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
HB 1283 2024
1 A bill to be entitled
2 An act relating to the health care; providing a short
3 title; repealing ss. 286.31, 286.311, and 381.00321,
4 F.S., relating to the prohibited use of state funds
5 for travel to another state for purpose of abortion
6 services, the prohibited use of state funds for sex-
7 reassignment prescriptions or procedures, and the
8 right of medical conscience of health care providers
9 and health care payors, respectively; creating s.
10 381.027, F.S.; providing a short title; defining
11 terms; requiring a covered entity to adopt a policy
12 relating to providing notice of its refused services
13 by a specified date; providing requirements for such
14 notice; requiring a covered entity to submit a
15 complete list of refused services to the Department of
16 Health by a specified date; requiring a covered entity
17 to notify the department within a specified period
18 after a change is made to such list; requiring a
19 covered entity to submit the list, along with its
20 application, if applying for certain state grants or
21 contracts; providing a civil penalty; requiring the
22 department to adopt rules; requiring the department to
23 publish and maintain on its website a current list of
24 covered entities and their refused services; requiring
25 the department to develop and administer a certain
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26 public education and awareness program; providing
27 construction; providing for severability; amending s.
28 381.96, F.S.; revising the definition of the term
29 "eligible client" and defining the term "pregnancy
30 support services," rather than "pregnancy and
31 parenting support services"; revising department
32 duties and contract requirements to conform to changes
33 made by the act; repealing ss. 4, 6, and 7 of chapter
34 2023-21, Laws of Florida, relating to termination of
35 pregnancies, powers of the Agency for Health Care
36 Administration, and the use of telehealth to provide
37 services, respectively; amending s. 390.011, F.S.;
38 deleting the definition of the term "fatal fetal
39 abnormality"; amending s. 390.0111, F.S.; revising the
40 timeframe in which a physician may perform a
41 termination of pregnancy; revising exceptions;
42 repealing s. 395.3027, F.S., relating to patient
43 immigration status data collection in hospitals;
44 amending s. 409.905, F.S.; defining the terms "gender
45 identity" and "transgender individual"; requiring the
46 agency to provide Medicaid reimbursement for medically
47 necessary treatment for or related to gender dysphoria
48 or comparable or equivalent diagnoses; prohibiting the
49 agency from discriminating in its reimbursement on the
50 basis of a recipient's gender identity or that the
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51 recipient is a transgender individual; amending s.
52 456.001, F.S.; deleting the definition of the terms
53 "sex" and "sex-reassignment prescriptions or
54 procedures"; repealing ss. 456.52 and 766.318, F.S.,
55 relating to sex-reassignment prescriptions and
56 procedures and civil liability for provision of sex-
57 reassignment prescriptions or procedures to minors,
58 respectively; amending ss. 61.517, 61.534, 409.908,
59 409.913, 456.074, and 636.0145, F.S.; conforming
60 provisions and cross-references to changes made by the
61 act; providing an effective date.
62
63 Be It Enacted by the Legislature of the State of Florida:
64
65 Section 1. This act may be cited as the "Health Care
66 Freedom Act."
67 Section 2. Section 286.31, Florida Statutes, is repealed.
68 Section 3. Section 286.311, Florida Statutes, is repealed.
69 Section 4. Section 381.00321, Florida Statutes, is
70 repealed.
71 Section 5. Section 381.027, Florida Statutes, is created
72 to read:
73 381.027 Requirements for covered entities; notice of
74 refused services; department duties.—
75 (1) SHORT TITLE.—This section may be cited as the "Health
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76 Care Transparency and Accessibility Act."
77 (2) DEFINITIONS.—As used in this section, the term:
78 (a) "Covered entity" means any health care facility that
79 uses, plans to use, or relies upon a denial of care prov ision to
80 refuse to provide a health care service, or referral for a
81 health care service, for any reason. The term does not include a
82 health care practitioner.
83 (b) "Denial of care provision" means any federal or state
84 law that purports or is asserted to allow a health care facility
85 to opt out of providing a health care service, or referral for a
86 health care service, including, but not limited to, ss.
87 381.0051(5), 390.0111(8), 483.918, and 765.1105; 42 U.S.C. ss.
88 18023(b)(4) and 18113; 42 U.S.C. s. 300a-7; 42 U.S.C. s. 238n;
89 42 U.S.C. s. 2000bb et seq.; s. 507(d) of the Departments of
90 Labor, Health and Human Services, and Education, and Related
91 Agencies Appropriations Act of 2019, Division B of Pub. L. No.
92 115-245; and 45 C.F.R. part 88.
93 (c) "Department" means the Department of Health.
94 (d) "Health care facility" has the same meaning as in s.
95 381.026(2).
96 (e) "Health care practitioner" has the same meaning as in
97 s. 456.001.
98 (f) "Health care services" has the same meaning as in s.
99 624.27(1).
100 (g) "Referral" has the same meaning as in s. 456.053(3).
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101 (h) "Refused service" means a health care service that a
102 covered entity chooses not to provide, or not to provide a
103 referral for, based on one or more denials of care provisions.
