Florida

Federal FAP only

No statewide charity-care income floor. Florida has not expanded Medicaid. Nonprofit systems (AdventHealth, Baptist, Cleveland Clinic, Orlando Health) still must run a 501(r) FAP. AHCA collects hospital financials; that is reporting, not a patient right.

I.R.C. § 501(r); Fla. AHCA hospital reporting · compiled September 2026

Rule	This state
Free-care floor	—
Discount / eligibility floor	—
Covers insured patients	Yes, if they otherwise qualify
Which hospitals	Nonprofit / 501(c)(3) hospitals via federal 501(r)
Medicaid expansion	Not adopted
Screen before collections	Not required by state law
Credit reports	No state ban
Debt sales	Not banned
Home liens	Not banned
Wage garnishment	Tighter than the federal 25% cap
Interest on medical debt	No special cap located
Collection hold	No extra state waiting period
Lawsuit clock	5 years · Fla. Stat. § 95.11(2)(b) (written); head-of-family wage protections are separate

2026 poverty line here

Alaska and Hawaii use their own HHS tables. Everyone else uses the 48-state and D.C. figures, effective January 2026.

Household	100%	Free floor	Discount floor
1	$15,960	—	—
2	$21,640	—	—
3	$27,320	—	—
4	$33,000	—	—
5	$38,680	—	—
6	$44,360	—	—

What to do

01 Florida has no write-off statute. The hospital’s own FAP is the whole game — download it by name.
02 If income is under 100% FPL and you are a childless adult, you may be in the Medicaid gap. Still apply for FAP; many nonprofits write off at 200%.
03 Itemize. Florida chargemaster ER facility fees are where the $8,000 surprises live.
04 Head-of-family wage protections are strong if a judgment ever issues. Do not volunteer a confession of judgment.

Appeals

Federal No Surprises Act. Florida has additional HMOs/balance-billing limits inside some plans.

Insurance: Florida Office of Insurance Regulation — external review

Medicaid: AHCA fair hearing. Adult Medicaid is categorical — there is a coverage gap under poverty.

Medicare is federal regardless of state: redetermination, reconsideration, ALJ, Appeals Council, then district court.

Cite this in a letter

I request a FAP determination under Internal Revenue Code section 501(r). Please send the policy, the plain-language summary, and the application, and hold extraordinary collection actions while the file is pending.

Put a Florida bill in the machine.

The estimate will use this state’s floors. The letters will cite I.R.C. § 501(r); Fla. AHCA hospital reporting.

Start a Florida case

Florida Attorney General

Federal overlay — every state

501(r)
501(c)(3) hospital organizations must publish a Financial Assistance Policy, a plain-language summary, and generally may not take extraordinary collection actions (selling the debt, reporting it, liens, lawsuits) until they have made reasonable efforts to determine FAP eligibility.
No Surprises Act
Emergency services, air ambulance, and many out-of-network clinicians at in-network facilities cannot balance-bill beyond in-network cost-sharing. Independent dispute resolution is between the plan and the provider — not a reason to pay the sticker rate.
FDCPA
15 U.S.C. § 1692g. Within 30 days of first collector contact, demand validation. Until validated, collection and credit reporting should stop. Partial payment can restart a state’s statute of limitations.
EMTALA
Emergency departments must screen and stabilize regardless of ability to pay. An ER bill is not an agreement that chargemaster rates are the cash price.
Medicare appeals
Five levels: redetermination (MAC, 120 days), reconsideration (QIC), ALJ at OMHA, Medicare Appeals Council, then federal district court. A remaining patient balance is often a claim the provider still needs to work.
Credit bureaus
The CFPB’s 2025 medical-debt reporting rule was vacated in July 2025. Industry practice still generally omits paid medical collections and unpaid balances under $500. Unpaid medical debt over $500 can appear after a delay unless a state ban applies. FCRA-preemption fights over those state bans are ongoing.