Florida 2022 Regular Session

Florida House Bill H0373 Compare Versions

Only one version of the bill is available at this time.

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3	3	HB 373 2022
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7	7	CODING: Words stricken are deletions; words underlined are additions.
8	8	hb0373-00
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10	10	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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14	14	A bill to be entitled 1
15	15	An act relating to denial of health care services; 2
16	16	creating s. 381.027, F.S.; providing a short title; 3
17	17	providing definitions; requiring a covered entity to 4
18	18	adopt a policy relating to providing notice of its 5
19	19	refused services by a specified date; providing 6
20	20	requirements for such notice; requiring the covered 7
21	21	entity to submit a complete list of refused services 8
22	22	to the Department of Health by a specified date; 9
23	23	requiring that the covered entity notify the 10
24	24	department within a specified period after a change is 11
25	25	made to such list; requiring a covered entity to 12
26	26	submit the list, along with its application, if 13
27	27	applying for certain state grants or contracts; 14
28	28	providing a penalty; requiring the department to adopt 15
29	29	rules; requiring the department to publish and 16
30	30	maintain on its website a current list of covered 17
31	31	entities and their refused services; requiring the 18
32	32	department to develop and administer a certain public 19
33	33	education and awareness program; providing 20
34	34	construction; providing for severability; providing an 21
35	35	effective date. 22
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37	37	Be It Enacted by the Legislature of the State of Florida: 24
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40	40	HB 373 2022
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45	45	hb0373-00
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47	47	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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51	51	Section 1. Section 381.027, Florida Statutes, is created 26
52	52	to read: 27
53	53	381.027 Requirements for covered entities; notice of 28
54	54	refused services; department duties. — 29
55	55	(1) SHORT TITLE.—This section may be cited as the "Health 30
56	56	Care Transparency and Accessibility Act." 31
57	57	(2) DEFINITIONS.—As used in this section, the term: 32
58	58	(a) "Covered entity" means any health care facility that 33
59	59	uses, plans to use, or relies upon a denial of care provision to 34
60	60	refuse to provide a health care service, or referral for a 35
61	61	health care service, for any reason. The term does not include a 36
62	62	health care practitioner. 37
63	63	(b) "Denial of care provision" means any federal or state 38
64	64	law that purports or is asserted to allow a health care facility 39
65	65	to opt out of providing a health care service, or referral for a 40
66	66	health care service, including, but not limited to, ss. 41
67	67	381.0051(5), 390.0111(8), 483.918, and 765.1105; 42 U.S.C. ss. 42
68	68	18023(b)(4) and 18113; 42 U.S.C. s. 300a -7; 42 U.S.C. s. 238n; 43
69	69	42 U.S.C. s. 2000bb et seq.; s. 507(d) of the Departments of 44
70	70	Labor, Health and Human Services, and Education, and Related 45
71	71	Agencies Appropriations Act of 20 19, Division B of Pub. L. No. 46
72	72	115-245; and 45 C.F.R. part 88. 47
73	73	(c) "Department" means the Department of Health. 48
74	74	(d) "Health care facility" has the same meaning as in s. 49
75	75	381.026(2). 50
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77	77	HB 373 2022
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81	81	CODING: Words stricken are deletions; words underlined are additions.
82	82	hb0373-00
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84	84	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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88	88	(e) "Health care practitioner" has the same meaning as in 51
89	89	s. 456.001. 52
90	90	(f) "Health care service" has the same meaning as in s. 53
91	91	624.27(1). 54
92	92	(g) "Referral" has the same meaning as in s. 456.053(3). 55
93	93	(h) "Refused service" means a health care service that a 56
94	94	covered entity chooses not to provide, or not to provide a 57
95	95	referral for, based on one or more denial of care provisions. 58
96	96	The term includes health care services that the covered entity 59
97	97	selectively provides to some, but not all, patients based on the 60
98	98	their identity, objections to a health care service, or other 61
99	99	nonmedical reasons. 62
100	100	(3) REQUIREMENTS FOR COVERED ENTITIES; PENALTY. — 63
101	101	(a) By October 1, 2022, each covered entity shall adopt a 64
102	102	policy for providing patients with a complete list of its 65
103	103	refused services. A covered entity shall: 66
104	104	1. Provide written notice to the patient or the patient's 67
105	105	representative which includes the complete list of its refused 68
106	106	services before any health care service is initiated. 69
107	107	a. In the case of an emergency, the covered entity must 70
108	108	promptly provide written notice after the patient is cap able of 71
109	109	receiving such notice or when the patient's representative is 72
110	110	available. 73
111	111	b. The patient or patient's representative shall 74
112	112	acknowledge receipt of the written notice of refused services. 75
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121	121	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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125	125	2. Retain all acknowledgements of receipt of the written 76
126	126	notice of refused services for a period of at least 3 years. 77
127	127	3. Provide a complete list of its refused services to any 78
128	128	person upon request. 79
129	129	(b) By October 1, 2022, a covered entity shall submit to 80
130	130	the department a complete list of its refused services. I f any 81
131	131	change is made to the list, the covered entity must notify the 82
132	132	department within 30 days after making the change. 83
133	133	(c) If applying for any state grant or contract related to 84
134	134	providing a health care service, a covered entity must submit, 85
135	135	along with its application, a complete list of its refused 86
136	136	services. 87
137	137	(d) A covered entity that fails to comply with this 88
138	138	subsection is subject to a fine not exceeding $5,000 for each 89
139	139	day that the covered entity is not in compliance. 90
140	140	(4) DEPARTMENT DUTIES. — 91
141	141	(a) The department shall adopt rules to implement this 92
142	142	section which must include a process for receiving and 93
143	143	investigating complaints regarding covered entities that fail to 94
144	144	comply with this section. 95
145	145	(b) By January 1, 2023, the department shall publish and 96
146	146	maintain on its website a current list of covered entities and 97
147	147	the refused services for each covered entity. 98
148	148	(c) The department shall develop and administer a public 99
149	149	education and awareness program regarding the denial of health 100
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155	155	CODING: Words stricken are deletions; words underlined are additions.
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158	158	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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162	162	care services, including h ow the denial of health care services 101
163	163	can negatively impact health care access and quality, how the 102
164	164	denial of health care services may be avoided, and how the 103
165	165	denial of health care services affects vulnerable people and 104
166	166	communities. 105
167	167	(5) CONSTRUCTION.— 106
168	168	(a) This section does not permit or authorize denials of 107
169	169	health care services or discrimination in the provision of 108
170	170	health care services. 109
171	171	(b) This section does not limit any cause of action under 110
172	172	state or federal law, or limit any remedy in law or equity , 111
173	173	against a health care facility or health care practitioner. 112
174	174	(c) Compliance with this section does not reduce or limit 113
175	175	any potential liability for covered entities associated with the 114
176	176	refused services or any violations of state or federal law. 115
177	177	(d) Section 761.03 does not provide a claim relating to, 116
178	178	or a defense to a claim under, this section, or provide a basis 117
179	179	for challenging the application or enforcement of this section 118
180	180	or the use of funds associated with the application or 119
181	181	enforcement of this sect ion. 120
182	182	(6) SEVERABILITY.—If any provision of this section or its 121
183	183	application to any person or circumstance is held invalid, the 122
184	184	invalidity does not affect other provisions or applications of 123
185	185	this section which can be given effect without the invalid 124
186	186	provision or application, and to this end the provisions of this 125
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188	188	HB 373 2022
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192	192	CODING: Words stricken are deletions; words underlined are additions.
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195	195	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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199	199	section are severable. 126
200	200	Section 2. This act shall take effect July 1, 2022. 127