HB 907 2023
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hb0907-00
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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
A bill to be entitled 1
An act relating to denial of health care services; 2
creating s. 381.027, F.S.; providing a short title; 3
providing definitions; requiring a covered entity to 4
adopt a policy relating to providing notice of its 5
refused services by a specified date; providing 6
requirements for such notice; requiring the covered 7
entity to submit a complete list of refused services 8
to the Department of Health by a specified date; 9
requiring that the covered entity notify the 10
department within a specified period after a change is 11
made to such list; requiring a covered entity to 12
submit the list, along with its application, if 13
applying for certain state grants or contracts; 14
providing a penalty; requiring the department to adopt 15
rules; requiring the department to publish and 16
maintain on its website a current list of covered 17
entities and their refused services; requiring the 18
department to develop and administer a certain public 19
education and awareness program; providing 20
construction; providing for severability; providing an 21
effective date. 22
23
Be It Enacted by the Legislature of the State of Florida: 24
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HB 907 2023
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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
Section 1. Section 381.027, Florida Statutes, is created 26
to read: 27
381.027 Requirements for covered entities; notice of 28
refused services; department duties. — 29
(1) SHORT TITLE.—This section may be cited as the "Health 30
Care Transparency and Accessibility Act." 31
(2) DEFINITIONS.—As used in this section, the term: 32
(a) "Covered entity" means any health care facility that 33
uses, plans to use, or relies upon a denial of care provision to 34
refuse to provide a health care service, or referral for a 35
health care service, for any reason. The term does not include a 36
health care practitioner. 37
(b) "Denial of care provision" means any federal or state 38
law that purports or is asserted to allow a health care facility 39
to opt out of providing a health care service, or referral for a 40
health care service, including, but not limited to, ss. 41
381.0051(5), 390.0111(8), 483.918, and 765.1105; 42 U.S.C. ss. 42
18023(b)(4) and 18113; 42 U.S.C. s. 300a -7; 42 U.S.C. s. 238n; 43
42 U.S.C. s. 2000bb et seq.; s. 507(d) of the Departments of 44
Labor, Health and Human Services, and Education, and Related 45
Agencies Appropriations Act of 20 19, Division B of Pub. L. No. 46
115-245; and 45 C.F.R. part 88. 47
(c) "Department" means the Department of Health. 48
(d) "Health care facility" has the same meaning as in s. 49
381.026(2). 50
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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
(e) "Health care practitioner" has the same meaning as in 51
s. 456.001. 52
(f) "Health care service" has the same meaning as in s. 53
624.27(1). 54
(g) "Referral" has the same meaning as in s. 456.053(3). 55
(h) "Refused service" means a health care service that a 56
covered entity chooses not to provide, or not to provide a 57
referral for, based on one or more denial of care provisions. 58
The term includes health care services that the covered entity 59
selectively provides to some, but not all, patients based on the 60
their identity, objections to a health care service, or other 61
nonmedical reasons. 62
(3) REQUIREMENTS FOR COVERED ENTITIES; PENALTY. — 63
(a) By October 1, 2023, each covered entity shall adopt a 64
policy for providing patients with a complete list of its 65
refused services. A covered entity shall: 66
1. Provide written notice to the patient or the patient's 67
representative which includes the complete list of its refused 68
services before any health care service is initiated. 69
a. In the case of an emergency, the covered entity must 70
promptly provide written notice after the patient is cap able of 71
receiving such notice or when the patient's representative is 72
available. 73
b. The patient or patient's representative shall 74
acknowledge receipt of the written notice of refused services. 75
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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
2. Retain all acknowledgements of receipt of the written 76
notice of refused services for a period of at least 3 years. 77
3. Provide a complete list of its refused services to any 78
person upon request. 79
(b) By October 1, 2023, a covered entity shall submit to 80
the department a complete list of its refused services. I f any 81
change is made to the list, the covered entity must notify the 82
department within 30 days after making the change. 83
(c) If applying for any state grant or contract related to 84
providing a health care service, a covered entity must submit, 85
along with its application, a complete list of its refused 86
services. 87
(d) A covered entity that fails to comply with this 88
subsection is subject to a fine not exceeding $5,000 for each 89
day that the covered entity is not in compliance. 90
(4) DEPARTMENT DUTIES. — 91
(a) The department shall adopt rules to implement this 92
section which must include a process for receiving and 93
investigating complaints regarding covered entities that fail to 94
comply with this section. 95
(b) By January 1, 2024, the department shall publish and 96
maintain on its website a current list of covered entities and 97
the refused services for each covered entity. 98
(c) The department shall develop and administer a public 99
education and awareness program regarding the denial of health 100
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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
care services, including h ow the denial of health care services 101
can negatively impact health care access and quality, how the 102
denial of health care services may be avoided, and how the 103
denial of health care services affects vulnerable people and 104
communities. 105
(5) CONSTRUCTION.— 106
(a) This section does not permit or authorize denials of 107
health care services or discrimination in the provision of 108
health care services. 109
(b) This section does not limit any cause of action under 110
state or federal law, or limit any remedy in law or equity , 111
against a health care facility or health care practitioner. 112
(c) Compliance with this section does not reduce or limit 113
any potential liability for covered entities associated with the 114
refused services or any violations of state or federal law. 115
(d) Section 761.03 does not provide a claim relating to, 116
or a defense to a claim under, this section, or provide a basis 117
for challenging the application or enforcement of this section 118
or the use of funds associated with the application or 119
enforcement of this sect ion. 120
(6) SEVERABILITY.—If any provision of this section or its 121
application to any person or circumstance is held invalid, the 122
invalidity does not affect other provisions or applications of 123
this section which can be given effect without the invalid 124
provision or application, and to this end the provisions of this 125
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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
section are severable. 126
Section 2. This act shall take effect July 1, 2023. 127