August 12, 2020
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Senate Bill 3018

Senate Bill sb3018

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                                  SB 3018

    By Senator Peaden





    2-1890-04

  1                      A bill to be entitled

  2         An act relating to health care procedures;

  3         amending ss. 381.026 and 395.301, F.S.;

  4         requiring certain licensed health care

  5         facilities to electronically publish the prices

  6         for certain medical procedures; providing that

  7         a patient has the right to receive an estimate

  8         of charges prior to treatment; providing an

  9         effective date.

10  

11  Be It Enacted by the Legislature of the State of Florida:

12  

13         Section 1.  Subsections (4) and (6) of section 381.026,

14  Florida Statutes, are amended to read:

15         381.026  Florida Patient's Bill of Rights and

16  Responsibilities.--

17         (4)  RIGHTS OF PATIENTS.--Each health care facility or

18  provider shall observe the following standards:

19         (a)  Individual dignity.--

20         1.  The individual dignity of a patient must be

21  respected at all times and upon all occasions.

22         2.  Every patient who is provided health care services

23  retains certain rights to privacy, which must be respected

24  without regard to the patient's economic status or source of

25  payment for his or her care.  The patient's rights to privacy

26  must be respected to the extent consistent with providing

27  adequate medical care to the patient and with the efficient

28  administration of the health care facility or provider's

29  office.  However, this subparagraph does not preclude

30  necessary and discreet discussion of a patient's case or

31  examination by appropriate medical personnel.

                                  1

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    Florida Senate - 2004                                  SB 3018
    2-1890-04




 1         3.  A patient has the right to a prompt and reasonable

 2  response to a question or request.  A health care facility

 3  shall respond in a reasonable manner to the request of a

 4  patient's health care provider for medical services to the

 5  patient.  The health care facility shall also respond in a

 6  reasonable manner to the patient's request for other services

 7  customarily rendered by the health care facility to the extent

 8  such services do not require the approval of the patient's

 9  health care provider or are not inconsistent with the

10  patient's treatment.

11         4.  A patient in a health care facility has the right

12  to retain and use personal clothing or possessions as space

13  permits, unless for him or her to do so would infringe upon

14  the right of another patient or is medically or

15  programmatically contraindicated for documented medical,

16  safety, or programmatic reasons.

17         (b)  Information.--

18         1.  A patient has the right to know the name, function,

19  and qualifications of each health care provider who is

20  providing medical services to the patient.  A patient may

21  request such information from his or her responsible provider

22  or the health care facility in which he or she is receiving

23  medical services.

24         2.  A patient in a health care facility has the right

25  to know what patient support services are available in the

26  facility.

27         3.  A patient has the right to be given by his or her

28  health care provider information concerning diagnosis, planned

29  course of treatment, alternatives, risks, and prognosis,

30  unless it is medically inadvisable or impossible to give this

31  information to the patient, in which case the information must

                                  2

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    Florida Senate - 2004                                  SB 3018
    2-1890-04




 1  be given to the patient's guardian or a person designated as

 2  the patient's representative.  A patient has the right to

 3  refuse this information.

 4         4.  A patient has the right to refuse any treatment

 5  based on information required by this paragraph, except as

 6  otherwise provided by law. The responsible provider shall

 7  document any such refusal.

 8         5.  A patient in a health care facility has the right

 9  to know what facility rules and regulations apply to patient

10  conduct.

11         6.  A patient has the right to express grievances to a

12  health care provider, a health care facility, or the

13  appropriate state licensing agency regarding alleged

14  violations of patients' rights.  A patient has the right to

15  know the health care provider's or health care facility's

16  procedures for expressing a grievance.

17         7.  A patient in a health care facility who does not

18  speak English has the right to be provided an interpreter when

19  receiving medical services if the facility has a person

20  readily available who can interpret on behalf of the patient.

21         (c)  Financial information and disclosure.--

22         1.  A patient has the right to be given, upon request,

23  by the responsible provider, his or her designee, or a

24  representative of the health care facility full information

25  and necessary counseling on the availability of known

26  financial resources for the patient's health care.

