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.