THE BILL ITSELF
HB 1185
Health Care Services Jurisdiction and Reimbursement
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A bill to be entitled
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An act relating to health care services jurisdiction
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and reimbursement; amending s. 48.193, F.S.; providing
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that health insurance, health maintenance organization
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coverage, health plan coverage, and travel insurance
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providers are subject to the jurisdiction of the
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courts of this state under certain circumstances;
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defining the terms "emergency services" and "health
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care providers"; creating ss. 627.4423 and 641.1853,
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F.S.; providing legislative intent; providing
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definitions; prohibiting health care providers from
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collecting and attempting to collect from patients any
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sums owed by insurers and health maintenance
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organizations, respectively, for emergency services
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rendered; providing applicability; authorizing
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nonparticipating health care providers to pursue
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causes of action for quantum meruit for a specified
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purpose; providing construction; providing an
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effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Paragraph (a) of subsection (1) of section
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48.193, Florida Statutes, is amended to read:
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48.193 Acts subjecting person to jurisdiction of courts of
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state.—
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(1)(a) A person, whether or not a citizen or resident of
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this state, who personally or through an agent does any of the
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acts enumerated in this subsection thereby submits himself or
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herself and, if he or she is a natural person, his or her
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personal representative to the jurisdiction of the courts of
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this state for any cause of action arising from any of the
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following acts:
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1. Operating, conducting, engaging in, or carrying on a
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business or business venture in this state or having an office
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or agency in this state.
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2. Committing a tortious act within this state.
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3. Owning, using, possessing, or holding a mortgage or
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other lien on any real property within this state.
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4. Contracting to insure a person, property, or risk
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located within this state at the time of contracting.
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5. With respect to a proceeding for alimony, child
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support, or division of property in connection with an action to
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dissolve a marriage or with respect to an independent action for
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support of dependents, maintaining a matrimonial domicile in
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this state at the time of the commencement of this action or, if
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the defendant resided in this state preceding the commencement
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of the action, whether cohabiting during that time or not. This
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paragraph does not change the residency requirement for filing
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an action for dissolution of marriage.
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6. Causing injury to persons or property within this state
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arising out of an act or omission by the defendant outside this
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state, if, at or about the time of the injury, either:
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a. The defendant was engaged in solicitation or service
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activities within this state; or
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b. Products, materials, or things processed, serviced, or
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manufactured by the defendant anywhere were used or consumed
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within this state in the ordinary course of commerce, trade, or
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use.
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7. Breaching a contract in this state by failing to
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perform acts required by the contract to be performed in this
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state.
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8. With respect to a proceeding for paternity, engaging in
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the act of sexual intercourse within this state with respect to
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which a child may have been conceived.
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9. Entering into a contract that complies with s. 685.102.
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10. Providing health insurance, health maintenance
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organization coverage, health plan coverage, or travel insurance
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to:
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a. An employee living in this state; or
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b. An insured patient receiving emergency services from a
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health care provider licensed in this state. As used in this
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sub-subparagraph, the term:
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(I) "Emergency services" means services necessary to
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prevent imminent risk to life or limb, according to the Prudent
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Layperson Standard. The term includes an emergency medical
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condition as defined in s. 641.47.
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(II) "Health care provider" includes, but is not limited
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to, any of the following medical services provider if the
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provider is licensed in this state:
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(A) A physician.
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(B) A health care facility or hospital.
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(C) An urgent care center.
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(D) A ground, water, or air ambulance.
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Section 2. Section 627.4423, Florida Statutes, is created
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to read:
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627.4423 Reimbursement for emergency health care services
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by health and life insurers.—
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(1) The Legislature hereby finds and declares that
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emergency health care services rendered by a nonparticipating
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health care provider constitute a direct, significant, and
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material benefit to a patient's insurer.
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(2) As used in this section, the term:
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(a) "Emergency services" means services necessary to
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prevent imminent risk to life or limb, according to the Prudent
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Layperson Standard. The term includes an emergency medical
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condition as defined in s. 641.47.
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(b) "Health care provider" includes, but is not limited
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to, any of the following medical services provider if the
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provider is licensed in this state:
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1. A physician.
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2. A health care facility or hospital.
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3. An urgent care center.
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4. A ground, water, or air ambulance.
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(c) "Nonparticipating health care provider" means a health
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care provider that does not have an express contract with a
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patient's insurer.
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(3)(a) A health care provider may not collect or attempt
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to collect from a patient any sum owed by the patient's insurer
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for emergency services rendered to the patient. This paragraph
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applies to any health or life insurer whose policyholder is seen
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by a health care provider in this state, regardless of whether
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the insurer is licensed to sell insurance policies in this
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state.
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(b) A nonparticipating health care provider may pursue in
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court a cause of action for quantum meruit to recover from a
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patient's insurer the reasonable value of emergency services
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rendered to the patient.
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(c) The remedies provided under paragraphs (a) and (b) are
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cumulative and not exclusive.
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(4) This section is not intended to regulate any price,
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route, or service of an air ambulance service provider licensed
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pursuant to s. 401.251.
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Section 3. Section 641.1853, Florida Statutes, is created
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to read:
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641.1853 Reimbursement for emergency services rendered by
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nonparticipating health care providers.—
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(1) The Legislature hereby finds and declares that
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emergency health care services rendered by a nonparticipating
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health care provider constitute a direct, significant, and
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material benefit to a patient's health maintenance organization.
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(2) As used in this section, the term:
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(a) "Emergency services" means services necessary to
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prevent imminent risk to life or limb, according to the Prudent
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Layperson Standard. The term includes an emergency medical
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condition.
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(b) "Health care provider" includes, but is not limited
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to, any of the following medical services provider if the
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provider is licensed in this state:
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1. A physician.
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2. A health care facility or hospital.
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3. An urgent care center.
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4. A ground, water, or air ambulance.
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(c) "Nonparticipating health care provider" means a health
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care provider that does not have an express contract with a
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patient's health maintenance organization.
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(3)(a) A health care provider may not collect or attempt
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to collect from a patient any sum owed by the patient's health
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maintenance organization for emergency services rendered to the
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patient. This paragraph applies to any health maintenance
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organization whose subscriber is seen by a health care provider
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in this state, regardless of whether the health maintenance
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organization is licensed to sell health maintenance contracts in
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this state.
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(b) A nonparticipating health care provider may pursue in
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court a cause of action for quantum meruit to recover from a
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patient's health maintenance organization the reasonable value
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of emergency services rendered to the patient.
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(c) The remedies provided under paragraphs (a) and (b) are
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cumulative and not exclusive.
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(4) This section is not intended to regulate any price,
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route, or service of an air ambulance service provider licensed
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pursuant to s. 401.251.
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Section 4. This act shall take effect July 1, 2026.