient care in a health care
   39  facility or provider’s office.
   40         (4) RIGHTS OF PATIENTS.—Each health care facility or
   41  provider shall observe the following standards:
   42         (c) Financial information and disclosure.—
   43         1. A patient has the right to be given, upon request, by
   44  the responsible provider, his or her designee, or a
   45  representative of the health care facility full information and
   46  necessary counseling on the availability of known financial
   47  resources for the patient’s health care.
   48         2. A health care provider or a health care facility shall,
   49  upon request, disclose to each patient who is eligible for
   50  Medicare, before in advance of treatment, whether the health
   51  care provider or the health care facility in which the patient
   52  is receiving medical services accepts assignment under Medicare
   53  reimbursement as payment in full for medical services and
   54  treatment rendered in the health care provider’s office or
   55  health care facility.
   56         3. A primary care provider shall publish a schedule of
   57  charges for the medical services that the provider offers to
   58  patients. The schedule must include the prices charged to an
   59  uninsured person paying for such services by cash, check, credit
   60  card, or debit card. The schedule must be posted in a
   61  conspicuous place in the reception area of the provider’s
   62  office.
   63         4.3. A health care provider or a health care facility
   64  shall, upon request, furnish a person, before the prior to
   65  provision of medical services, a reasonable estimate of charges
   66  for such services. The health care provider or the health care
   67  facility shall provide an uninsured person, before prior to the
   68  provision of a planned nonemergency medical service, a
   69  reasonable estimate of charges for such service and information
   70  regarding the provider’s or facility’s discount or charity
   71  policies for which the uninsured person may be eligible. Such
   72  estimates by a primary care provider must be consistent with the
   73  schedule posted under subparagraph 3. Estimates shall, to the
   74  extent possible, be written in a language comprehensible to an
   75  ordinary layperson. Such reasonable estimate does shall not
   76  preclude the health care provider or health care facility from
   77  exceeding the estimate or making additional charges based on
   78  changes in the patient’s condition or treatment needs.
   79         5.4. Each licensed facility not operated by the state shall
   80  make available to the public on its Internet website or by other
   81  electronic means a description of and a link to the performance
   82  outcome and financial data that is published by the agency
   83  pursuant to s. 408.05(3)(k). The facility shall place a notice
   84  in the reception area that such information is available
   85  electronically and the website address. The licensed facility
   86  may indicate that the pricing information is based on a
   87  compilation of charges for the average patient and that each
   88  patient’s bill may vary from the average depending upon the
   89  severity of illness and individual resources consumed. The
   90  licensed facility may also indicate that the price of service is
   91  negotiable for eligible patients based upon the patient’s
   92  ability to pay.
   93         6.5. A patient has the right to receive a copy of an
   94  itemized bill upon request. A patient has a right to be given an
   95  explanation of charges upon request.
   96         Section 2. Paragraph (rr) is added to subsection (1) of
   97  section 458.331, Florida Statutes, and subsection (11) is added
   98  to that section, to read:
   99         458.331 Grounds for disciplinary action; action by the
  100  board and department.—
  101         (1) The following acts constitute grounds for denial of a
  102  license or disciplinary action, as specified in s. 456.072(2):
  103         (rr) Failing to publish or post a schedule of charges for
  104  the medical services offered to patients as required in s.
  105  381.026(4)(c)3. This paragraph applies only to a physician who
  106  is a “primary care provider” as defined in s. 381.026(2).
  107         (11) The purpose of this section is to facilitate uniform
  108  discipline for those acts made punishable under this section,
  109  and, to this end, a reference to this section constitutes a
  110  general reference under the doctrine of incorporation by
  111  reference.
  112         Section 3. Paragraph (tt) is added to subsection (1) of
  113  section 459.015, Florida Statutes, and subsection (11) is added
  114  to that section, to read:
  115         459.015 Grounds for disciplinary action; action by the
  116  board and department.—
  117         (1) The following acts constitute grounds for denial of a
  118  license or disciplinary action, as specified in s. 456.072(2):
  119         (tt) Failing to publish or post a schedule of charges for
  120  the medical services offered to patients as required in s.
  121  381.026(4)(c)3. This paragraph applies only to an osteopathic
  122  physician who is a “primary care provider” as defined in s.
  123  381.026(2).
  124         (11) The purpose of this section is to facilitate uniform
  125  discipline for those acts made punishable under this section,
  126  and, to this end, a reference to this section constitutes a
  127  general reference under the doctrine of incorporation by
  128  reference.
  129         Section 4. Paragraph (dd) is added to subsection (1) of
  130  section 461.013, Florida Statutes, and subsection (7) is added
  131  to that section, to read:
  132         461.013 Grounds for disciplinary action; action by the
  133  board; investigations by department.—
  134         (1) The following acts constitute grounds for denial of a
  135  license or disciplinary action, as specified in s. 456.072(2):
  136         (dd) Failing to publish or post a schedule of charges for
  137  the medical services offered to patients as required in s.
  138  381.026(4)(c)3. This paragraph applies only to a podiatric
  139  physician who is a “primary care provider” as defined in s.
  140  381.026(2).
  141         (7) The purpose of this section is to facilitate uniform
  142  discipline for those acts made punishable under this section,
  143  and, to this end, a reference to this section constitutes a
  144  general reference under the doctrine of incorporation by
  145  reference.
  146         Section 5. This act shall take effect July 1, 2011.