15 | 15 | | An act relating to medical debt; amending s. 395.3011, 2 |
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16 | 16 | | F.S.; revising a definition; providing an exception to 3 |
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17 | 17 | | the prohibition of a facility engaging in 4 |
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18 | 18 | | extraordinary collection action to obtain payment for 5 |
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19 | 19 | | services for the sale of certain debt; providing an 6 |
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20 | 20 | | effective date. 7 |
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21 | 21 | | 8 |
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22 | 22 | | Be It Enacted by the Legislature of the State of Florida: 9 |
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23 | 23 | | 10 |
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24 | 24 | | Section 1. Section 395.3011, Florida Statutes, is amended 11 |
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25 | 25 | | to read: 12 |
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26 | 26 | | 395.3011 Billing and collection activities. — 13 |
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27 | 27 | | (1) As used in this section, the term "extraordinary 14 |
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28 | 28 | | collection action" means any of the following actions taken by a 15 |
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29 | 29 | | licensed facility against an individual in relation to obtaining 16 |
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30 | 30 | | payment of a bill for c are covered under the facility's 17 |
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31 | 31 | | financial assistance policy : 18 |
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32 | 32 | | (a) Selling the individual's debt to another party. 19 |
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33 | 33 | | (b) Reporting adverse information about the individual to 20 |
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34 | 34 | | consumer credit reporting agencies or credit bureaus. 21 |
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35 | 35 | | (c) Deferring, denying, or requiring a payment before 22 |
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36 | 36 | | providing medically necessary care because of the individual's 23 |
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37 | 37 | | nonpayment of one or more bills for previously provided care 24 |
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38 | 38 | | covered under the facility's financial assistance policy. 25 |
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46 | 46 | | Page 2 of 3 |
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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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48 | 48 | | |
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49 | 49 | | |
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50 | 50 | | |
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51 | 51 | | (d) Actions that require a legal or judici al process, 26 |
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52 | 52 | | including, but not limited to: 27 |
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53 | 53 | | 1. Placing a lien on the individual's property; 28 |
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54 | 54 | | 2. Foreclosing on the individual's real property; 29 |
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55 | 55 | | 3. Attaching or seizing the individual's bank account or 30 |
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56 | 56 | | any other personal property; 31 |
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57 | 57 | | 4. Commencing a civil action against the individual; 32 |
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58 | 58 | | 5. Causing the individual's arrest; or 33 |
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59 | 59 | | 6. Garnishing the individual's wages. 34 |
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60 | 60 | | (2) A facility may not engage in an extraordinary 35 |
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61 | 61 | | collection action against an individual to obtain payment for 36 |
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62 | 62 | | services: 37 |
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63 | 63 | | (a) Before the facility has made reasonable efforts to 38 |
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64 | 64 | | determine whether the individual is eligible for assistance 39 |
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65 | 65 | | under its financial assistance policy for the care provided and, 40 |
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66 | 66 | | if eligible, before a decision is made by the facility on the 41 |
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67 | 67 | | patient's application for suc h financial assistance. 42 |
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68 | 68 | | (b) Before the facility has provided the individual with 43 |
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69 | 69 | | an itemized statement or bill. 44 |
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70 | 70 | | (c) During an ongoing grievance process as described in s. 45 |
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71 | 71 | | 395.301(6) or an ongoing appeal of a claim adjudication. 46 |
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72 | 72 | | (d) Before billing any applicable insurer and allowing the 47 |
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73 | 73 | | insurer to adjudicate a claim. 48 |
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74 | 74 | | (e) For 30 days after notifying the patient in writing, by 49 |
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75 | 75 | | certified mail, or by other traceable delivery method, that a 50 |
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83 | 83 | | Page 3 of 3 |
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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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86 | 86 | | |
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87 | 87 | | |
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88 | 88 | | collection action will commence absent additional action by the 51 |
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89 | 89 | | patient. This paragraph does not apply to a sale of debt 52 |
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90 | 90 | | governed by a contract executed by the facility, which provides 53 |
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91 | 91 | | that the debt may not incur interest or fees and that no other 54 |
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92 | 92 | | extraordinary collection actions are taken by the purchaser of 55 |
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93 | 93 | | the debt which could otherwise be taken by the licensed 56 |
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94 | 94 | | facility, as described in subsection (1), and that the debt will 57 |
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95 | 95 | | be returned to the facility if the debt buyer determines the 58 |
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96 | 96 | | individual is eligible for assistance under the facility's 59 |
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97 | 97 | | financial assistance poli cy. 60 |
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98 | 98 | | (f) While the individual: 61 |
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99 | 99 | | 1. Negotiates in good faith the final amount of a bill for 62 |
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100 | 100 | | services rendered; or 63 |
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101 | 101 | | 2. Complies with all terms of a payment plan with the 64 |
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102 | 102 | | facility. 65 |
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103 | 103 | | Section 2. This act shall take effect July 1, 2025. 66 |
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