Florida Senate - 2025 CS for SB 1808
By the Committee on Health Policy; and Senator Burton
588-02568-25 20251808c1
1 A bill to be entitled
2 An act relating to refund of overpayments made by
3 patients; creating s. 408.12, F.S.; requiring health
4 care facility licensees to refund to the patient any
5 overpayment within a specified timeframe; defining the
6 term “tenders charges for reimbursement”; providing
7 applicability; specifying that health care facility
8 licensees who violate certain provisions are subject
9 to administrative fines; amending s. 408.813, F.S.;
10 revising administrative fines for health care
11 practitioners; amending s. 456.0625, F.S.; requiring
12 health care practitioners to refund to the patient any
13 overpayment within a specified timeframe; defining the
14 term “tenders charges for reimbursement”; providing
15 applicability; specifying that health care
16 practitioners who violate certain provisions are
17 subject to disciplinary actions; amending s. 456.072,
18 F.S.; revising the acts that constitute grounds for
19 disciplinary actions for health care practitioners;
20 providing an effective date.
21
22 Be It Enacted by the Legislature of the State of Florida:
23
24 Section 1. Section 408.12, Florida Statutes, is created to
25 read:
26 408.12 Patient overpayments; refunds.—
27 (1) A licensee who tenders charges for reimbursement shall
28 refund to the patient the amount of any overpayment made by the
29 patient to the licensee no later than 30 days after the date
30 that the licensee determines that such overpayment was made. For
31 purposes of this section, the term “tenders charges for
32 reimbursement” means the licensee files a claim for
33 reimbursement with any government-sponsored program or private
34 health insurer or health maintenance organization for services
35 rendered to the patient.
36 (2) This section does not apply to an overpayment subject
37 to s. 627.6131 or s. 641.3155.
38 (3) A licensee who violates this section is subject to an
39 administrative fine under s. 408.813.
40 Section 2. Paragraph (g) is added to subsection (3) of
41 section 408.813, Florida Statutes, to read:
42 408.813 Administrative fines; violations.—As a penalty for
43 any violation of this part, authorizing statutes, or applicable
44 rules, the agency may impose an administrative fine.
45 (3) The agency may impose an administrative fine for a
46 violation that is not designated as a class I, class II, class
47 III, or class IV violation. Unless otherwise specified by law,
48 the amount of the fine may not exceed $500 for each violation.
49 Unclassified violations include:
50 (g) Failing to refund a patient overpayment pursuant to s.
51 408.12.
52 Section 3. Section 456.0625, Florida Statutes, is created
53 to read:
54 456.0625 Patient overpayments; refunds.—
55 (1) A health care practitioner who tenders charges for
56 reimbursement, or any billing department, management company, or
57 group practice that accepts payment for services rendered by the
58 health care practitioner, shall refund to the patient the amount
59 of any overpayment made by the patient no later than 30 days
60 after the date that it was determined that an overpayment was
61 made. For purposes of this section, the term “tenders charges
62 for reimbursement” means that the health care practitioner,
63 department, company, or practice files a claim for reimbursement
64 with any government-sponsored program or private health insurer
65 or health maintenance organization for services rendered by the
66 health care practitioner to the patient.
67 (2) This section does not apply to an overpayment subject
68 to s. 627.6131 or s. 641.3155.
69 (3) A health care practitioner’s violation of this section
70 constitutes grounds for disciplinary action under s. 456.072.
71 Section 4. Paragraph (tt) is added to subsection (1) of
72 section 456.072, Florida Statutes, to read:
73 456.072 Grounds for discipline; penalties; enforcement.—
74 (1) The following acts shall constitute grounds for which
75 the disciplinary actions specified in subsection (2) may be
76 taken:
77 (tt) Failure to comply with s. 456.0625, relating to
78 refunding overpayments to patients.
79 Section 5. This act shall take effect January 1, 2026.