CS/HB 935

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	allowing primary care providers to publish and post a
5	schedule of certain charges for medical services offered
6	to patients; providing a minimum size for the posting;
7	requiring a schedule of charges to include certain
8	information regarding medical services offered; allowing a
9	schedule of charges to group medical services offered to
10	patients into different price levels; providing an
11	exemption from continuing education requirements for
12	providers who post a schedule of charges for medical
13	services offered to patients; requiring a primary care
14	provider's estimates of charges for medical services to be
15	consistent with the posted schedule; providing an
16	effective 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
30	under chapter 458, an osteopathic physician licensed under
31	chapter 459, or a podiatric physician licensed under chapter
32	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 family and general practice, general pediatrics, and
37	general internal medicine.
38	(e)(d)  "Responsible provider" means a health care provider
39	who is primarily responsible for patient care in a health care
40	facility or provider's office.
41	(4)  RIGHTS OF PATIENTS.-Each health care facility or
42	provider shall observe the following standards:
43	(c)  Financial information and disclosure.-
44	1.  A patient has the right to be given, upon request, by
45	the responsible provider, his or her designee, or a
46	representative of the health care facility full information and
47	necessary counseling on the availability of known financial
48	resources for the patient's health care.
49	2.  A health care provider or a health care facility shall,
50	upon request, disclose to each patient who is eligible for
51	Medicare, before in advance of treatment, whether the health
52	care provider or the health care facility in which the patient
53	is receiving medical services accepts assignment under Medicare
54	reimbursement as payment in full for medical services and
55	treatment rendered in the health care provider's office or
56	health care facility.
57	3.  A primary care provider may publish a schedule of
58	charges for the medical services that the provider offers to
59	patients. The schedule must include the prices charged to an
60	uninsured person paying for such services by cash, check, credit
61	card, or debit card. The schedule must be posted in a
62	conspicuous place in the reception area of the provider's office
63	and must include, but is not limited to, the 50 services most
64	frequently provided by the primary care provider. The schedule
65	may group services by three price levels, listing services in
66	each price level. The posting must be at least 15 square feet in
67	size. A primary care provider who publishes and maintains a
68	schedule of charges for medical services is exempt from the
69	continuing education requirements of chapter 456 and the rules
70	implementing those requirements for a single 2-year period.
71	4.3.  A health care provider or a health care facility
72	shall, upon request, furnish a person, before the prior to
73	provision of medical services, a reasonable estimate of charges
74	for such services. The health care provider or the health care
75	facility shall provide an uninsured person, before prior to the
76	provision of a planned nonemergency medical service, a
77	reasonable estimate of charges for such service and information
78	regarding the provider's or facility's discount or charity
79	policies for which the uninsured person may be eligible. Such
80	estimates by a primary care provider must be consistent with the
81	schedule posted under subparagraph 3. Estimates shall, to the
82	extent possible, be written in a language comprehensible to an
83	ordinary layperson. Such reasonable estimate does shall not
84	preclude the health care provider or health care facility from
85	exceeding the estimate or making additional charges based on
86	changes in the patient's condition or treatment needs.
87	5.4.  Each licensed facility not operated by the state
88	shall make available to the public on its Internet website or by
89	other electronic means a description of and a link to the
90	performance outcome and financial data that is published by the
91	agency pursuant to s. 408.05(3)(k). The facility shall place a
92	notice in the reception area that such information is available
93	electronically and the website address. The licensed facility
94	may indicate that the pricing information is based on a
95	compilation of charges for the average patient and that each
96	patient's bill may vary from the average depending upon the
97	severity of illness and individual resources consumed. The
98	licensed facility may also indicate that the price of service is
99	negotiable for eligible patients based upon the patient's
100	ability to pay.
101	6.5.  A patient has the right to receive a copy of an
102	itemized bill upon request. A patient has a right to be given an
103	explanation of charges upon request.
104	Section 2.  This act shall take effect July 1, 2011.

CODING: Words stricken are deletions; words underlined are additions.