Florida Patient's Bill of Rights and
Responsibilities.
Florida Statutes Chapter 381(026)
Purpose Of The Florida Patient's Bill Of
Rights And Responsibilities
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.
Rights Of
Patients.
Each health care facility or provider shall observe the
following standards:
Individual dignity
- The individual dignity of a patient must be respected at all times and
upon all occasions.
- 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.
- 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.
- 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.
Information
- 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.
- A patient in a health care facility has the right to know what patient
support services are available in the facility.
- 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.
- 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.
- A patient in a health care facility has the right to know what facility
rules and regulations apply to patient conduct.
- 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.
- 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.
Financial information and disclosure.
- 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.
- A health care provider or a health care facility shall, upon request,
disclose to each patient who is eligible for Medicare, in advance of
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.
- A health care provider or a health care facility shall, upon request,
furnish a patient, prior to provision of medical services, a reasonable
estimate of charges for such services. Such reasonable estimate shall 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.
- A patient has the right to receive a copy of an itemized bill upon
request. A patient has a right to be given an explanation of charges upon
request.
Access to health care.
- 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 such treatment.
- 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.
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.
Patient's knowledge of rights and responsibilities
In receiving health care, patients have the right to know what their rights
and responsibilities are.
Responsibilities
Of Patients
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 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.
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