Bill Text: FL S0768 | 2015 | Regular Session | Comm Sub
Bill Title: Patient Observation Status Notification
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2015-04-22 - Laid on Table, companion bill(s) passed, see CS/HB 309 (Ch. 2015-109) [S0768 Detail]
Download: Florida-2015-S0768-Comm_Sub.html
Florida Senate - 2015 CS for SB 768 By the Committee on Health Policy; and Senator Gaetz 588-02133-15 2015768c1 1 A bill to be entitled 2 An act relating to patient observation status 3 notification; amending s. 395.301, F.S.; requiring a 4 licensed facility to document observation services in 5 a patient’s discharge papers when the facility places 6 the patient on observation status; requiring a 7 licensed facility to notify a patient or patient’s 8 proxy of observation status through discharge papers; 9 authorizing a licensed facility to notify a patient or 10 patient’s proxy of observation status through other 11 forms of communication; providing an effective date. 12 13 Be It Enacted by the Legislature of the State of Florida: 14 15 Section 1. Section 395.301, Florida Statutes, is amended, 16 to read: 17 395.301 Itemized patient bill; form and content prescribed 18 by the agency; patient observation status notification.— 19 (1) A licensed facility not operated by the state shall 20 notify each patient during admission and at discharge of his or 21 her right to receive an itemized bill upon request. Within 7 22 days following the patient’s discharge or release from a 23 licensed facility not operated by the state, the licensed 24 facility providing the service shall, upon request, submit to 25 the patient, or to the patient’s survivor or legal guardian as 26 may be appropriate, an itemized statement detailing in language 27 comprehensible to an ordinary layperson the specific nature of 28 charges or expenses incurred by the patient, which in the 29 initial billing shall contain a statement of specific services 30 received and expenses incurred for such items of service, 31 enumerating in detail the constituent components of the services 32 received within each department of the licensed facility and 33 including unit price data on rates charged by the licensed 34 facility, as prescribed by the agency. 35 (2)(a) Each such statement submitted pursuant to this 36 section: 37 1. May not include charges of hospital-based physicians if 38 billed separately. 39 2. May not include any generalized category of expenses 40 such as “other” or “miscellaneous” or similar categories. 41 3. Shall list drugs by brand or generic name and not refer 42 to drug code numbers when referring to drugs of any sort. 43 4. Shall specifically identify therapy treatment as to the 44 date, type, and length of treatment when therapy treatment is a 45 part of the statement. 46 (b) Any person receiving a statement pursuant to this 47 section shall be fully and accurately informed as to each charge 48 and service provided by the institution preparing the statement. 49 (3) On each itemized statement submitted pursuant to 50 subsection (1) there shall appear the words “A FOR-PROFIT (or 51 NOT-FOR-PROFIT or PUBLIC) HOSPITAL (or AMBULATORY SURGICAL 52 CENTER) LICENSED BY THE STATE OF FLORIDA” or substantially 53 similar words sufficient to identify clearly and plainly the 54 ownership status of the licensed facility. Each itemized 55 statement must prominently display the phone number of the 56 medical facility’s patient liaison who is responsible for 57 expediting the resolution of any billing dispute between the 58 patient, or his or her representative, and the billing 59 department. 60 (4) An itemized bill shall be provided once to the 61 patient’s physician at the physician’s request, at no charge. 62 (5) In any billing for services subsequent to the initial 63 billing for such services, the patient, or the patient’s 64 survivor or legal guardian, may elect, at his or her option, to 65 receive a copy of the detailed statement of specific services 66 received and expenses incurred for each such item of service as 67 provided in subsection (1). 68 (6) No physician, dentist, podiatric physician, or licensed 69 facility may add to the price charged by any third party except 70 for a service or handling charge representing a cost actually 71 incurred as an item of expense; however, the physician, dentist, 72 podiatric physician, or licensed facility is entitled to fair 73 compensation for all professional services rendered. The amount 74 of the service or handling charge, if any, shall be set forth 75 clearly in the bill to the patient. 76 (7) Each licensed facility not operated by the state shall 77 provide, prior to provision of any nonemergency medical 78 services, a written good faith estimate of reasonably 79 anticipated charges for the facility to treat the patient’s 80 condition upon written request of a prospective patient. The 81 estimate shall be provided to the prospective patient within 7 82 business days after the receipt of the request. The estimate may 83 be the average charges for that diagnosis related group or the 84 average charges for that procedure. Upon request, the facility 85 shall notify the patient of any revision to the good faith 86 estimate. Such estimate shall not preclude the actual charges 87 from exceeding the estimate. The facility shall place a notice 88 in the reception area that such information is available. 89 Failure to provide the estimate within the provisions 90 established pursuant to this section shall result in a fine of 91 $500 for each instance of the facility’s failure to provide the 92 requested information. 93 (8) Each licensed facility that is not operated by the 94 state shall provide any uninsured person seeking planned 95 nonemergency elective admission a written good faith estimate of 96 reasonably anticipated charges for the facility to treat such 97 person. The estimate must be provided to the uninsured person 98 within 7 business days after the person notifies the facility 99 and the facility confirms that the person is uninsured. The 100 estimate may be the average charges for that diagnosis-related 101 group or the average charges for that procedure. Upon request, 102 the facility shall notify the person of any revision to the good 103 faith estimate. Such estimate does not preclude the actual 104 charges from exceeding the estimate. The facility shall also 105 provide to the uninsured person a copy of any facility discount 106 and charity care discount policies for which the uninsured 107 person may be eligible. The facility shall place a notice in the 108 reception area where such information is available. Failure to 109 provide the estimate as required by this subsection shall result 110 in a fine of $500 for each instance of the facility’s failure to 111 provide the requested information. 112 (9) If a licensed facility places a patient on observation 113 rather than inpatient status, observation services shall be 114 documented in the patient’s discharge papers. The patient or 115 patient’s proxy shall be notified of observation services 116 through discharge papers and also may be notified through 117 brochures, signage, or other forms of communication for this 118 purpose. 119 (10)(9)A licensed facility shall make available to a 120 patient all records necessary for verification of the accuracy 121 of the patient’s bill within 30 business days after the request 122 for such records. The verification information must be made 123 available in the facility’s offices. Such records shall be 124 available to the patient prior to and after payment of the bill 125 or claim. The facility may not charge the patient for making 126 such verification records available; however, the facility may 127 charge its usual fee for providing copies of records as 128 specified in s. 395.3025. 129 (11)(10)Each facility shall establish a method for 130 reviewing and responding to questions from patients concerning 131 the patient’s itemized bill. Such response shall be provided 132 within 30 days after the date a question is received. If the 133 patient is not satisfied with the response, the facility must 134 provide the patient with the address of the agency to which the 135 issue may be sent for review. 136 (12)(11)Each licensed facility shall make available on its 137 Internet website a link to the performance outcome and financial 138 data that is published by the Agency for Health Care 139 Administration pursuant to s. 408.05(3)(k). The facility shall 140 place a notice in the reception area that the information is 141 available electronically and the facility’s Internet website 142 address. 143 Section 2. This act shall take effect July 1, 2015.