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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
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An act relating to medical debt; amending s. 395.3011, 2
F.S.; revising a definition; providing an exception to 3
the prohibition of a facility engaging in 4
extraordinary collection action to obtain payment for 5
services for the sale of certain debt; providing an 6
effective date. 7
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Be It Enacted by the Legislature of the State of Florida: 9
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Section 1. Section 395.3011, Florida Statutes, is amended 11
to read: 12
395.3011 Billing and collection activities. — 13
(1) As used in this section, the term "extraordinary 14
collection action" means any of the following actions taken by a 15
licensed facility against an individual in relation to obtaining 16
payment of a bill for c are covered under the facility's 17
financial assistance policy : 18
(a) Selling the individual's debt to another party. 19
(b) Reporting adverse information about the individual to 20
consumer credit reporting agencies or credit bureaus. 21
(c) Deferring, denying, or requiring a payment before 22
providing medically necessary care because of the individual's 23
nonpayment of one or more bills for previously provided care 24
covered under the facility's financial assistance policy. 25
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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
(d) Actions that require a legal or judici al process, 26
including, but not limited to: 27
1. Placing a lien on the individual's property; 28
2. Foreclosing on the individual's real property; 29
3. Attaching or seizing the individual's bank account or 30
any other personal property; 31
4. Commencing a civil action against the individual; 32
5. Causing the individual's arrest; or 33
6. Garnishing the individual's wages. 34
(2) A facility may not engage in an extraordinary 35
collection action against an individual to obtain payment for 36
services: 37
(a) Before the facility has made reasonable efforts to 38
determine whether the individual is eligible for assistance 39
under its financial assistance policy for the care provided and, 40
if eligible, before a decision is made by the facility on the 41
patient's application for such financial assistance. 42
(b) Before the facility has provided the individual with 43
an itemized statement or bill. 44
(c) During an ongoing grievance process as described in s. 45
395.301(6) or an ongoing appeal of a claim adjudication. 46
(d) Before billing any applicable insurer and allowing the 47
insurer to adjudicate a claim. 48
(e) For 30 days after notifying the patient in writing, by 49
certified mail, or by other traceable delivery method, that a 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
collection action will commence absent additional action by the 51
patient. This paragraph does not apply to a sale of debt 52
governed by a contract executed by the facility, which provides 53
that the debt may not incur interest or fees and that no other 54
extraordinary collection actions are taken by the purchas er of 55
the debt which could otherwise be taken by the licensed 56
facility, as described in subsection (1), and that the debt will 57
be returned to the facility if the debt buyer determines the 58
individual is eligible for assistance under the facility's 59
financial assistance policy. 60
(f) While the individual: 61
1. Negotiates in good faith the final amount of a bill for 62
services rendered; or 63
2. Complies with all terms of a payment plan with the 64
facility. 65
Section 2. This act shall take effect July 1, 2025. 66