27         2.  A health care provider or a health care facility

28  shall, upon request, disclose to each patient who is eligible

29  for Medicare, in advance of treatment, whether the health care

30  provider or the health care facility in which the patient is

31  receiving medical services accepts assignment under Medicare

                                  3

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    Florida Senate - 2004                                  SB 3018
    2-1890-04




 1  reimbursement as payment in full for medical services and

 2  treatment rendered in the health care provider's office or

 3  health care facility.

 4         3.  A health care provider or a health care facility

 5  shall, upon request, furnish a patient, prior to provision of

 6  medical services, a reasonable estimate of charges for such

 7  services.  Such reasonable estimate shall not preclude the

 8  health care provider or health care facility from exceeding

 9  the estimate or making additional charges based on changes in

10  the patient's condition or treatment needs.

11         4.  Each licensed facility not operated by the state

12  shall make available to the public on its Internet website or

13  by other electronic means package prices for each of the top

14  50 most frequently used elective inpatient and outpatient

15  procedures. The package pricing shall include all

16  hospital-related services and shall include separate estimates

17  of costs for professional fees charged by independent

18  contractor physicians or physician groups. A licensed facility

19  shall also make available to the public on its Internet

20  website or by other electronic means each of the top 50 most

21  frequently used inpatient and outpatient procedures. The list

22  shall be updated quarterly. The facility shall place a notice

23  in the reception areas that such information is available

24  electronically and provide the website address. The licensed

25  facility may indicate that the package pricing is based on a

26  compilation of charges for the average patient and that each

27  patient's bill may vary from the average depending upon the

28  severity of illness and individual resources consumed. The

29  licensed facility may also indicate that the package pricing

30  is negotiable based upon the patient's health plan and the

31  ability to pay. The agency shall develop rules for

                                  4

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    Florida Senate - 2004                                  SB 3018
    2-1890-04




 1  implementing a uniform mechanism for reporting this

 2  information on the facility's website.

 3         (e)  Experimental research.--In addition to the

 4  provisions of s. 766.103, a patient has the right to know if

 5  medical treatment is for purposes of experimental research and

 6  to consent prior to participation in such experimental

 7  research.  For any patient, regardless of ability to pay or

 8  source of payment for his or her care, participation must be a

 9  voluntary matter; and a patient has the right to refuse to

10  participate.  The patient's consent or refusal must be

11  documented in the patient's care record.

12         (f)  Patient's knowledge of rights and

13  responsibilities.--In receiving health care, patients have the

14  right to know what their rights and responsibilities are.

15         (6)  SUMMARY OF RIGHTS AND RESPONSIBILITIES.--Any

16  health care provider who treats a patient in an office or any

17  health care facility licensed under chapter 395 that provides

18  emergency services and care or outpatient services and care to

19  a patient, or admits and treats a patient, shall adopt and

20  make available to the patient, in writing, a statement of the

21  rights and responsibilities of patients, including the

22  following:

23  

24              SUMMARY OF THE FLORIDA PATIENT'S BILL

25                  OF RIGHTS AND RESPONSIBILITIES

26  

27         Florida law requires that your health care provider or

28  health care facility recognize your rights while you are

29  receiving medical care and that you respect the health care

30  provider's or health care facility's right to expect certain

31  behavior on the part of patients.  You may request a copy of

                                  5

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    Florida Senate - 2004                                  SB 3018
    2-1890-04




 1  the full text of this law from your health care provider or

 2  health care facility.  A summary of your rights and

 3  responsibilities follows:

 4         A patient has the right to be treated with courtesy and

 5  respect, with appreciation of his or her individual dignity,

 6  and with protection of his or her need for privacy.

 7         A patient has the right to a prompt and reasonable

 8  response to questions and requests.

 9         A patient has the right to know who is providing

10  medical services and who is responsible for his or her care.

11         A patient has the right to know what patient support

12  services are available, including whether an interpreter is

13  available if he or she does not speak English.

14         A patient has the right to know what rules and

15  regulations apply to his or her conduct.

16         A patient has the right to be given by the health care

17  provider information concerning diagnosis, planned course of

18  treatment, alternatives, risks, and prognosis.

19         A patient has the right to refuse any treatment, except

20  as otherwise provided by law.

21         A patient has the right to be given, upon request, full

22  information and necessary counseling on the availability of

23  known financial resources for his or her care.

