Florida 2022 Regular Session

Florida House Bill H1527 Latest Draft

Bill / Comm Sub Version Filed 02/04/2022

                               
 
CS/HB 1527  	2022 
 
 
 
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A bill to be entitled 1 
An act relating to health care expenses; creating s. 2 
222.26, F.S.; providing additional personal property 3 
exemptions from legal process for medical debts 4 
resulting from services provided in certain licensed 5 
facilities; amending s. 395.301, F.S.; requiring a 6 
licensed facility to post on its website a consumer -7 
friendly list of standard charges for a minimum number 8 
of shoppable health care services; providing 9 
definitions; requiring a licensed facility to 10 
establish an internal grievance process for patients 11 
to dispute charges, to make available information 12 
necessary for initiating a grievance, and to respond 13 
to a grievance within a specified timeframe; creating 14 
s. 395.3011, F.S.; providing a definition; prohibiting 15 
certain collection activities by a licensed facility; 16 
providing an effective date. 17 
 18 
Be It Enacted by the Legislature of the State of Florida: 19 
 20 
 Section 1.  Section 222.26, Florida Statutes, is cr eated to 21 
read: 22 
 222.26  Additional exemptions from legal process concerning 23 
medical debt.—If a debt is owed for medical services provided by 24 
a facility licensed under chapter 395, the following property is 25     
 
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exempt from attachment, garnishment, or other lega l process in 26 
an action on such debt: 27 
 (1)  A debtor's interest, not to exceed $10,000 in value, 28 
in a single motor vehicle as defined in s. 320.01(1). 29 
 (2)  A debtor's interest in personal property, not to 30 
exceed $10,000 in value, if the debtor does not cla im or receive 31 
the benefits of a homestead exemption under s. 4, Art. X of the 32 
State Constitution. 33 
 Section 2.  Paragraphs (b) through (d) of subsection (1) of 34 
section 395.301, Florida Statutes, are redesignated as 35 
paragraphs (c) through (e), respectively , subsection (6) is 36 
renumbered as subsection (7), and a new paragraph (b) is added 37 
to subsection (1) and a new subsection (6) is added to that 38 
section, to read: 39 
 395.301  Price transparency; itemized patient statement or 40 
bill; patient admission status noti fication.— 41 
 (1)  A facility licensed under this chapter shall provide 42 
timely and accurate financial information and quality of service 43 
measures to patients and prospective patients of the facility, 44 
or to patients' survivors or legal guardians, as appropria te. 45 
Such information shall be provided in accordance with this 46 
section and rules adopted by the agency pursuant to this chapter 47 
and s. 408.05. Licensed facilities operating exclusively as 48 
state facilities are exempt from this subsection. 49     
 
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 (b)  Each licensed facility shall post on its website a 50 
consumer-friendly list of standard charges for at least 300 51 
shoppable health care services. If a facility provides fewer 52 
than 300 distinct shoppable health care services, it shall make 53 
available on its website the sta ndard charges for each service 54 
it provides. As used in this paragraph, the term: 55 
 1.  "Shoppable health care service" means a service that 56 
can be scheduled by a healthcare consumer in advance. The term 57 
includes, but is not limited to, the services describe d in s. 58 
627.6387(2)(e) and any services defined in regulations or 59 
guidance issued by the United States Department of Health and 60 
Human Services. 61 
 2.  "Standard charge" has the same meaning as that term is 62 
defined in regulations or guidance issued by the Uni ted States 63 
Department of Health and Human Services for purposes of hospital 64 
price transparency. 65 
 (6)  Each facility shall establish an internal process for 66 
reviewing and responding to grievances from patients. Such 67 
process must allow patients to dispute ch arges that appear on 68 
the patient's itemized statement or bill. The facility shall 69 
prominently post on its website and indicate in bold print on 70 
each itemized statement or bill the instructions for initiating 71 
a grievance and the direct contact information r equired to 72 
initiate the grievance process. The facility must provide an 73 
initial response to a patient grievance within 7 business days 74     
 
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after the patient formally files a grievance disputing all or a 75 
portion of an itemized statement or bill. 76 
 Section 3.  Section 395.3011, Florida Statutes, is created 77 
to read: 78 
 395.3011 Billing and collection activities. — 79 
 (1)  As used in this section, the term "extraordinary 80 
collection action" means any of the following actions taken by a 81 
licensed facility against an indiv idual in relation to obtaining 82 
payment of a bill for care covered under the facility's 83 
financial assistance policy: 84 
 (a)  Selling the individual's debt to another party. 85 
 (b)  Reporting adverse information about the individual to 86 
consumer credit reporting agencies or credit bureaus. 87 
 (c)  Deferring, denying, or requiring a payment before 88 
providing medically necessary care because of the individual's 89 
nonpayment of one or more bills for previously provided care 90 
covered under the facility's financial assistanc e policy. 91 
 (d)  Actions that require a legal or judicial process, 92 
including, but not limited to: 93 
 1.  Placing a lien on the individual's property; 94 
 2.  Foreclosing on the individual's real property; 95 
 3.  Attaching or seizing the individual's bank account o r 96 
any other personal property; 97 
 4.  Commencing a civil action against the individual; 98 
 5.  Causing the individual's arrest; or 99     
 
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 6.  Garnishing the individual's wages. 100 
 (2)  A facility may not engage in an extraordinary 101 
collection action against an individu al to obtain payment for 102 
services: 103 
 (a)  Before the facility has made reasonable efforts to 104 
determine whether the individual is eligible for assistance 105 
under its financial assistance policy for the care provided. 106 
 (b)  Before the facility has provided the individual with 107 
an itemized statement or bill. 108 
 (c)  During an ongoing grievance process as described in s. 109 
395.301(6). 110 
 (d)  Before billing any applicable insurer and allowing the 111 
insurer to adjudicate a claim. 112 
 (e)  For 30 days after notifying the patien t in writing, by 113 
certified mail or other traceable delivery method, that a 114 
collection action will commence absent additional action by the 115 
patient. 116 
 Section 4.  This act shall take effect July 1, 2022. 117