CS/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	authorizing a primary care provider 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; providing
9	that the schedule may group the provider's services by
10	price levels and list the services in each price level;
11	providing an exemption from license fee and continuing
12	education requirements for a provider who publishes and
13	maintains a schedule of charges; requiring a primary care
14	provider's estimates of charges for medical services to be
15	consistent with the posted schedule; requiring a provider
16	to post the schedule of charges for a certain time period;
17	providing for repayment of license fees and compliance
18	with continuing education requirements previously waived
19	if the schedule of charges was not posted for a certain
20	time period; amending s. 395.002, F.S.; providing a
21	definition; creating s. 395.107, F.S.; requiring urgent
22	care centers to publish and post a schedule of certain
23	charges for medical services offered to patients;
24	providing a minimum size for the posting; requiring a
25	schedule of charges to include certain information
26	regarding medical services offered; providing that the
27	schedule may group the urgent care center's services by
28	price levels and list the services in each price level;
29	providing a fine for failure to publish and post a
30	schedule of medical services; providing an effective date.
31
32	Be It Enacted by the Legislature of the State of Florida:
33
34	Section 1.  Subsection (2) and paragraph (c) of subsection
35	(4) of section 381.026, Florida Statutes, are amended to read:
36	381.026  Florida Patient's Bill of Rights and
37	Responsibilities.-
38	(2)  DEFINITIONS.-As used in this section and s. 381.0261,
39	the term:
40	(a)  "Department" means the Department of Health.
41	(b)  "Health care facility" means a facility licensed under
42	chapter 395.
43	(c)  "Health care provider" means a physician licensed
44	under chapter 458, an osteopathic physician licensed under
45	chapter 459, or a podiatric physician licensed under chapter
46	461.
47	(d)  "Primary care provider" means a health care provider
48	licensed under chapter 458, chapter 459, or chapter 464 who
49	provides medical services to patients which are commonly
50	provided without referral from another health care provider,
51	including family and general practice, general pediatrics, and
52	general internal medicine.
53	(e)(d)  "Responsible provider" means a health care provider
54	who is primarily responsible for patient care in a health care
55	facility or provider's office.
56	(4)  RIGHTS OF PATIENTS.-Each health care facility or
57	provider shall observe the following standards:
58	(c)  Financial information and disclosure.-
59	1.  A patient has the right to be given, upon request, by
60	the responsible provider, his or her designee, or a
61	representative of the health care facility full information and
62	necessary counseling on the availability of known financial
63	resources for the patient's health care.
64	2.  A health care provider or a health care facility shall,
65	upon request, disclose to each patient who is eligible for
66	Medicare, before in advance of treatment, whether the health
67	care provider or the health care facility in which the patient
68	is receiving medical services accepts assignment under Medicare
69	reimbursement as payment in full for medical services and
70	treatment rendered in the health care provider's office or
71	health care facility.
72	3.  A primary care provider may publish a schedule of
73	charges for the medical services that the provider offers to
74	patients. The schedule must include the prices charged to an
75	uninsured person paying for such services by cash, check, credit
76	card, or debit card. The schedule must be posted in a
77	conspicuous place in the reception area of the provider's office
78	and must include, but is not limited to, the 50 services most
79	frequently provided by the primary care provider. The schedule
80	may group services by three price levels, listing services in
81	each price level. The posting must be at least 15 square feet in
82	size. A primary care provider who publishes and maintains a
83	schedule of charges for medical services is exempt from the
84	license fee requirements for a single period of renewal of a
85	professional license under chapter 456 for that licensure term
86	and is exempt from the continuing education requirements of
87	chapter 456 and the rules implementing those requirements for a
88	single 2-year period.
89	4.  If a primary care provider publishes a schedule of
90	charges pursuant to subparagraph 3., he or she must continually
91	post it at all times for the duration of active licensure in
92	this state when primary care services are provided to patients.
93	If a primary care provider fails to post the schedule of charges
94	in accordance with this subparagraph, the provider shall be
95	required to pay any license fee and comply with any continuing
96	education requirements for which an exemption was received.
97	5.3.  A health care provider or a health care facility
98	shall, upon request, furnish a person, before the prior to
99	provision of medical services, a reasonable estimate of charges
100	for such services. The health care provider of the health care
101	facility shall provide an uninsured person, before prior to the
102	provision of a planned nonemergency medical service, a
103	reasonable estimate of charges for such service and information
104	regarding the provider's or facility's discount or charity
105	policies for which the uninsured person may be eligible. Such
106	estimates by a primary care provider must be consistent with the
107	schedule posted under subparagraph 3. Estimates shall, to the
108	extent possible, be written in a language comprehensible to an
109	ordinary layperson. Such reasonable estimate does shall not
110	preclude the health care provider or health care facility from
111	exceeding the estimate or making additional charges based on
112	changes in the patient's condition or treatment needs.
113	6.4.  Each licensed facility not operated by the state
114	shall make available to the public on its Internet website or by
115	other electronic means a description of and a link to the
116	performance outcome and financial data that is published by the
117	agency pursuant to s. 408.05(3)(k). The facility shall place a
118	notice in the reception area that such information is available
119	electronically and the website address. The licensed facility
120	may indicate that the pricing information is based on a
121	compilation of charges for the average patient and that each
122	patient's bill may vary from the average depending upon the
123	severity of illness and individual resources consumed. The
124	licensed facility may also indicate that the price of service is
125	negotiable for eligible patients based upon the patient's
126	ability to pay.
127	7.5.  A patient has the right to receive a copy of an
128	itemized bill upon request. A patient has a right to be given an
129	explanation of charges upon request.
130	Section 2.  Subsections (30) through (32) of section
131	395.002, Florida Statutes, are renumbered as subsections (31)
132	through (33), respectively, and a new subsection (30) is added
133	to that section to read:
134	395.002  Definitions.-As used in this chapter:
135	(30)  "Urgent care center" means a facility or clinic,
136	owned by a hospital, that provides immediate but not emergent
137	ambulatory medical care to patients with or without an
138	appointment. It does not include the emergency department of a
139	hospital.
140	Section 3.  Section 395.107, Florida Statutes, is created
141	to read:
142	395.107  Urgent care centers; publishing and posting
143	schedule of charges.-An urgent care center must publish a
144	schedule of charges for the medical services offered to
145	patients. The schedule must include the prices charged to an
146	uninsured person paying for such services by cash, check, credit
147	card, or debit card. The schedule must be posted in a
148	conspicuous place in the reception area of the urgent care
149	center and must include, but is not limited to, the 50 services
150	most frequently provided by the urgent care center. The schedule
151	may group services by three price levels, listing services in
152	each price level. The posting must be at least 15 square feet in
153	size. The failure of an urgent care center to publish and post a
154	schedule of charges as required by this section shall result in
155	a fine of not more than $1,000, per day, until the schedule is
156	published and posted.
157	Section 4.  This act shall take effect July 1, 2011.

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