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1
2 An act relating to transparency in health and human
3 services; amending s. 95.11, F.S.; establishing a 3 -
4 year statute of limitations for an action to collect
5 medical debt for services rendered by a health care
6 provider or facility; creating s. 222.26, F.S.;
7 providing additional personal property exemptions from
8 legal process for medical debts resulting from
9 services provided in certain licensed facilities;
10 amending s. 395.301, F.S.; requiring a licensed
11 facility to post on its website a consumer-friendly
12 list of standard charges for a minimum number of
13 shoppable health care services or a price estimator
14 tool meeting certain requirements; providing
15 definitions; requiring a licensed facility to provide
16 an estimate to a patient or prospective patient and
17 the patient's health insurer within specified
18 timeframes; requiring a licensed facility to establish
19 an internal grievance process for patients to dispute
20 charges; requiring a facility to make available
21 information necessary for initiating a grievance;
22 requiring a facility to respond to a patient grievance
23 within a specified timeframe; requiring a licensed
24 facility to disclose specified information relating to
25 cost-sharing obligations to certain persons; providing
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26 a penalty; creating s. 395.3011, F.S.; defining the
27 term "extraordinary collection action"; prohibiting
28 certain collection activities by a licensed facility;
29 amending s. 624.27, F.S.; revising the definition of
30 the term "health care provider"; creating s. 627.446,
31 F.S.; defining the term "health insurer"; requiring
32 each health insurer to provide insureds with an
33 advanced explanation of benefits within specified
34 timeframes; providing requirements for the advanced
35 explanation of benefits; amending ss. 627.6387 and
36 627.6648, F.S.; revising the definition of the term
37 "health insurer"; providing that a shared savings
38 incentive offered by a health insurer constitutes a
39 medical expense for rate development and rate filing
40 purposes for individual and group health insurance
41 policies, respectively; amending s. 641.31076, F.S.;
42 revising the definition of the term "health
43 maintenance organization"; providing that a shared
44 savings incentive offered by a health maintenance
45 organization constitutes a medical expense for rate
46 development and rate filing purposes for individual or
47 group health maintenance contracts; amending ss.
48 475.01, 475.611, 517.191, 768.28, and 787.061, F.S.;
49 conforming provisions to changes made by the act;
50 providing applicability; requiring the Agency for
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51 Health Care Administration and the Office of Insurance
52 Regulation to notify the Division of Law Revision upon
53 the promulgation of certain federal rules; amending s.
54 409.016, F.S.; defining the term "management
55 functions"; amending s. 409.987, F.S.; revising
56 requirements for contracts the Department of Children
57 and Families has with community-based care lead
58 agencies; providing duties for board members of lead
59 agencies; requiring lead agencies to ensure that board
60 members participate in certain annual training;
61 requiring the posting of a fidelity bond; revising the
62 definition of the term "conflict of interest";
63 defining the term "related party"; requiring the lead
64 agency's board of directors to disclose to the
65 department any known actual or potential conflicts of
66 interest; prohibiting a lead agency from entering into
67 a contract or being a party to any transaction with
68 related parties if a conflict of interest is not
69 properly disclosed; prohibiting a lead agency from
70 entering into a contract or being a party to any
71 transaction with related parties for officer-level or
72 director-level staffing to perform management
73 functions; requiring that the contract with the
74 department and the lead agency specify the
75 administrative functions that the lead agency may
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76 subcontract; authorizing a lead agency to enter into
77 certain contracts or be a party to certain
78 transactions, provided that a certain requirement for
79 fees, rates, and prices paid is met and any conflict
80 of interest is properly disclosed; requiring that
81 department contracts impose contractual penalties on
82 lead agencies for undisclosed conflicts of interest;
83 providing applicability; requiring that certain
84 contracts be reprocured; authorizing the department to
85 recoup lead agency expenses for the execution of
86 certain contracts; amending s. 409.988, F.S.; revising
87 lead agency duties; specifying requirements for and
88 limitations on an exemption for lead agencies from
89 certain contract requirements; providing for renewal
90 of the exemption; authorizing the department to deny
91 an exemption renewal request under certain
92 circumstances; requiring such lead agencies to undergo
93 an operational audit by the Auditor General;
94 specifying requirements for the audit; requiring the
95 Auditor General to conduct such audits upon
96 notification by the department; repealing s. 409.991,
97 F.S., relating to allocation of funds for community -
98 based care lead agencies; creating s. 409.9913, F.S.;
99 defining the terms "core services funding" and
100 "operational and fixed costs"; requiring the
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101 department, in collaboration with the lead agencies
102 and providers of child welfare services, to develop a
103 specific funding methodology for the allocation of
104 core services which must meet certain criteria;
105 requiring the lead agencies and providers of child
106 welfare services to submit to the department certain
107 financial information; requiring the department to
108 submit to the Governor and the Legislature certain
109 reports by specified dates; providing construction;
110 authorizing the department to include certain rates
111 and total allocations in certain reports; requiring
112 the Legislature to allocate funding to the lead
113 agencies with due consideration of the specified
114 funding methodology, beginning with a specified fiscal
115 year; prohibiting the department from changing a lead
116 agency's allocation of funds provided in the General
117 Appropriations Act without legislative approval;
118 authorizing the department to approve certain risk
119 pool funding for a lead agency; requiring the
120 department to submit to the Governor and the
121 Legislature certain monthly reports for a specified
122 period of time; amending s. 409.992, F.S.; revising
123 requirements for lead agency practices in the
124 procurement of commodities and contractual services;
125 requiring the department to impose certain penalties
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126 for a lead agency's noncompliance with applicable
127 procurement law; requiring that the contract between
128 the department and the lead agency specify the rights
129 and obligations with regard to real property held by
130 the lead agency during the term of the contract;
131 providing applicability of certain limitations on the
132 salaries of community-based care lead agency
133 administrative employees; amending s. 409.994, F.S.;
134 revising the conditions under which the department may
135 petition a court for the appointment of a receiver for
136 a community-based care lead agency; amending s.
