HB 0715 2004
1	A bill to be entitled
2	An act relating to self-pay patients; amending s. 395.301,
3	F.S.; requiring hospitals to develop and make available a
4	payment allowance program for certain patients; providing
5	program guidelines and requirements; providing exclusions;
6	providing a definition of patients qualified for such
7	program; providing exceptions; prohibiting hospitals from
8	pursuing certain civil remedies against such patients;
9	providing an effective date.
10
11	Be It Enacted by the Legislature of the State of Florida:
12
13	Section 1. Subsection (7) is added to section 395.301,
14	Florida Statutes, to read:
15	395.301 Itemized patient bill; form and content prescribed
16	by the agency.--
17	(7)(a) Each hospital shall develop and make available a
18	program of payment allowances for qualified self-pay patients
19	who are treated in the emergency room, admitted through the
20	emergency room, or present for labor and delivery, with
21	household incomes up to at least 300 percent of the federal
22	poverty guidelines. All patients shall continue to be charged
23	the same rate, but qualified self-pay patients shall be eligible
24	for discounts based on family income. The discount program shall
25	not apply to patients who are eligible for Medicaid or Medicare
26	or are enrolled in health maintenance organizations, preferred
27	provider organizations, medical savings accounts, health savings
28	accounts, health insurance plans including limited benefit or
29	catastrophic, or any other indemnity plans. The policy must
30	include a minimum discount of 30 percent and a description of
31	the methodologies developed by the hospital for the following:
32	1. Identifying patients who may be eligible for a payment
33	allowance, notifying them of the availability of the program,
34	and providing appropriate information, including application
35	forms, for a payment allowance.
36	2. Identifying public or private insurance or other
37	payment mechanisms for which the patient might be eligible.
38	3. Determining the payment allowance or credit.
39	4. Notifying patients of their qualification either for a
40	public source of payment or a discount pursuant to this program.
41	5. Developing payment plans and procedures preceding
42	assignment of a patient's account to a third party or reporting
43	nonpayment to a patient's consumer credit agency. For purposes
44	of this program, these patients are considered as "qualified
45	self-pays."
46	(b) The term "qualified self-pay patient" means any
47	individual with no public or private source of payment for
48	medical services who would otherwise be expected to pay the
49	hospital's billed charges. The term does not include:
50	1. Patients presenting for services which are not covered
51	by Medicare, Medicaid, or workers' compensation in this state or
52	elective, nonmedically necessary services.
53	2. Patients who fail to provide income and asset
54	information to determine if the patient is eligible for public
55	or private coverage or for a discount under this program.
56	3. Patients who have been covered by public or private
57	insurance programs at any time during the last 6 months.
58	4. Patients with discretionary assets in excess of 50
59	percent of the billed charges, with discretionary assets defined
60	as the fair market value of savings, investment, and
61	nonhomestead property.
62	(c) No hospital shall foreclose on homestead property that
63	is owned by a qualified self-pay patient. No hospital shall seek
64	a court order to issue a writ of bodily attachment to enforce
65	payment of hospital bills for medical services provided to
66	qualified self-pay patients.
67	Section 2. This act shall take effect upon becoming a law.