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Florida Senate
-
2026
SB 1086
By
Senator Rodriguez
40-01103-26 20261086__
1 A bill to be entitled
2 An act relating to health care services jurisdiction
3 and reimbursement; amending s. 48.193, F.S.; providing
4 that health insurance, health maintenance organization
5 coverage, health plan coverage, and travel insurance
6 providers are subject to the jurisdiction of the
7 courts of this state under certain circumstances;
8 defining the terms “emergency services” and “health
9 care provider”; creating ss. 627.4423 and 641.1853,
10 F.S.; providing legislative intent; defining terms;
11 prohibiting health care providers from collecting or
12 attempting to collect from patients any sums owed by
13 insurers and health maintenance organizations,
14 respectively, for emergency services rendered;
15 providing applicability; authorizing nonparticipating
16 health care providers to pursue causes of action for
17 quantum meruit for a specified purpose; providing
18 construction; providing an effective date.
19
20 Be It Enacted by the Legislature of the State of Florida:
21
22 Section 1. Paragraph (a) of subsection (1) of section
23 48.193, Florida Statutes, is amended to read:
24 48.193 Acts subjecting person to jurisdiction of courts of
25 state.—
26 (1)(a) A person, whether or not a citizen or resident of
27 this state, who personally or through an agent does any of the
28 acts enumerated in this subsection thereby submits himself or
29 herself and, if he or she is a natural person, his or her
30 personal representative to the jurisdiction of the courts of
31 this state for any cause of action arising from any of the
32 following acts:
33 1. Operating, conducting, engaging in, or carrying on a
34 business or business venture in this state or having an office
35 or agency in this state.
36 2. Committing a tortious act within this state.
37 3. Owning, using, possessing, or holding a mortgage or
38 other lien on any real property within this state.
39 4. Contracting to insure a person, property, or risk
40 located within this state at the time of contracting.
41 5. With respect to a proceeding for alimony, child support,
42 or division of property in connection with an action to dissolve
43 a marriage or with respect to an independent action for support
44 of dependents, maintaining a matrimonial domicile in this state
45 at the time of the commencement of this action or, if the
46 defendant resided in this state preceding the commencement of
47 the action, whether cohabiting during that time or not. This
48 paragraph does not change the residency requirement for filing
49 an action for dissolution of marriage.
50 6. Causing injury to persons or property within this state
51 arising out of an act or omission by the defendant outside this
52 state, if, at or about the time of the injury, either:
53 a. The defendant was engaged in solicitation or service
54 activities within this state; or
55 b. Products, materials, or things processed, serviced, or
56 manufactured by the defendant anywhere were used or consumed
57 within this state in the ordinary course of commerce, trade, or
58 use.
59 7. Breaching a contract in this state by failing to perform
60 acts required by the contract to be performed in this state.
61 8. With respect to a proceeding for paternity, engaging in
62 the act of sexual intercourse within this state with respect to
63 which a child may have been conceived.
64 9. Entering into a contract that complies with s. 685.102.
65
10.
Providing health insurance, health maintenance
66
organization coverage, health plan coverage, or travel insurance
67
to:
68
a.
An employee living in this state; or
69
b.
An insured patient receiving emergency services from a
70
health care provider licensed in this state. As used in this
71
sub-subparagraph, the term:
72
(I)
“Emergency services” means services necessary to
73
prevent imminent risk to life or limb, according to the Prudent
74
Layperson Standard. The term includes an emergency medical
75
condition as defined in s. 641.47.
76
(II)
“Health care provider” includes, but is not limited
77
to, any of the following medical services providers if licensed
78
in this state:
79
(A)
A physician.
80
(B)
A health care facility or hospital.
81
(C)
An urgent care center.
82
(D)
A ground, water, or air ambulance.
83 Section 2. Section 627.4423, Florida Statutes, is created
84 to read:
85
627.4423
Reimbursement for emergency health care services
86
by health and life insurers.—
87
(1)
The Legislature hereby finds and declares that
88
emergency health care services rendered by a nonparticipating
89
health care provider constitute a direct, significant, and
90
material benefit to a patient’s insurer.
91
(2)
As used in this section, the term:
92
(a)
“Emergency services” means services necessary to
93
prevent imminent risk to life or limb, according to the Prudent
94
Layperson Standard. The term includes an emergency medical
95
condition as defined in s. 641.47.
96
(b)
“Health care provider” includes, but is not limited to,
97
any of the following medical services providers if licensed in
98
this state:
99
1.
A physician.
100
2.
A health care facility or hospital.
101
3.
An urgent care center.
102
4.
A ground, water, or air ambulance.
103
(c)
“Nonparticipating health care provider” means a health
104
care provider that does not have an express contract with a
105
patient’s insurer.
106
(3)(a)
A health care provider may not collect or attempt to
107
collect from a patient any sum owed by the patient’s insurer for
108
emergency services rendered to the patient. This paragraph
109
applies to any health or life insurer whose policyholder is seen
110
by a health care provider in this state, regardless of whether
111
the insurer is licensed to sell insurance policies in this
112
state.
113
(b)
A nonparticipating health care provider may pursue in
114
court a cause of action in quantum meruit to recover from a
115
patient’s insurer the reasonable value of emergency services
116
rendered to the patient.
117
(c)
The remedies provided under paragraph (b) are
118
cumulative and not exclusive.
119
(4)
This section is not intended to regulate any price,
120
route, or service of an air ambulance service provider licensed
121
pursuant to s. 401.251.
122 Section 3. Section 641.1853, Florida Statutes, is created
123 to read:
124
641.1853
Reimbursement for emergency services rendered by
125
nonparticipating health care providers.—
126
(1)
The Legislature hereby finds and declares that
127
emergency health care services rendered by a nonparticipating
128
health care provider constitute a direct, significant, and
129
material benefit to a patient’s health maintenance organization.
130
(2)
As used in this section, the term:
131
(a)
“Emergency services” means services necessary to
132
prevent imminent risk to life or limb, according to the Prudent
133
Layperson Standard. The term includes an emergency medical
134
condition
as defined in s. 641.47.
135
(b)
“Health care provider” includes, but is not limited to,
136
any of the following medical services providers if licensed in
137
this state:
138
1.
A physician.
139
2.
A health care facility or hospital.
140
3.
An urgent care center.
141
4.
A ground, water, or air ambulance.
142
(c)
“Nonparticipating health care provider” means a health
143
care provider that does not have an express contract with a
144
patient’s health maintenance organization.
145
(3)(a)
A health care provider may not collect or attempt to
146
collect from a patient any sum owed by the patient’s health
147
maintenance organization for emergency services rendered to the
148
patient. This paragraph applies to any health maintenance
149
organization whose subscriber is seen by a health care provider
150
in this state, regardless of whether the health maintenance
151
organization is licensed to sell health maintenance contracts in
152
this state.
153
(b)
A nonparticipating health care provider may pursue in
154
court a cause of action in quantum meruit to recover from a
155
patient’s health maintenance organization the reasonable value
156
of emergency services rendered to the patient.
157
(c)
The remedies provided under paragraph (b) are
158
cumulative and not exclusive.
159
(4)
This section is not intended to regulate any price,
160
route, or service of an air ambulance service provider licensed
161
pursuant to s. 401.251.
162 Section 4. This act shall take effect July 1, 2026.