137 409.996, F.S.; revising requirements for contracts
138 between the department and lead agencies; revising the
139 actions the department may take under certain
140 circumstances; making a technical change; providing
141 duties of the department; requiring the department, by
142 specified dates, to submit certain reports to the
143 Governor and the Legislature; establishing the Future
144 of Child Protection Contracting and Funding Workgroup
145 within the department; requiring the department to
146 convene the workgroup and submit a report to the
147 Governor and the Legislature by a specified date;
148 providing for membership of the workgroup; specifying
149 requirements for the report; terminating the workgroup
150 upon the submission of the report; providing an
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151 effective date.
152
153 Be It Enacted by the Legislature of the State of Florida:
154
155 Section 1. Present subsections (4) through (12) of section
156 95.11, Florida Statutes, are redesignated as subsections (5)
157 through (13), respectively, a new subsection (4) is added to
158 that section, and paragraph (b) of subsection (2), paragraph (n)
159 of subsection (3), paragraphs (f) and (g) of present subsection
160 (5), and present subsection (10) are amended, to read:
161 95.11 Limitations other than for the recovery of real
162 property.—Actions other than for recovery of real property shall
163 be commenced as follows:
164 (2) WITHIN FIVE YEARS.—
165 (b) A legal or equitable action on a contract, obligation,
166 or liability founded on a written instrument, excep t for an
167 action to enforce a claim against a payment bond, which shall be
168 governed by the applicable provisions of paragraph (6)(e)
169 paragraph (5)(e), s. 255.05(10), s. 337.18(1), or s.
170 713.23(1)(e), and except for an action for a deficiency judgment
171 governed by paragraph (6)(h) paragraph (5)(h).
172 (3) WITHIN FOUR YEARS.—
173 (n) An action for assault, battery, false arrest,
174 malicious prosecution, malicious interference, false
175 imprisonment, or any other intentional tort, except as provided
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176 in subsections (5), (6), and (8) subsections (4), (5), and (7).
177 (4) WITHIN THREE YEARS.—An action to collect medical debt
178 for services rendered by a facility licensed under chapter 395,
179 provided that the period of limitations shall run from the date
180 on which the facility refers the medical debt to a third party
181 for collection.
182 (6)(5) WITHIN ONE YEAR.—
183 (f) Except for actions described in subsection (9) (8), a
184 petition for extraordinary writ, other than a petition
185 challenging a criminal conviction, filed by or on behalf of a
186 prisoner as defined in s. 57.085.
187 (g) Except for actions described in subsection (9) (8), an
188 action brought by or on behalf of a prisoner, as defined in s.
189 57.085, relating to the conditions of the prisoner's
190 confinement.
191 (11)(10) FOR INTENTIONAL TORTS RESULTING IN DEATH FROM
192 ACTS DESCRIBED IN S. 782.04 OR S. 782.07.—Notwithstanding
193 paragraph (5)(e) paragraph (4)(e), an action for wrongful death
194 seeking damages authorized under s. 768.21 brought against a
195 natural person for an intentional tort resulting in death from
196 acts described in s. 782.04 or s. 782.07 may be commenced at any
197 time. This subsection shall not be construed to require an
198 arrest, the filing of formal criminal charges, or a conviction
199 for a violation of s. 782.04 or s. 782.07 as a cond ition for
200 filing a civil action.
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201 Section 2. Section 222.26, Florida Statutes, is created to
202 read:
203 222.26 Additional exemptions from legal process concerning
204 medical debt.—If a debt is owed for medical services provided by
205 a facility licensed under chapter 395, the following property is
206 exempt from attachment, garnishment, or other legal process in
207 an action on such debt:
208 (1) A debtor's interest, not to exceed $10,000 in value,
209 in a single motor vehicle as defined in s. 320.01(1).
210 (2) A debtor's interest in personal property, not to
211 exceed $10,000 in value, if the debtor