Florida/Georgia Personal Injury & Workers Compensation

You're probably overthinking it. Call a lawyer.

Call Now: 904-383-7448
Florida Statute 381.026 - Full Text and Legal Analysis
Florida Statute 381.026 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 381.026 Case Law from Google Scholar Google Search for Amendments to 381.026

The 2025 Florida Statutes

Title XXIX
PUBLIC HEALTH
Chapter 381
PUBLIC HEALTH: GENERAL PROVISIONS
View Entire Chapter
381.026 Florida Patient’s Bill of Rights and Responsibilities.
(1) SHORT TITLE.This section may be cited as the “Florida Patient’s Bill of Rights and Responsibilities.”
(2) DEFINITIONS.As used in this section and s. 381.0261, the term:
(a) “Department” means the Department of Health.
(b) “Health care facility” means a facility licensed under chapter 395.
(c) “Health care provider” means a physician licensed under chapter 458, an osteopathic physician licensed under chapter 459, a podiatric physician licensed under chapter 461, or an advanced practice registered nurse registered under s. 464.0123.
(d) “Primary care provider” means a health care provider licensed under chapter 458, chapter 459, or chapter 464 who provides medical services to patients which are commonly provided without referral from another health care provider, including family and general practice, general pediatrics, and general internal medicine.
(e) “Responsible provider” means a health care provider who is primarily responsible for patient care in a health care facility or provider’s office.
(3) PURPOSE.It is the purpose of this section to promote the interests and well-being of the patients of health care providers and health care facilities and to promote better communication between the patient and the health care provider. It is the intent of the Legislature that health care providers understand their responsibility to give their patients a general understanding of the procedures to be performed on them and to provide information pertaining to their health care so that they may make decisions in an informed manner after considering the information relating to their condition, the available treatment alternatives, and substantial risks and hazards inherent in the treatments. It is the intent of the Legislature that patients have a general understanding of their responsibilities toward health care providers and health care facilities. It is the intent of the Legislature that the provision of such information to a patient eliminate potential misunderstandings between patients and health care providers. It is a public policy of the state that the interests of patients be recognized in a patient’s bill of rights and responsibilities and that a health care facility or health care provider may not require a patient to waive his or her rights as a condition of treatment. This section shall not be used for any purpose in any civil or administrative action and neither expands nor limits any rights or remedies provided under any other law.
(4) RIGHTS OF PATIENTS.Each health care facility or provider shall observe the following standards:
(a) Individual dignity.
1. The individual dignity of a patient must be respected at all times and upon all occasions.
2. Every patient who is provided health care services retains certain rights to privacy, which must be respected without regard to the patient’s economic status or source of payment for his or her care. The patient’s rights to privacy must be respected to the extent consistent with providing adequate medical care to the patient and with the efficient administration of the health care facility or provider’s office. However, this subparagraph does not preclude necessary and discreet discussion of a patient’s case or examination by appropriate medical personnel.
3. A patient has the right to a prompt and reasonable response to a question or request. A health care facility shall respond in a reasonable manner to the request of a patient’s health care provider for medical services to the patient. The health care facility shall also respond in a reasonable manner to the patient’s request for other services customarily rendered by the health care facility to the extent such services do not require the approval of the patient’s health care provider or are not inconsistent with the patient’s treatment.
4. A patient in a health care facility has the right to retain and use personal clothing or possessions as space permits, unless for him or her to do so would infringe upon the right of another patient or is medically or programmatically contraindicated for documented medical, safety, or programmatic reasons.
5. A patient receiving care in a health care facility or in a provider’s office has the right to bring any person of his or her choosing to the patient-accessible areas of the health care facility or provider’s office to accompany the patient while the patient is receiving inpatient or outpatient treatment or is consulting with his or her health care provider, unless doing so would risk the safety or health of the patient, other patients, or staff of the facility or office or cannot be reasonably accommodated by the facility or provider.
(b) Information.
1. A patient has the right to know the name, function, and qualifications of each health care provider who is providing medical services to the patient. A patient may request such information from his or her responsible provider or the health care facility in which he or she is receiving medical services.
2. A patient in a health care facility has the right to know what patient support services are available in the facility.
3. A patient has the right to be given by his or her health care provider information concerning diagnosis, planned course of treatment, alternatives, risks, and prognosis, unless it is medically inadvisable or impossible to give this information to the patient, in which case the information must be given to the patient’s guardian or a person designated as the patient’s representative. A patient has the right to refuse this information.
4. A patient has the right to refuse any treatment based on information required by this paragraph, except as otherwise provided by law. The responsible provider shall document any such refusal.
5. A patient in a health care facility has the right to know what facility rules and regulations apply to patient conduct.
6. A patient has the right to express grievances to a health care provider, a health care facility, or the appropriate state licensing agency regarding alleged violations of patients’ rights. A patient has the right to know the health care provider’s or health care facility’s procedures for expressing a grievance.
7. A patient in a health care facility who does not speak English has the right to be provided an interpreter when receiving medical services if the facility has a person readily available who can interpret on behalf of the patient.
8. A health care provider or health care facility shall respect a patient’s right to privacy and should refrain from making a written inquiry or asking questions concerning the ownership of a firearm or ammunition by the patient or by a family member of the patient, or the presence of a firearm in a private home or other domicile of the patient or a family member of the patient. Notwithstanding this provision, a health care provider or health care facility that in good faith believes that this information is relevant to the patient’s medical care or safety, or safety of others, may make such a verbal or written inquiry.