24         A patient who is eligible for Medicare has the right to

25  know, upon request and in advance of treatment, whether the

26  health care provider or health care facility accepts the

27  Medicare assignment rate.

28         A patient has the right to receive, upon request, prior

29  to treatment, a reasonable estimate of charges for medical

30  care.

31  

                                  6

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    Florida Senate - 2004                                  SB 3018
    2-1890-04




 1         A patient has the right to receive, upon request, prior

 2  to treatment, a reasonable estimate of charges for the

 3  proposed services.

 4         A patient has the right to receive a copy of a

 5  reasonably clear and understandable, itemized bill and, upon

 6  request, to have the charges explained.

 7         A patient has the right to impartial access to medical

 8  treatment or accommodations, regardless of race, national

 9  origin, religion, handicap, or source of payment.

10         A patient has the right to treatment for any emergency

11  medical condition that will deteriorate from failure to

12  provide treatment.

13         A patient has the right to know if medical treatment is

14  for purposes of experimental research and to give his or her

15  consent or refusal to participate in such experimental

16  research.

17         A patient has the right to express grievances regarding

18  any violation of his or her rights, as stated in Florida law,

19  through the grievance procedure of the health care provider or

20  health care facility which served him or her and to the

21  appropriate state licensing agency.

22         A patient is responsible for providing to the health

23  care provider, to the best of his or her knowledge, accurate

24  and complete information about present complaints, past

25  illnesses, hospitalizations, medications, and other matters

26  relating to his or her health.

27         A patient is responsible for reporting unexpected

28  changes in his or her condition to the health care provider.

29         A patient is responsible for reporting to the health

30  care provider whether he or she comprehends a contemplated

31  course of action and what is expected of him or her.

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    Florida Senate - 2004                                  SB 3018
    2-1890-04




 1         A patient is responsible for following the treatment

 2  plan recommended by the health care provider.

 3         A patient is responsible for keeping appointments and,

 4  when he or she is unable to do so for any reason, for

 5  notifying the health care provider or health care facility.

 6         A patient is responsible for his or her actions if he

 7  or she refuses treatment or does not follow the health care

 8  provider's instructions.

 9         A patient is responsible for assuring that the

10  financial obligations of his or her health care are fulfilled

11  as promptly as possible.

12         A patient is responsible for following health care

13  facility rules and regulations affecting patient care and

14  conduct.

15         Section 2.  Subsections (7)and (8) are added to section

16  395.301, Florida Statutes, to read:

17         395.301  Itemized patient bill; form and content

18  prescribed by the agency.--

19         (7)  Each licensed facility that is not operated by the

20  state shall make available to the public on its Internet

21  website or by other electronic means package prices for each

22  of the top 50 most frequently used elective inpatient and

23  outpatient procedures. The package pricing shall include all

24  hospital-related services and shall include separate estimates

25  of costs for professional fees charged by independent

26  contractor physicians or physician groups. A licensed facility

27  shall also make available to the public on its Internet

28  website or by other electronic means the top 50 most

29  frequently used procedures in both the inpatient and

30  outpatient settings. The list shall be updated quarterly. The

31  facility shall place a notice in the reception areas that such

                                  8

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    Florida Senate - 2004                                  SB 3018
    2-1890-04




 1  information is available electronically and provide the

 2  website address. The licensed facility may indicate that the

 3  package pricing is based on a compilation of charges for the

 4  average patient and that each patient's bill may vary from the

 5  average depending upon the severity of illness and individual

 6  resources consumed. The licensed facility may also indicate

 7  that the package pricing is negotiable based upon the

 8  patient's health plan and the ability to pay. The agency shall

 9  develop rules for implementing a uniform mechanism for

10  reporting this information on the facility's website.

11         (8)  Each licensed facility not operated by the state

12  shall, upon request of a prospective patient prior to the

13  provisions of medical services, provide a reasonable estimate

14  of charges for the proposed service. Such estimate does not

15  preclude the actual charges from exceeding the estimate based

16  on changes in the patient's medical condition or the treatment

17  needs of the patient as determined by the attending and

18  consulting physicians.

19         Section 3.  This act shall take effect upon becoming a

20  law.

21  

22            *****************************************

23                          SENATE SUMMARY

24    Requires certain licensed health care facilities to
      electronically publish to the public the prices for
25    certain medical procedures.

26  

27  

28  

29  

30  

31  

                                  9

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