On April 14, Florida became the latest state to protect consumers from "surprise" medical bills when Gov. Rick Scott signed into law HB 221, preventing balance billing by out-of-network healthcare providers who render emergency or non-emergency care to a patient at an in-network hospital. The law will go into effect on July 1.
Legislation preventing surprise bills has been a recent national trend, with more than 20 states either considering protections or having already enacted laws. New York's and Connecticut's laws were previously discussed on this blog, as was a proposed New Jersey bill that ultimately was not passed.
States have taken different approaches to the problem. Some require only reasonable advance notice to the patient that some services might be provided out-of-network, while others (such as Colorado) prevent the surprise bill entirely.
The new Florida law will apply to consumers covered by all types of insurance plans. Previously, the state's law protected only those enrolled in HMOs. Among other requirements, Florida hospitals will be required to list on their websites the health plans with which they are in-network, and notify consumers that they may be treated by out-of-network practitioners. An out-of-network provider may not render a bill for non-emergency services if the insured "does not have the ability and opportunity to choose a participating provider at the facility who is available to treat the insured."
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