9. A patient may decline to answer or provide any information regarding ownership of a firearm by the patient or a family member of the patient, or the presence of a firearm in the domicile of the patient or a family member of the patient. A patient’s decision not to answer a question relating to the presence or ownership of a firearm does not alter existing law regarding a physician’s authorization to choose his or her patients.
10. A health care provider or health care facility may not discriminate against a patient based solely upon the patient’s exercise of the constitutional right to own and possess firearms or ammunition.
11. A health care provider or health care facility shall respect a patient’s legal right to own or possess a firearm and should refrain from unnecessarily harassing a patient about firearm ownership during an examination.
(c) Financial information and disclosure.
1. A patient has the right to be given, upon request, by the responsible provider, his or her designee, or a representative of the health care facility full information and necessary counseling on the availability of known financial resources for the patient’s health care.
2. A health care provider or a health care facility shall, upon request, disclose to each patient who is eligible for Medicare, before treatment, whether the health care provider or the health care facility in which the patient is receiving medical services accepts assignment under Medicare reimbursement as payment in full for medical services and treatment rendered in the health care provider’s office or health care facility.
3. A primary care provider may publish a schedule of charges for the medical services that the provider offers to patients. The schedule must include the prices charged to an uninsured person paying for such services by cash, check, credit card, or debit card. The schedule must be posted in a conspicuous place in the reception area of the provider’s office and must include, but is not limited to, the 50 services most frequently provided by the primary care provider. The schedule may group services by three price levels, listing services in each price level. The posting must be at least 15 square feet in size. A primary care provider who publishes and maintains a schedule of charges for medical services is exempt from the license fee requirements for a single period of renewal of a professional license under chapter 456 for that licensure term and is exempt from the continuing education requirements of chapter 456 and the rules implementing those requirements for a single 2-year period.
4. If a primary care provider publishes a schedule of charges pursuant to subparagraph 3., he or she must continually post it at all times for the duration of active licensure in this state when primary care services are provided to patients. If a primary care provider fails to post the schedule of charges in accordance with this subparagraph, the provider shall be required to pay any license fee and comply with any continuing education requirements for which an exemption was received.
5. A health care provider or a health care facility shall, upon request, furnish a person, before the provision of medical services, a reasonable estimate of charges for such services. The health care provider or the health care facility shall provide an uninsured person, before the provision of a planned nonemergency medical service, a reasonable estimate of charges for such service and information regarding the provider’s or facility’s discount or charity policies for which the uninsured person may be eligible. Such estimates by a primary care provider must be consistent with the schedule posted under subparagraph 3. Estimates shall, to the extent possible, be written in language comprehensible to an ordinary layperson. Such reasonable estimate does not preclude the health care provider or health care facility from exceeding the estimate or making additional charges based on changes in the patient’s condition or treatment needs.
6. Each licensed facility, except a facility operating exclusively as a state facility, shall make available to the public on its website or by other electronic means a description of and a hyperlink to the health information that is disseminated by the agency pursuant to s. 408.05(3). The facility shall place a notice in the reception area that such information is available electronically and the website address. The licensed facility may indicate that the pricing information is based on a compilation of charges for the average patient and that each patient’s statement or bill may vary from the average depending upon the severity of illness and individual resources consumed. The licensed facility may also indicate that the price of service is negotiable for eligible patients based upon the patient’s ability to pay.
7. A patient has the right to receive a copy of an itemized statement or bill upon request. A patient has a right to be given an explanation of charges upon request.
(d) Access to health care.
1. A patient has the right to impartial access to medical treatment or accommodations, regardless of race, national origin, religion, handicap, or source of payment.
2. A patient has the right to treatment for any emergency medical condition that will deteriorate from failure to provide such treatment.
3. A patient has the right to access any mode of treatment that is, in his or her own judgment and the judgment of his or her health care practitioner, in the best interests of the patient, including complementary or alternative health care treatments, in accordance with the provisions of s. 456.41.
(e) Experimental research.In addition to the provisions of s. 766.103, a patient has the right to know if medical treatment is for purposes of experimental research and to consent prior to participation in such experimental research. For any patient, regardless of ability to pay or source of payment for his or her care, participation must be a voluntary matter; and a patient has the right to refuse to participate. The patient’s consent or refusal must be documented in the patient’s care record.
(f) Patient’s knowledge of rights and responsibilities.In receiving health care, patients have the right to know what their rights and responsibilities are.
(5) RESPONSIBILITIES OF PATIENTS.Each patient of a health care provider or health care facility shall respect the health care provider’s and health care facility’s right to expect behavior on the part of patients which, considering the nature of their illness, is reasonable and responsible. Each patient shall observe the responsibilities described in the following summary.
(6) SUMMARY OF RIGHTS AND RESPONSIBILITIES.Any health care provider who treats a patient in an office or any health care facility licensed under chapter 395 that provides emergency services and care or outpatient services and care to a patient, or admits and treats a patient, shall adopt and make available to the patient, in writing, a statement of the rights and responsibilities of patients, including the following:

SUMMARY OF THE FLORIDA PATIENT’S BILL
OF RIGHTS AND RESPONSIBILITIES

Florida law requires that your health care provider or health care facility recognize your rights while you are receiving medical care and that you respect the health care provider’s or health care facility’s right to expect certain behavior on the part of patients. You may request a copy of the full text of this law from your health care provider or health care facility. A summary of your rights and responsibilities follows:

A patient has the right to be treated with courtesy and respect, with appreciation of his or her individual dignity, and with protection of his or her need for privacy.

A patient has the right to a prompt and reasonable response to questions and requests.

A patient has the right to know who is providing medical services and who is responsible for his or her care.

A patient has the right to know what patient support services are available, including whether an interpreter is available if he or she does not speak English.

A patient has the right to bring any person of his or her choosing to the patient-accessible areas of the health care facility or provider’s office to accompany the patient while the patient is receiving inpatient or outpatient treatment or is consulting with his or her health care provider, unless doing so would risk the safety or health of the patient, other patients, or staff of the facility or office or cannot be reasonably accommodated by the facility or provider.

A patient has the right to know what rules and regulations apply to his or her conduct.

A patient has the right to be given by the health care provider information concerning diagnosis, planned course of treatment, alternatives, risks, and prognosis.

A patient has the right to refuse any treatment, except as otherwise provided by law.

A patient has the right to be given, upon request, full information and necessary counseling on the availability of known financial resources for his or her care.

A patient who is eligible for Medicare has the right to know, upon request and in advance of treatment, whether the health care provider or health care facility accepts the Medicare assignment rate.

A patient has the right to receive, upon request, prior to treatment, a reasonable estimate of charges for medical care.

A patient has the right to receive a copy of a reasonably clear and understandable, itemized bill and, upon request, to have the charges explained.

A patient has the right to impartial access to medical treatment or accommodations, regardless of race, national origin, religion, handicap, or source of payment.

A patient has the right to treatment for any emergency medical condition that will deteriorate from failure to provide treatment.

A patient has the right to know if medical treatment is for purposes of experimental research and to give his or her consent or refusal to participate in such experimental research.

