Florida Statutes 395.3011 – Billing and collection activities
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(1) As used in this section, the term “extraordinary collection action” means any of the following actions taken by a licensed facility against an individual in relation to obtaining payment of a bill for care covered under the facility’s financial assistance policy:
(a) Selling the individual’s debt to another party.
Terms Used In Florida Statutes 395.3011
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Arrest: Taking physical custody of a person by lawful authority.
- Licensed facility: means a hospital or ambulatory surgical center licensed in accordance with this chapter. See Florida Statutes 395.002
- Lien: A claim against real or personal property in satisfaction of a debt.
- Personal property: All property that is not real property.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- writing: includes handwriting, printing, typewriting, and all other methods and means of forming letters and characters upon paper, stone, wood, or other materials. See Florida Statutes 1.01
(b) Reporting adverse information about the individual to consumer credit reporting agencies or credit bureaus.
(c) Deferring, denying, or requiring a payment before providing medically necessary care because of the individual’s nonpayment of one or more bills for previously provided care covered under the facility’s financial assistance policy.
(d) Actions that require a legal or judicial process, including, but not limited to:
1. Placing a lien on the individual’s property;
2. Foreclosing on the individual’s real property;
3. Attaching or seizing the individual’s bank account or any other personal property;
4. Commencing a civil action against the individual;
5. Causing the individual’s arrest; or
6. Garnishing the individual’s wages.
(2) A facility may not engage in an extraordinary collection action against an individual to obtain payment for services:
(a) Before the facility has made reasonable efforts to determine whether the individual is eligible for assistance under its financial assistance policy for the care provided and, if eligible, before a decision is made by the facility on the patient’s application for such financial assistance.
(b) Before the facility has provided the individual with an itemized statement or bill.
(c) During an ongoing grievance process as described in s. 395.301(6) or an ongoing appeal of a claim adjudication.
(d) Before billing any applicable insurer and allowing the insurer to adjudicate a claim.
(e) For 30 days after notifying the patient in writing, by certified mail, or by other traceable delivery method, that a collection action will commence absent additional action by the patient.
(f) While the individual:
1. Negotiates in good faith the final amount of a bill for services rendered; or
2. Complies with all terms of a payment plan with the facility.