STORAGE NAME: h1513c.HHS
DATE: 4/17/2025
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FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: CS/HB 1513
TITLE: Refund of Overpayments Made by Patients
SPONSOR(S): Greco
COMPANION BILL: CS/SB 1808 (Burton)
LINKED BILLS: None
RELATED BILLS: None
Committee References
Health Professions & Programs
15 Y, 0 N
Health & Human Services
23 Y, 0 N, As CS
SUMMARY
Effect of the Bill:
CS/HB 1513 requires health care practitioners, Agency for Health Care Administration-licensed facilities, and
health care practitioner ancillary entities to refund a patient for any overpayment made by the patient within 30
days of the practitioner determining that an overpayment was made. The bill expressly states that its provisions do
not apply to overpayments made to health care practitioners by commercial health insurers and health
maintenance organizations.
Fiscal or Economic Impact:
None.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
Patient Refund of Overpayment
Under current law, health care providers are not required to notify or return overpayments made by a patient, and
there is no timeline for returning overpayments to patients. As a result, patients maybe unaware of these
overpayments or of their right to a refund or credit, or may wait months to be repaid.
The bill requires health care practitioners licensed under the Practitioner Core Licensure Act (chapter 456, F. S)
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and providers
2 licensed by the Agency for Health Care Administration (AHCA), to refund a patient for any
overpayment made by the patient within 30 days of determining that an overpayment was made. The bill
authorizes AHCA to impose a fine up to $500 for violations by AHCA licensees. The bill does not contain an express
disciplinary provision for practitioners; however, current law makes any violation of the practitioner core
1 Under s. 456.001(4), F. S., the bill would apply to acupuncturists, physicians, physician assistants, chiropractors, podiatrists, naturopaths,
dentists, dental hygienists, optometrists, nurses, nursing assistants, pharmacists, midwives, speech language pathologists & audiologists,
nursing home administrators, occupational therapists, respiratory therapists, dieticians, athletic trainers, orthotists, prosthetists,
pedorthists, electrologists, massage therapists, clinical laboratory personnel, medical physicists, genetic counselor, dispensers of optical
devices or hearing aids, physical therapists, psychologists, social worker, clinical social workers, mental health counselors, and
psychotherapists, among others.
2 Under s. 408.802, F. S., the bill would apply to laboratories, birth centers, abortion clinics, crisis stabilization units, short-term residential
treatment facilities, residential treatment centers, residential treatment centers, hospitals, ambulatory surgical centers, nursing homes,
assisted living facilities, home health agencies, nurse registries, companion service or homemaker service providers, adult day care centers,
hospices, adult family-care homes, homes for special services, transitional living facilities, prescribed pediatric extended care centers, home
medical equipment providers, intermediate care facilities, health care services pools, health care clinics, organ, tissue, and eye procurement
organizations. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
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licensure act (chapter 456, F. S.), or a practitioner’s individual practice act, subject to disciplinary action.
3 (Section
2)
The repayment requirement in the bill also applies to health care practitioner ancillary entities, which under the
bill, includes billing departments, management companies and group practices. (Section 3)
The bill expressly states that its provisions do not apply to overpayments made to health care practitioners by
commercial health insurers and health maintenance organizations. (Section 1)
The bill provides an effective date of January 1, 2026. (Section 5).
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Patient Overpayment
A patient overpayment occurs when an individual patient pays more for a healthcare service than they are
obligated to pay, or when they pay for a service for which the provider later receives full or partial reimbursement
from a third-party payer, such as an insurer.
Self-pay Patients
Self-pay refers to a payment method where patients cover the costs of medical services out of pocket, without
relying on insurance or third-party payers.
4
The No Surprises Act was enacted to ensure healthcare providers adopt policies that provide the uninsured or self-
pay patients with good faith estimates of healthcare charges, either when care is scheduled or upon the patient’s
request. Additionally, the Act mandates that providers implement a patient-provider dispute resolution process,
enabling uninsured and self-pay individuals to challenge charges that significantly exceed the provided estimates.
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Patient Refund Laws – Other States
Two states, California and Texas, currently require practitioners to refund patients for overpayments.
California requires physicians, surgeons and dentists to refund patients for duplicate payments made by the
patient for services if such payments are also reimbursed by a third-party company. The refund must be issued
within 30 days of a patient’s request if the duplicate payment has been received, or within 30 days of receiving the
duplicate payment if it has not been received.
6 Physician, surgeons, and dentists are required to notify a patient of a
duplicate payment within 90 days, and the duplicate payment must be refunded within 30 days, unless the patient
requests a credit balance.
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3 Because the bill’s provisions are placed within chapter 456, F. S., its requirements are enforceable by the applicable board, or by the
Department of Health, if there is no board.
4 Mayo Clinic, Billing and Insurance, available at https://www.mayoclinic.org/billing-insurance/glossary (last visited, April 11, 2025).
5 CMS, The No Surprises Act’s Good Faith Estimates and Patient-Provider Dispute Resolution Requirements, available at
https://www.cms.gov/files/document/gfe-and-ppdr-requirements-slides.pdf (last visited, April 11, 2025).
6 California Public Law, CA Business and Professions Code Section 732, available at
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=BPC§ionNum=732 (last viewed March 21, 2025).
7 Id. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
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Texas requires physicians, hospitals and health care practitioners to issue refunds for any overpayments received
from patients. The practitioner or hospital must process the refund within 30 days of becoming aware that an
overpayment has occurred.
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Health Care Practitioner Regulation
Health care practitioners are regulated by the Department of Health (DOH) under ch. 456, F.S., and individual
practice acts for each profession. The boards act as the governing body of a specified profession; they establish
practice standards by rule, pursuant to statutory authority and directives, and determine disciplinary action
against practitioners who have violated the practice standards.
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Section 456.072, F.S., outlines acts which constitute grounds for disciplinary action against a Florida licensed
health care practitioner. While these predominately relate to specific acts the statute does provide that a
practitioner who violates any provision of chapter 456, the applicable practice act, or any rules adopted pursuant
thereto is subject to a disciplinary action.
Additionally, each health care practitioner’s respective practice act contains specific statutory provisions on
prohibited acts, disciplinary actions, grounds for discipline, and actions by the applicable board.
BILL HISTORY
COMMITTEE REFERENCE ACTION DATE
STAFF
DIRECTOR/
POLICY CHIEF
ANALYSIS
PREPARED BY
Health Professions & Programs
Subcommittee
15 Y, 0 N 4/3/2025 McElroy Aderibigbe
Health & Human Services
Committee
23 Y, 0 N, As CS 4/15/2025 Calamas Aderibigbe
THE CHANGES ADOPTED BY THE
COMMITTEE:
Expands the entities required to refund patients for overpayments
within 30 days to include AHCA-licensed facilities, and practitioner
billing departments, management companies, and group practices.
Authorizes AHCA to impose a fine up to $500 for violations by
AHCA licensees.
Changed the effective date to January 1, 2026.
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THIS BILL ANALYSIS HAS BEEN UPDATED TO INCORPORATE ALL OF THE CHANGES DESCRIBED ABOVE.
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8 Texas Public Law, Refund of Overpayment, available at https://texas.public.law/statutes/tex._ins._code_section_1661.005 (last viewed
March 21, 2025).
9 S. 456.072(1)(dd), F.S.