As legislators reconvene for the start of the 2016 Florida legislative session, they will be presented with at least one new set of proposals from Gov. Rick Scott as part of his effort to combat what he describes as “hospital price gouging.”

These reform measures are aimed at consumers and, if adopted by the Legislature, would:

  • Update existing law governing the www.FloridaHealthFinder.gov website to help consumers estimate their expected out-of-pocket expenses and chances of experiencing adverse incidents while at a specific health care facility;
  • Require all hospitals to post on their website in a prominent location the prices and average payments received for all products and services offered, along with performance on patient quality measures;
  • Create new protections against “unconscionable prices” to include all products and services rendered to a patient during a medical emergency or other course of medically essential treatment. With this policy, patients can refer complaints of price gouging at hospitals and surgical centers to the appropriate law enforcement agency or regulatory authority for investigation and potential prosecution; and
  • Require tax-exempt hospitals to post their annual financial reports (Form 990) to the IRS online, documents that contain detailed information on the institution’s programs and finances, such as executive compensation, lobbying expenditures and revenue.

Additional reform measures may be proposed when the Commission on Healthcare and Hospital Funding appointed by Governor Scott to examine the role of taxpayer funding for hospitals, insurers and health care providers issues its anticipated final report and recommendations later this year.

What is clear, though, is that change is on the horizon for the delivery of health care in Florida.

For information on how these and other likely proposals may impact your business, please contact Gunster attorneys Bruce Lamb or Derek Bruce.

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This publication is for general information only. It is not legal advice, and legal counsel should be contacted before any action is taken that might be influenced by this publication.

About Gunster

Gunster, Florida’s law firm for business, provides full-service legal counsel to leading organizations and individuals from its 13 offices statewide. Established in 1925, the firm has expanded, diversified and evolved, but always with a singular focus: Florida and its clients’ stake in it. A magnet for business-savvy attorneys who embrace collaboration for the greatest advantage of clients, Gunster’s growth has not been at the expense of personalized service but because of it. The firm serves clients from its offices in Boca Raton, Fort Lauderdale, Jacksonville, Miami, Naples, Orlando, Palm Beach, Stuart, Tallahassee, Tampa Bayshore, Tampa Downtown, Vero Beach, and its headquarters in West Palm Beach. With more than 280 attorneys and consultants, and over 290 committed professional staff, Gunster is ranked among the National Law Journal’s list of the 500 largest law firms and has been recognized as one of the Top 100 Diverse Law Firms by Law360. More information about its practice areas, offices and insider’s view newsletters is available at www.gunster.com.

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