Florida Senate - 2017 SB 1206
By Senator Montford
3-00124A-17 20171206__
1 A bill to be entitled
2 An act relating to the rights and responsibilities of
3 patients; amending s. 381.026, F.S.; requiring health
4 care facilities and providers to authorize patients to
5 bring in any person of the patients’ choosing to
6 specified areas of the facilities or providers’
7 offices under certain circumstances; requiring health
8 care facilities and providers to include such
9 authorization as an additional patient standard in the
10 statement of rights and responsibilities made
11 available to patients by health care providers;
12 providing an effective date.
13
14 Be It Enacted by the Legislature of the State of Florida:
15
16 Section 1. Paragraph (a) of subsection (4) and subsection
17 (6) of section 381.026, Florida Statutes, are amended to read:
18 381.026 Florida Patient’s Bill of Rights and
19 Responsibilities.—
20 (4) RIGHTS OF PATIENTS.—Each health care facility or
21 provider shall observe the following standards:
22 (a) Individual dignity.—
23 1. The individual dignity of a patient must be respected at
24 all times and upon all occasions.
25 2. Every patient who is provided health care services
26 retains certain rights to privacy, which must be respected
27 without regard to the patient’s economic status or source of
28 payment for his or her care. The patient’s rights to privacy
29 must be respected to the extent consistent with providing
30 adequate medical care to the patient and with the efficient
31 administration of the health care facility or provider’s office.
32 However, this subparagraph does not preclude necessary and
33 discreet discussion of a patient’s case or examination by
34 appropriate medical personnel.
35 3. A patient has the right to a prompt and reasonable
36 response to a question or request. A health care facility shall
37 respond in a reasonable manner to the request of a patient’s
38 health care provider for medical services to the patient. The
39 health care facility shall also respond in a reasonable manner
40 to the patient’s request for other services customarily rendered
41 by the health care facility to the extent such services do not
42 require the approval of the patient’s health care provider or
43 are not inconsistent with the patient’s treatment.
44 4. A patient in a health care facility has the right to
45 retain and use personal clothing or possessions as space
46 permits, unless for him or her to do so would infringe upon the
47 right of another patient or is medically or programmatically
48 contraindicated for documented medical, safety, or programmatic
49 reasons.
50 5. A patient receiving care in a health care facility or in
51 a provider’s office has the right to bring any person of his or
52 her choosing to the patient-accessible areas of the health care
53 facility or provider’s office to accompany the patient while the
54 patient is receiving inpatient or outpatient treatment or is
55 consulting with his or her health care provider. Any person or
56 entity that may have a fiduciary interest affected by the
57 patient’s course of treatment may not attend a consultation or
58 attempt to change a prescribed course of treatment without the
59 health care provider’s consent.
60 (6) SUMMARY OF RIGHTS AND RESPONSIBILITIES.—Any health care
61 provider who treats a patient in an office or any health care
62 facility licensed under chapter 395 that provides emergency
63 services and care or outpatient services and care to a patient,
64 or admits and treats a patient, shall adopt and make available
65 to the patient, in writing, a statement of the rights and
66 responsibilities of patients, including the following:
67
68 SUMMARY OF THE FLORIDA PATIENT’S BILL
69 OF RIGHTS AND RESPONSIBILITIES
70
71 Florida law requires that your health care provider or
72 health care facility recognize your rights while you are
73 receiving medical care and that you respect the health care
74 provider’s or health care facility’s right to expect certain
75 behavior on the part of patients. You may request a copy of the
76 full text of this law from your health care provider or health
77 care facility. A summary of your rights and responsibilities
78 follows:
79 A patient has the right to be treated with courtesy and
80 respect, with appreciation of his or her individual dignity, and
81 with protection of his or her need for privacy.
82 A patient has the right to a prompt and reasonable response
83 to questions and requests.
84 A patient has the right to know who is providing medical
85 services and who is responsible for his or her care.
86 A patient has the right to know what patient support
87 services are available, including whether an interpreter is
88 available if he or she does not speak English.
89 A patient has the right to bring any person of his or her
90 choosing to the patient-accessible areas of the health care
91 facility or provider’s office to accompany the patient while the
92 patient is receiving inpatient or outpatient treatment or is
93 consulting with his or her health care provider, except that any
94 person or entity that may have a fiduciary interest affected by
95 the patient’s course of treatment may not attend a consultation
96 or attempt to change a prescribed course of treatment without
97 the health care provider’s consent.
98 A patient has the right to know what rules and regulations
99 apply to his or her conduct.
100 A patient has the right to be given by the health care
101 provider information concerning diagnosis, planned course of
102 treatment, alternatives, risks, and prognosis.
103 A patient has the right to refuse any treatment, except as
104 otherwise provided by law.
105 A patient has the right to be given, upon request, full
106 information and necessary counseling on the availability of
107 known financial resources for his or her care.
108 A patient who is eligible for Medicare has the right to
109 know, upon request and in advance of treatment, whether the
110 health care provider or health care facility accepts the
111 Medicare assignment rate.
112 A patient has the right to receive, upon request, prior to
113 treatment, a reasonable estimate of charges for medical care.
114 A patient has the right to receive a copy of a reasonably
115 clear and understandable, itemized bill and, upon request, to
116 have the charges explained.
117 A patient has the right to impartial access to medical
118 treatment or accommodations, regardless of race, national
119 origin, religion, handicap, or source of payment.
120 A patient has the right to treatment for any emergency
121 medical condition that will deteriorate from failure to provide
122 treatment.
123 A patient has the right to know if medical treatment is for
124 purposes of experimental research and to give his or her consent
125 or refusal to participate in such experimental research.
126 A patient has the right to express grievances regarding any
127 violation of his or her rights, as stated in Florida law,
128 through the grievance procedure of the health care provider or
129 health care facility which served him or her and to the
130 appropriate state licensing agency.
131 A patient is responsible for providing to the health care
132 provider, to the best of his or her knowledge, accurate and
133 complete information about present complaints, past illnesses,
134 hospitalizations, medications, and other matters relating to his
135 or her health.
136 A patient is responsible for reporting unexpected changes
137 in his or her condition to the health care provider.
138 A patient is responsible for reporting to the health care
139 provider whether he or she comprehends a contemplated course of
140 action and what is expected of him or her.
141 A patient is responsible for following the treatment plan
142 recommended by the health care provider.
143 A patient is responsible for keeping appointments and, when
144 he or she is unable to do so for any reason, for notifying the
145 health care provider or health care facility.
146 A patient is responsible for his or her actions if he or
147 she refuses treatment or does not follow the health care
148 provider’s instructions.
149 A patient is responsible for assuring that the financial
150 obligations of his or her health care are fulfilled as promptly
151 as possible.
152 A patient is responsible for following health care facility
153 rules and regulations affecting patient care and conduct.
154 Section 2. This act shall take effect July 1, 2017.