A patient has the right to express grievances regarding any violation of his or her rights, as stated in Florida law, through the grievance procedure of the health care provider or health care facility which served him or her and to the appropriate state licensing agency.

A patient is responsible for providing to the health care provider, to the best of his or her knowledge, accurate and complete information about present complaints, past illnesses, hospitalizations, medications, and other matters relating to his or her health.

A patient is responsible for reporting unexpected changes in his or her condition to the health care provider.

A patient is responsible for reporting to the health care provider whether he or she comprehends a contemplated course of action and what is expected of him or her.

A patient is responsible for following the treatment plan recommended by the health care provider.

A patient is responsible for keeping appointments and, when he or she is unable to do so for any reason, for notifying the health care provider or health care facility.

A patient is responsible for his or her actions if he or she refuses treatment or does not follow the health care provider’s instructions.

A patient is responsible for assuring that the financial obligations of his or her health care are fulfilled as promptly as possible.

A patient is responsible for following health care facility rules and regulations affecting patient care and conduct.

History.s. 1, ch. 91-127; s. 65, ch. 92-289; s. 656, ch. 95-148; s. 21, ch. 98-89; s. 178, ch. 98-166; s. 64, ch. 99-397; s. 7, ch. 2001-53; s. 2, ch. 2001-116; s. 3, ch. 2004-297; s. 12, ch. 2006-261; s. 3, ch. 2008-47; s. 2, ch. 2011-112; s. 1, ch. 2011-122; s. 48, ch. 2012-5; s. 11, ch. 2016-234; s. 1, ch. 2017-152; s. 15, ch. 2020-9.

F.S. 381.026 on Google Scholar

F.S. 381.026 on CourtListener

Amendments to 381.026


Annotations, Discussions, Cases:

Cases Citing Statute 381.026

Total Results: 11  |  Sort by: Relevance  |  Newest First

Copy

Lenworth Bailey v. Rocky Mountain Holdings, LLC, 889 F.3d 1259 (11th Cir. 2018).

Cited 22 times | Published | Court of Appeals for the Eleventh Circuit

...who has incurred a single or multisystem injury due to blunt or penetrating means or burns, who requires immediate medical intervention or treatment, and who meets one or more of the adult pediatric scorecard criteria,” Florida Statutes § 395.4001(12). See also Fla. Stat. § 381.026(4)(d)2 (“A patient has the right to treatment for any emergency medical condition that will deteriorate from failure to provide such treatment.”)....
Copy

Dr. Bernd Wollschlaeger v. Governor of the State of Florida, 848 F.3d 1293 (11th Cir. 2017).

Cited 14 times | Published | Court of Appeals for the Eleventh Circuit | 2017 WL 632740, 2017 U.S. App. LEXIS 2747

...377, 382 , 112 S.Ct. 2538 (1992). This particular principle looms large in this ease, which concerns certain provisions of Florida’s Firearms Owners’ Privacy Act, Chapter 2011-112, Laws of Florida (codified at Fla. Stat. §§ 790.338 , 456.072, 395.1055, & 381.026)....
...§ 790.338 , entitled “Medical privacy concerning firearms; prohibitions; penalties; exceptions.” Second, the Act added language to Fla. Stat. § 456.072 to provide disciplinary measures for violations of its provisions. Third, the Act amended Fla. Stat.' § 381.026 (the Florida Patient’s Bill of Rights and Responsibilities)....
Copy

Langbehn v. Pub. Health Trust of Miami-dade, 661 F. Supp. 2d 1326 (S.D. Fla. 2009).

Cited 4 times | Published | District Court, S.D. Florida | 2009 U.S. Dist. LEXIS 94847, 2009 WL 3247185

...Jackson's internal policies are not statutes enacted by the legislature or regulations duly issued by an administrative agency. The same goes for the standards of the Joint Commission. In their response to the motion to dismiss, the plaintiffs rely on Fla. Stat. § 381.026, the so-called Patients' Bill of Rights, and Fla....
...Second, the Patients' Bill of Rights specifically states that "[t]his section shall not be used for any purpose in any civil or administrative action ad neither expands nor limits any rights or remedies provided under *1343 any other law." Fla. Stat. § 381.026(3)....
Copy

Benjamin v. Tandem Healthcare, Inc., 998 So. 2d 566 (Fla. 2008).

