Patient Overpayments Must Be Refunded Quickly Under New Florida Law

Starting January 1, 2026, under a law enacted during the 2025 legislative session, Florida health care practitioners and facilities are required to refund overpayments made by patients within 30 days from the determination that there has been an overpayment. Senate Bill 1808 created two new statutes – Sections 456.0625 and 408.12, Florida Statutes – which apply to health care practitioners, providers and facilities.

Section 456.0625 requires a health care practitioner who tenders charges for reimbursement – as well as any billing department, management company or group practice that accepts payment for services rendered by the practitioner – to refund any overpayment made by a patient no later than 30 days after determining that an overpayment was made.  Section 456.0625 applies to all health care practitioners licensed by the Florida Department of Health. A violation of Section 456.0625 is grounds for disciplinary action against the health care practitioner.

Section 408.12 requires health care providers and facilities that tender charges for reimbursement to refund patient overpayments no later than 30 days after determining that an overpayment was made. Section 408.12 applies to all health care providers and facilities that are issued a permit, registration, certificate or license by the Florida Agency for Health Care Administration (“AHCA”). A violation of Section 408.12 is grounds for an administrative fine.

Under both statutes, to “tender charges for reimbursement” means to file a claim for reimbursement with any government-sponsored program, private health insurer or HMO for services rendered to the patient.

The new requirements do not apply to overpayments made by health insurers and HMOs, which are handled under procedures located in Sections 627.6131 and 641.3155, Florida Statutes, respectively.

Health care practitioners and facilities should have policies and procedures in place to ensure that patient overpayments will be refunded within 30 days after determining that a patient has made an overpayment.

If you have questions about how you and your practice or facility are impacted by these statutes, please contact your Dinsmore health care law attorney.