Florida 2025 Regular Session

Florida House Bill H0547 Compare Versions

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1010 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+A bill to be entitled 1
1515 An act relating to medical debt; amending s. 395.3011, 2
1616 F.S.; revising a definition; providing an exception to 3
1717 the prohibition of a facility engaging in 4
1818 extraordinary collection action to obtain payment for 5
1919 services for the sale of certain debt; providing an 6
2020 effective date. 7
2121 8
2222 Be It Enacted by the Legislature of the State of Florida: 9
2323 10
2424 Section 1. Section 395.3011, Florida Statutes, is amended 11
2525 to read: 12
2626 395.3011 Billing and collection activities. — 13
2727 (1) As used in this section, the term "extraordinary 14
2828 collection action" means any of the following actions taken by a 15
2929 licensed facility against an individual in relation to obtaining 16
3030 payment of a bill for c are covered under the facility's 17
3131 financial assistance policy : 18
3232 (a) Selling the individual's debt to another party. 19
3333 (b) Reporting adverse information about the individual to 20
3434 consumer credit reporting agencies or credit bureaus. 21
3535 (c) Deferring, denying, or requiring a payment before 22
3636 providing medically necessary care because of the individual's 23
3737 nonpayment of one or more bills for previously provided care 24
3838 covered under the facility's financial assistance policy. 25
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4747 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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5151 (d) Actions that require a legal or judici al process, 26
5252 including, but not limited to: 27
5353 1. Placing a lien on the individual's property; 28
5454 2. Foreclosing on the individual's real property; 29
5555 3. Attaching or seizing the individual's bank account or 30
5656 any other personal property; 31
5757 4. Commencing a civil action against the individual; 32
5858 5. Causing the individual's arrest; or 33
5959 6. Garnishing the individual's wages. 34
6060 (2) A facility may not engage in an extraordinary 35
6161 collection action against an individual to obtain payment for 36
6262 services: 37
6363 (a) Before the facility has made reasonable efforts to 38
6464 determine whether the individual is eligible for assistance 39
6565 under its financial assistance policy for the care provided and, 40
6666 if eligible, before a decision is made by the facility on the 41
6767 patient's application for suc h financial assistance. 42
6868 (b) Before the facility has provided the individual with 43
6969 an itemized statement or bill. 44
7070 (c) During an ongoing grievance process as described in s. 45
7171 395.301(6) or an ongoing appeal of a claim adjudication. 46
7272 (d) Before billing any applicable insurer and allowing the 47
7373 insurer to adjudicate a claim. 48
7474 (e) For 30 days after notifying the patient in writing, by 49
7575 certified mail, or by other traceable delivery method, that a 50
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8484 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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8888 collection action will commence absent additional action by the 51
8989 patient. This paragraph does not apply to a sale of debt 52
9090 governed by a contract executed by the facility, which provides 53
9191 that the debt may not incur interest or fees and that no other 54
9292 extraordinary collection actions are taken by the purchaser of 55
9393 the debt which could otherwise be taken by the licensed 56
9494 facility, as described in subsection (1), and that the debt will 57
9595 be returned to the facility if the debt buyer determines the 58
9696 individual is eligible for assistance under the facility's 59
9797 financial assistance poli cy. 60
9898 (f) While the individual: 61
9999 1. Negotiates in good faith the final amount of a bill for 62
100100 services rendered; or 63
101101 2. Complies with all terms of a payment plan with the 64
102102 facility. 65
103103 Section 2. This act shall take effect July 1, 2025. 66