(1) Failure to provide complete copies of a resident’s records, including, but not limited to, all medical records and the resident’s chart, within the control or possession of the facility in accordance with s. 400.145 shall constitute evidence of failure of that party to comply with good faith discovery requirements and shall waive the good faith certificate and presuit notice requirements under this part by the requesting party.
(2) Information submitted pursuant to s. 408.061(5) and (6) is discoverable and may be admissible in a civil action or an administrative action under this part or part II of chapter 408.
(3) No facility shall be held liable for any civil damages as a result of complying with this section.
History.—s. 6, ch. 2001-45; s. 3, ch. 2022-61.
Structure Florida Statutes
Chapter 400 - Nursing Homes and Related Health Care Facilities
Part II - Nursing Homes (Ss. 400.011-400.334)
400.0235 - Certain provisions not applicable to actions under this part.
400.0236 - Statute of limitations.
400.0237 - Punitive damages; pleading; burden of proof.
400.0238 - Punitive damages; limitation.
400.0239 - Quality of Long-Term Care Facility Improvement Trust Fund.
400.024 - Failure to satisfy a judgment or settlement agreement; required notification to claimants.
400.0255 - Resident transfer or discharge; requirements and procedures; hearings.
400.051 - Homes or institutions exempt from the provisions of this part.
400.062 - License required; fee; disposition.
400.0625 - Minimum standards for clinical laboratory test results and diagnostic X-ray results.
400.063 - Resident protection.
400.071 - Application for license.
400.0712 - Application for inactive license.
400.102 - Action by agency against licensee; grounds.
400.111 - Disclosure of controlling interest.
400.118 - Quality assurance; early warning system; monitoring; rapid response teams.
400.1183 - Resident grievance procedures.
400.126 - Receivership proceedings.
400.141 - Administration and management of nursing home facilities.
400.1413 - Volunteers in nursing homes.
400.1415 - Patient records; penalties for alteration.
400.142 - Emergency medication kits; orders not to resuscitate.
400.143 - Institutional formularies established by nursing home facilities.
400.145 - Copies of records of care and treatment of resident.
400.147 - Internal risk management and quality assurance program.
400.148 - Medicaid “Up-or-Out” Quality of Care Contract Management Program.
400.162 - Property and personal affairs of residents.
400.165 - Itemized resident billing, form and content prescribed by the agency.
400.17 - Bribes, kickbacks, certain solicitations prohibited.
400.172 - Respite care provided in nursing home facilities.
400.175 - Patients with Alzheimer’s disease or other related disorders; certain disclosures.
400.1755 - Care for persons with Alzheimer’s disease or related disorders.
400.176 - Rebates prohibited; penalties.
400.179 - Liability for Medicaid underpayments and overpayments.
400.18 - Closing of nursing facility.
400.19 - Right of entry and inspection.
400.191 - Availability, distribution, and posting of reports and records.
400.20 - Licensed nursing home administrator required.
400.211 - Persons employed as nursing assistants; certification requirement.
400.215 - Personnel screening requirement.
400.23 - Rules; evaluation and deficiencies; licensure status.
400.232 - Review and approval of plans; fees and costs.
400.235 - Nursing home quality and licensure status; Gold Seal Program.
400.241 - Prohibited acts; penalties for violations.
400.25 - Educational program authorized.
400.33 - Legislative intent; community-based care for the elderly.
400.332 - Funds received not revenues for purpose of Medicaid program.
400.334 - Activity relating to unions by nursing home employees.