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ENROLLED 2025 Legislature CS for CS for SB 1808 20251808er 1 2 An act relating to refund of overpayments made by 3 patients; creating s. 408.12, F.S.; requiring health 4 care facility licensees to refund to the patient any 5 overpayment within a specified timeframe; defining the 6 term tenders charges for reimbursement; providing 7 applicability; specifying that health care facility 8 licensees who violate certain provisions are subject 9 to administrative fines; amending s. 408.813, F.S.; 10 revising administrative fines for health care 11 practitioners; amending s. 456.0625, F.S.; requiring 12 health care practitioners to refund to the patient any 13 overpayment within a specified timeframe; defining the 14 term tenders charges for reimbursement; providing 15 applicability; specifying that health care 16 practitioners who violate certain provisions are 17 subject to disciplinary actions; amending s. 456.072, 18 F.S.; revising the list of acts that constitute 19 grounds for disciplinary actions for health care 20 practitioners; providing an effective date. 21 22 Be It Enacted by the Legislature of the State of Florida: 23 24 Section 1.Section 408.12, Florida Statutes, is created to 25 read: 26 408.12Patient overpayments; refunds. 27 (1)A licensee who tenders charges for reimbursement shall 28 refund to the patient the amount of any overpayment made by the 29 patient to the licensee no later than 30 days after the date 30 that the licensee determines that such overpayment was made. For 31 purposes of this section, the term tenders charges for 32 reimbursement means the licensee files a claim for 33 reimbursement with any government-sponsored program or private 34 health insurer or health maintenance organization for services 35 rendered to the patient. 36 (2)This section does not apply to an overpayment subject 37 to s. 627.6131 or s. 641.3155. 38 (3)A licensee who violates this section is subject to an 39 administrative fine under s. 408.813. 40 Section 2.Paragraph (g) is added to subsection (3) of 41 section 408.813, Florida Statutes, to read: 42 408.813Administrative fines; violations.As a penalty for 43 any violation of this part, authorizing statutes, or applicable 44 rules, the agency may impose an administrative fine. 45 (3)The agency may impose an administrative fine for a 46 violation that is not designated as a class I, class II, class 47 III, or class IV violation. Unless otherwise specified by law, 48 the amount of the fine may not exceed $500 for each violation. 49 Unclassified violations include: 50 (g)Failing to refund a patient overpayment pursuant to s. 51 408.12. 52 Section 3.Section 456.0625, Florida Statutes, is created 53 to read: 54 456.0625Patient overpayments; refunds. 55 (1)A health care practitioner who tenders charges for 56 reimbursement, or any billing department, management company, or 57 group practice that accepts payment for services rendered by the 58 health care practitioner, shall refund to the patient the amount 59 of any overpayment made by the patient no later than 30 days 60 after the date the health care practitioner determines that an 61 overpayment was made. For purposes of this section, the term 62 tenders charges for reimbursement means that the health care 63 practitioner, department, company, or practice files a claim for 64 reimbursement with any government-sponsored program or private 65 health insurer or health maintenance organization for services 66 rendered by the health care practitioner to the patient. 67 (2)This section does not apply to an overpayment subject 68 to s. 627.6131 or s. 641.3155. 69 (3)A health care practitioners violation of this section 70 constitutes grounds for disciplinary action under s. 456.072. 71 Section 4.Paragraph (tt) is added to subsection (1) of 72 section 456.072, Florida Statutes, to read: 73 456.072Grounds for discipline; penalties; enforcement. 74 (1)The following acts shall constitute grounds for which 75 the disciplinary actions specified in subsection (2) may be 76 taken: 77 (tt)Failure to comply with s. 456.0625, relating to 78 refunding overpayments to patients. 79 Section 5.This act shall take effect January 1, 2026.
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