104 The term includes health care services that the covered entity
105 selectively provides to some, but not all, patients based on
106 their identity, objections to a health care service, or other
107 nonmedical reasons.
108 (3) REQUIREMENTS FOR COVERED ENTITIES; PENALTY.—
109 (a) By October 1, 2024, each covered entity shall adopt a
110 policy for providing patients with a complete list of its
111 refused services. A covered entity shall:
112 1. Provide written notice to the patient or the patient's
113 representative which includes the complete list of its refused
114 services before any health care service is initiated.
115 a. In the case of an emergency, the covered entity must
116 promptly provide written notice after the patient is capable of
117 receiving such notice or when the patient's representative is
118 available.
119 b. The patient or patient's representative shall
120 acknowledge receipt of the written notice of refused services.
121 2. Retain all acknowledgements of receipt of the written
122 notice of refused services for a period of at least 3 years.
123 3. Provide a complete list of its refused services to any
124 person upon request.
125 (b) By October 1, 2024, a covered entity shall submit to
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126 the department a complete list of its refused services. If any
127 change is made to the list, the covered entity must notify the
128 department within 30 days after making the change.
129 (c) If applying for any state grant or contract related to
130 providing a health care service, a covered entity must submit,
131 along with its application, a complete list of its refused
132 services.
133 (d) A covered entity that fails to comply with this
134 subsection is subject to a fine not exceeding $5,000 for each
135 day the covered entity is not in compliance.
136 (4) DEPARTMENT DUTIES.—
137 (a) The department shall adopt rules to implement this
138 section, which must include a process for receiving and
139 investigating complaints regarding covered entities that fail to
140 comply with this section.
141 (b) By January 1, 2025, the department shall publish and
142 maintain on its website a current list of covered entities and
143 the refused services for each covered entity.
144 (c) The department shall develop and administer a public
145 education and awareness program regarding the denial of health
146 care services, including how the denial of health care services
147 can negatively impact health care access and quality, how the
148 denial of health care services may be avoided, and how the
149 denial of health care services affects vulnerable people and
150 communities.
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151 (5) CONSTRUCTION.—
152 (a) This section does not authorize denials of health care
153 services or discrimination in the provision of health care
154 services.
155 (b) This section does not limit any cause of action under
156 state or federal law, or limit any remedy in law or equity,
157 against a health care facility or health care practitioner.
158 (c) Compliance with this section does not reduce or limit
159 any potential liability for covered entities associated with the
160 refused services or any violations of state or federal law.
161 (d) Section 761.03 does not provide a claim relating to,
162 or a defense to a claim under, this section, or provide a basis
163 for challenging the application or enforcement of this section
164 or the use of funds associated with the application or
165 enforcement of this section.
166 (6) SEVERABILITY.—If any provision of this section or its
167 application to any person or circumstance is held invalid, the
168 invalidity does not affect other provisions or applications of
169 this section which can be given effect without the invalid
170 provision or application, and to this end the provisions of this
171 section are severable.
172 Section 6. Section 381.96, Florida Statutes, is amended to
173 read:
174 381.96 Pregnancy support and wellness services.—
175 (1) DEFINITIONS.—As used in this section, the term:
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176 (a) "Department" means the Department of Health.
177 (b) "Eligible client" means any of the following:
178 1. a pregnant woman or a woman who suspects she is
179 pregnant, and the family of such woman, who voluntarily seeks
180 pregnancy support services and any woman who voluntarily seeks
181 wellness services.
182 2. A woman who has given birth in the previous 12 months
183 and her family.
184 3. A parent or parents or a legal guardian or legal
185 guardians, and the families of such parents and legal guardians,
186 for up to 12 months after the birth of a child or the adoption
187 of a child younger than 3 years of age.
188 (c) "Florida Pregnancy Care Network, Inc.," or "network"
189 means the not-for-profit statewide alliance of pregnancy support
190 organizations that provide pregnancy support and wellness
191 services through a comprehensive system of care to women and
192 their families.
193 (d) "Pregnancy and parenting support services" means
194 services that promote and encourage childbirth, including, but
195 not limited to:
196 1. Direct client services, such as pregnancy testing,
197 counseling, referral, training, and education for pregnant women
198 and their families. A woman and her family continue to be
199 eligible to receive direct client services for up to 12 months
200 after the birth of the child.
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201 2. Nonmedical material assistance that improves the
202 pregnancy or parenting situation of families, including, but not
203 limited to, clothing, car seats, cribs, formula, and diapers.
204 3. Counseling or mentoring, education materials, and
205 classes regarding pregnancy, parenting, adoption, life skills,
206 and employment readiness.
207 4. Network awareness activities, including a promotional
208 campaign to educate the public about the pregnancy support
209 services offered by the network and a website that provides
210 information on the location of providers in the user's area and
211 other available community resources.
212 3.5. Communication activities, including the operation and
213 maintenance of a hotline or call center with a single statewide
214 toll-free number that is available 24 hours a day for an
215 eligible client to obtain the l