Florida law mandates hospitals refund patient overpayments starting 2026

Florida Governor Ron DeSantis has signed into law Senate Bill 1808, which will take effect on January 1, 2026. This new regulation mandates that hospitals, health centers, and medical professionals must refund any overpayments made by patients. The law sets mandatory deadlines for returning excess funds and includes financial and disciplinary penalties for non-compliance.

Under the new legislation, all licensed healthcare facilities that process payments for insurance or government programs must return any excess amount to patients. This obligation applies to hospitals and other facilities submitting reimbursement claims to private insurance companies, Health Maintenance Organizations (HMOs), or government-funded programs. The law specifies a maximum 30-day period from the moment an overpayment is identified for the facility to issue the refund.

The legislation clarifies that this rule applies exclusively to overpayments made by patients. Overpayments from insurers or HMOs to providers are governed by separate Florida Statutes. Importantly, the law does not require patients to initiate a claim to recover their money; the responsibility lies directly with the healthcare institution or professional.

Violators of SB 1808 face administrative fines of up to $500 per infraction. The law amends Section 408.813 of the Florida Statutes, which outlines penalties for various violations. The goal is to streamline procedures and prevent patients from facing indefinite waiting periods for funds that rightfully belong to them.