Cited 4 times | Published | Supreme Court of Florida | 33 Fla. L. Weekly Supp. 1006, 2008 Fla. LEXIS 2432, 2008 WL 5333646

...ines the terms as having the meaning given in "general law related to a patient's rights and responsibilities." Tandem Healthcare, 969 So.2d at 522. The Fourth District read the term "patient's rights and responsibilities" as a specific reference to section 381.026, Florida Statutes, titled "Florida Patient's Bill of Rights and Responsibilities." In reaching this conclusion, the Fourth District agreed with and relied upon the First District's opinion in Avante Villa at Jacksonville Beach, Inc....
...(emphasis added). It noted that while there are provisions of general law that include nursing homes within the meaning of "health care facility" or "health care provider," only one statute deals with "a patient's rights and responsibilities," and that statute was section 381.026, enacted in 1991....
..."health care provider" as having "the meaning given in general law related to a patient's rights and responsibilities. " Art. X, § 25, Fla. Const. (emphasis added). Section 381.06 is titled "Florida Patient's Bill of Rights and Responsibilities. " § 381.026, Fla. Stat. (2004) (emphasis added). The Fourth District held that "[a] plain reading of the amendment reflects its reference to section 381.026 by its name." Tandem Healthcare, 969 So.2d at 522. We agree. Again, as noted by the district courts, when Amendment 7 was enacted no other statute in Florida used the phrase "patient's rights and responsibilities" in its title. No other statute used that phrase in its text either. Section 381.026, however, both used the phrase "patient's rights and responsibilities" in its title and also contained definitions of the terms that article X was defining when it used the phrase "patient's rights and responsibilities." The statement of purpose accompanying article X, section 25, also refers to section 381.026 by name....
...financial aspects of patient care. *571 In re Advisory Opinion to the Atty. Gen. re Patients' Right to Know About Adverse Med. Incidents, 880 So.2d 617, 618 (Fla. 2004) (emphasis added). The emphasized text is a near exact recitation of the title of section 381.026. The "provisions" described in the "Statement and Purpose" section quoted above also refer to rights included in section 381.026. [4] It is clear that article X, section 25 was drafted with the Florida Patient's Bill of Rights and Responsibilities, section 381.026, directly in mind. As noted earlier in this opinion, the First District has also analyzed article X, section 25. See Avante Villa, 958 So.2d 1031. In Avante Villa, the First District held that article X, section 25, incorporated the definitions in section 381.026 and that under those definitions, a nursing home was not a "health care facility" or "health care provider." Id. at 1034. Avante Villa noted that section 381.026 had been titled "Florida Patient's Bill of Rights and Responsibilities" since 1991, over ten years prior to the adoption of article X, section 25. Accordingly, the First District concluded that the reference in article X, section 25, to "patient's rights and responsibilities" had to be deemed an intentional reference to the definitions contained in section 381.026....
...e First District and Fourth District that article X, section 25, does not apply to nursing homes. At the time article X, section 25, was passed, there was a long-standing distinction drawn between nursing home "residents" and health care "patients." Section 381.026 was the Florida Patient's Bill of Rights and Responsibilities....
...See Tandem Healthcare, 969 So.2d at 521; Avante Villa, 958 So.2d at 1033. CONCLUSION We conclude that the Fourth District correctly answered the certified question when it held that article X, section 25, does not apply to nursing homes. Article X, section 25, referred to section 381.026 in both its "Statement and Purpose" section and its actual text. Accordingly, we hold that it adopted the definitions in section 381.026, approve Tandem Healthcare, and answer the certified question in the negative....
...th care provider' have the meaning given in general law related to a patient's rights and responsibilities." As pointed out by the majority, the only general law that used the phrase "patient's rights and responsibilities" in 2004 and at present was section 381.026, Florida Statutes, titled "Florida's Patient's Bill of Rights and Responsibilities." Importantly, section 381.026 has never applied to nursing homes....
...nerally applicable to the construction of constitutional provisions."). It is my view that the definitions of "health care provider" and "health care facility" are not clear and unambiguous, but can be ascertained only when read in pari materia with section 381.026....
...ion or on the Internet may be "provided" by reference to the location at which the records are publicly available. Art. X, § 25, Fla. Const. [2] Neither the parties nor amici have argued in this case that nursing homes fall under the definitions of section 381.026. Section 381.026 states: (b) "Health care facility" means a facility licensed under chapter 395. (c) "Health care provider" means a physician licensed under chapter 458, an osteopathic physician licensed under chapter 459, or a podiatric physician licensed under chapter 461. § 381.026(2)(b)-(c), Fla....
...Buster, 984 So.2d 478, 487-89 (Fla. 2008) (considering the ballot summary for article X, section 25), we conclude that the ballot materials do not shed significant light on the question certified in this case and therefore we do not discuss them further. [4] See § 381.026(4)(b)(1), Fla. Stat. (2004) (discussing "the right to know the name, function, and qualifications of each health care provider"); § 381.026(4)(b)(3), Fla. Stat. (2004) (discussing the right to be given "information concerning diagnosis, planned course of treatment, alternatives, risks, and prognosis"); § 381.026(4)(c), Fla....
Copy

