Fla. Stat. 456.056
Treatment of Medicare beneficiaries; refusal, emergencies, consulting physicians


(1)

Effective as of January 1, 1993, as used in this section, the term:“Physician” means a physician licensed under chapter 458, an osteopathic physician licensed under chapter 459, a chiropractic physician licensed under chapter 460, a podiatric physician licensed under chapter 461, or an optometrist licensed under chapter 463.“Beneficiary” means a beneficiary of health insurance under Title XVIII of the federal Social Security Act.“Consulting physician” means any physician to whom a primary physician refers a Medicare beneficiary for treatment.

(a)

“Physician” means a physician licensed under chapter 458, an osteopathic physician licensed under chapter 459, a chiropractic physician licensed under chapter 460, a podiatric physician licensed under chapter 461, or an optometrist licensed under chapter 463.

(b)

“Beneficiary” means a beneficiary of health insurance under Title XVIII of the federal Social Security Act.

(c)

“Consulting physician” means any physician to whom a primary physician refers a Medicare beneficiary for treatment.

(2)

A physician may refuse to treat a beneficiary. However, nothing contained in this section shall be construed to limit a physician’s obligation under state or federal law to treat a patient for an emergency medical condition, regardless of the patient’s ability to pay.

(3)

If treatment is provided to a beneficiary for an emergency medical condition as defined in s. 395.002(8)(a), the physician must accept Medicare assignment provided that the requirement to accept Medicare assignment for an emergency medical condition shall not apply to treatment rendered after the patient is stabilized, or the treatment is unrelated to the original emergency medical condition. For the purpose of this subsection “stabilized” is defined to mean with respect to an emergency medical condition, that no material deterioration of the condition is likely within reasonable medical probability.

(4)

If treatment provided to a beneficiary is not for such emergency medical condition, and the primary physician accepts assignment, all consulting physicians must accept assignment unless the patient agrees in writing, before receiving the treatment, that the physician need not accept assignment.

(5)

Any attempt by a primary physician or a consulting physician to collect from a Medicare beneficiary any amount of charges for medical services in excess of those authorized under this section, other than the unmet deductible and the 20 percent of charges that Medicare does not pay, shall be deemed null, void, and of no merit.

Source: Section 456.056 — Treatment of Medicare beneficiaries; refusal, emergencies, consulting physicians, https://www.­flsenate.­gov/Laws/Statutes/2024/0456.­056 (accessed Aug. 7, 2025).

456.001
Definitions
456.002
Applicability
456.003
Legislative intent
456.004
Department
456.005
Long-range policy planning
456.006
Contacting boards through department
456.007
Board members
456.008
Accountability and liability of board members
456.009
Legal and investigative services
456.011
Boards
456.012
Board rules
456.013
Department
456.014
Public inspection of information required from applicants
456.015
Limited licenses
456.016
Use of professional testing services
456.017
Examinations
456.018
Penalty for theft or reproduction of an examination
456.019
Restriction on requirement of citizenship
456.021
Qualification of immigrants for examination to practice a licensed profession or occupation
456.022
Foreign-trained professionals
456.023
Exemption for certain out-of-state or foreign professionals
456.024
Members of Armed Forces and veterans
456.025
Fees
456.026
Annual report concerning finances, administrative complaints, disciplinary actions, and recommendations
456.027
Education
456.028
Consultation with postsecondary education boards prior to adoption of changes to training requirements
456.029
Education
456.031
Requirement for instruction on domestic violence
456.032
Hepatitis B or HIV carriers
456.033
Requirement for instruction for certain licensees on HIV and AIDS
456.035
Address of record
456.36
Health care professionals
456.036
Licenses
456.037
Business establishments
456.38
Practitioner registry for disasters and emergencies
456.038
Renewal and cancellation notices
456.039
Designated health care professionals
456.41
Complementary or alternative health care treatments
456.041
Practitioner profile
456.42
Written prescriptions for medicinal drugs
456.042
Practitioner profiles
456.43
Electronic prescribing for medicinal drugs
456.043
Practitioner profiles
456.44
Controlled substance prescribing
456.044
Practitioner profiles
456.045
Practitioner profiles
456.046
Practitioner profiles
456.47
Use of telehealth to provide services
456.048
Financial responsibility requirements for certain health care practitioners
456.049
Health care practitioners
456.50
Repeated medical malpractice
456.51
Consent for pelvic examinations
456.051
Reports of professional liability actions
456.52
Sex-reassignment prescriptions and procedures
456.052
Disclosure of financial interest by production
456.053
Financial arrangements between referring health care providers and providers of health care services
456.054
Kickbacks prohibited
456.055
Chiropractic and podiatric health care
456.056
Treatment of Medicare beneficiaries
456.057
Ownership and control of patient records
456.058
Disposition of records of deceased practitioners or practitioners relocating or terminating practice
456.059
Communications confidential
456.61
Use of free speech by a health care practitioner
456.061
Practitioner disclosure of confidential information
456.62
Communication of COVID-19 treatment alternatives
456.062
Advertisement by a health care practitioner of free or discounted services
456.063
Sexual misconduct
456.065
Unlicensed practice of a health care profession
456.066
Prosecution of criminal violations
456.067
Penalty for giving false information
456.068
Toll-free telephone number for reporting of complaints
456.069
Authority to inspect
456.071
Power to administer oaths, take depositions, and issue subpoenas
456.072
Grounds for discipline
456.073
Disciplinary proceedings
456.074
Certain health care practitioners
456.075
Criminal proceedings against licensees
456.076
Impaired practitioner programs
456.077
Authority to issue citations
456.078
Mediation
456.079
Disciplinary guidelines
456.081
Publication of information
456.082
Disclosure of confidential information
456.0135
General background screening provisions
456.0145
Mobile Opportunity by Interstate Licensure Endorsement (MOBILE) Act
456.0241
Temporary certificate for active duty military health care practitioners
456.0242
Office of Veteran Licensure Services
456.0301
Requirement for instruction on controlled substance prescribing
456.0341
Requirements for instruction on human trafficking
456.0361
Compliance with continuing education requirements
456.0391
Advanced practice registered nurses
456.0392
Prescription labeling
456.0495
Reporting adverse incidents occurring in planned out-of-hospital births
456.0496
Provision of information on eye and vision disorders to parents during planned out-of-hospital births
456.0575
Duty to notify patients
456.0635
Health care fraud
456.4501
Interstate Medical Licensure Compact
456.4502
Interstate Medical Licensure Compact
456.4503
Interstate Medical Licensure Compact Commission
456.4504
Interstate Medical Licensure Compact rules

Current through Fall 2025

§ 456.056. Treatment of Medicare beneficiaries; refusal, emergencies, consulting physicians's source at flsenate​.gov