Avante Villa at Jacksonville v. Breidert, 958 So. 2d 1031 (Fla. 1st DCA 2007).

Cited 3 times | Published | Florida 1st District Court of Appeal | 2007 WL 1593242

...Although in certain general law provisions nursing homes have been included in the definition of health care facility and health care provider, [2] Amendment 7 limits the definitions to the "meaning given in general law related to a patient's rights and responsibilities." Art. X, § 25(c)(1), Fla. Const. (emphasis added). Section 381.026, Florida Statutes, which was enacted prior to Amendment 7's passing, is the only section of the Florida Statutes that deals specifically with a patient's rights and responsibilities. Section 381.026, entitled "Florida Patient's Bill of Rights and Responsibilities," defines a health care facility as "a facility licensed under chapter 395" and a health care provider as "a physician licensed under chapter 458, an osteopathic physician licensed under chapter 459, or a podiatric physician licensed under chapter 461." § 381.026(2)(b) & (c), Fla....
Copy

Tandem Healthcare, Inc. v. Benjamin, 969 So. 2d 519 (Fla. 4th DCA 2007).

Cited 1 times | Published | Florida 4th District Court of Appeal | 2007 WL 4126518

...(emphasis added). It noted that while there are provisions of general law that include nursing homes within the meaning of "health care facility" or "health care provider," only one statute deals with "a patient's rights and responsibilities," and that statute was section 381.026, enacted in 1991....
...Obviously, nursing homes are health care facilities for some purposes. Nevertheless, we reject the argument that nursing homes are health care facilities for purposes of applying Amendment 7. A plain reading of the amendment reflects its reference to section 381.026 by its name, "The Florida Patient's Bill of Rights and Responsibilities," when it defined the terms "health care provider" and "health care facility" by "the general law related to a patient's rights and responsibilities" (emphasis added)....
Copy

Dr. Bernd Wollschlaeger v. Governor of the State of Florida, 797 F.3d 859 (11th Cir. 2015).

Cited 1 times | Published | Court of Appeals for the Eleventh Circuit | 2015 U.S. App. LEXIS 13070, 2015 WL 4530452

...levant inquiry and record-keeping by physicians on the sensitive issue of firearm ownership. The Act does not prevent physicians from speaking with patients about firearms generally. 1 2011 Fla. Laws 112 (codified at Fla. Stat. §§ 381.026, 456.072, 790.338). 4 Case: 12-14009 Date Filed: 07/28/2015 Page: 5 of 152 Nor does it prohibit specific inquiry or record-keeping about a patient’s firearm-...
...§ 790.338, entitled “Medical privacy concerning firearms; prohibitions; penalties; exceptions,” and amended the Florida Patient’s Bill of 5 Case: 12-14009 Date Filed: 07/28/2015 Page: 6 of 152 Rights and Responsibilities, Fla. Stat. § 381.026, to include several of the same provisions....
...the public health.”). 18 18 Pursuant to that authority, States commonly enact laws touching on what professionals may say. Florida, for example, has quite a few regulations implicating speech by physicians. See, e.g., Fla. Stat. § 381.026 (requiring physicians to communicate various information to patients on request, including: the physician’s “name, function, and qualifications”; information 59 Case: 1...
Copy

Ago (Fla. Att'y Gen. 1996).

Published | Florida Attorney General Reports

...5 As noted above, section 409.907 (3)(j), Florida Statutes, requires the county, as a provider of ambulance services to a Medicaid recipient, to accept Medicaid reimbursement as payment in full for such services. While there is no analogous statute directing reimbursement for Medicare payments, section 381.026 (4)(c)2., Florida Statutes, requires a health care provider or health care facility, upon request, to disclose to each patient who is eligible for Medicare whether the provider or facility accepts assignment under Medicare reimbursement as payment in full for medical services and treatment rendered. 6 Counties are not included in the definitions of "health care facility" and "health care provider" contained in section 381.026 , Florida Statutes....
...are assignment and that any attempt to collect any amount of charges for medical services in excess of those authorized, other than the unmet deductible and the 20 percent of charges that Medicare does not pay, is deemed void and of no merit. 7 See, s. 381.026 (2)(a) and (b), Fla....
Copy

Dr. Bernd Wollschlaeger v. Governor of the State of Florida, 760 F.3d 1195 (11th Cir. 2014).

Published | Court of Appeals for the Eleventh Circuit | 2014 WL 3695296, 2014 U.S. App. LEXIS 14192

...conduct. The Act simply codifies that good medical care does not require inquiry or record-keeping regarding firearms when unnecessary to a patient’s care. It is 1 Act of April 26, 2011, 2011 Fla. Laws 112 (codified at Fla. Stat. §§ 381.026, 456.072, 790.338). 4 Case: 12-14009 Date Filed: 07/25/2014 Page: 5 of 161 uncontroversial that a state may police the boundaries of good medical practice by routine...
...§ 790.338, entitled “Medical privacy concerning firearms; prohibitions; penalties; exceptions,” and amended the Florida Patient’s Bill of 5 Case: 12-14009 Date Filed: 07/25/2014 Page: 6 of 161 Rights and Responsibilities, Fla. Stat. § 381.026, to include several of the same provisions....
Copy

Dr. Bernd Wollschlaeger v. Governor of the State of Florida (11th Cir. 2017).

Published | Court of Appeals for the Eleventh Circuit

...377, 382 (1992). This particular principle looms large in this case, which concerns certain provisions of Florida’s Firearms Owners’ Privacy Act, Chapter 2011–112, Laws of Florida (codified at Fla. Stat. §§ 790.338, 456.072, 395.1055, & 381.026)....
...§ 790.338, entitled “Medical privacy concerning firearms; prohibitions; penalties; exceptions.” Second, the Act added language to Fla. Stat. § 456.072 to provide disciplinary measures for violations of its provisions. Third, the Act amended Fla. Stat. § 381.026 (the Florida Patient’s Bill of Rights and Responsibilities). The four FOPA provisions at issue here, all contained in § 790.338, are the record-keeping, inquiry, anti-discrimination, and anti-harassment provisions....
Copy

Dr. Bernd Wollschlaeger v. Governor of the State of Florida, 814 F.3d 1159 (11th Cir. 2015).

Published | Court of Appeals for the Eleventh Circuit | 2015 U.S. App. LEXIS 21573, 2015 WL 8639875

...This deference reaches its apex in the examination room where patients are in a position of relative powerlessness. Patients must place their trust in the physicians’ guidance and submit to the physicians’ authority. 1 2011 Fla. Laws 112 (codified at Fla. Stat. §§ 381.026, 456.072, 790.338). 4 Case: 12-14009 Date Filed: 12/14/2015 Page: 5 of 82 With this great authority comes great responsibility....
...ick Scott signed the Act into law. The Act created Fla. Stat. § 790.338, entitled “Medical privacy concerning firearms; prohibitions; penalties; exceptions,” and amended the Florida Patient’s Bill of Rights and Responsibilities, Fla. Stat. § 381.026, to include several of the same provisions....
...the public health.”).17 17 Pursuant to that authority, states commonly enact laws touching on what professionals may say. Florida, for example, has quite a few regulations implicating speech by physicians. See, e.g., Fla. Stat. § 381.026 (requiring physicians to communicate various information to patients on request, including: the physician’s “name, function, and qualifications”; information concerning the patient’s “diagnosis, planned course of treatment, alter...

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.