Florida Statutes
Part II - Nursing Homes (Ss. 400.011-400.334)
400.051 - Homes or institutions exempt from the provisions of this part.


(1) The following shall be exempt from the provisions of this part:
(a) Any facility, institution, or other place operated by the Federal Government or a federal agency.
(b) Any hospital, as defined in s. 395.002, that is licensed under chapter 395.
(c) Any facility, together with improvements or additions thereto, which has existed and operated continuously in this state for at least 60 years on or before July 1, 1989, and is directly or indirectly owned and operated by a nationally recognized fraternal organization, is not open to the public, and accepts only its own members and their spouses as residents.

(2) Any facility or institution operated by and for persons who rely exclusively upon treatment by spiritual means through prayer, in accordance with the creed or tenets of any organized church or religious denomination, shall be exempt from the provisions of this part. However, such facility or institution shall comply with all applicable laws and rules relating to sanitation and safety.
History.—s. 4, ch. 69-309; s. 4, ch. 70-361; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 8, 79, 83, ch. 83-181; s. 1, ch. 88-411; s. 30, ch. 93-177; ss. 7, 49, ch. 93-217; s. 5, ch. 94-206; s. 2, ch. 94-317; s. 34, ch. 98-89; s. 40, ch. 98-171; s. 210, ch. 99-13; s. 57, ch. 2007-230.

Structure Florida Statutes

Florida Statutes

Title XXIX - Public Health

Chapter 400 - Nursing Homes and Related Health Care Facilities

Part II - Nursing Homes (Ss. 400.011-400.334)

400.011 - Purpose.

400.021 - Definitions.

400.022 - Residents’ rights.

400.023 - Civil enforcement.

400.0233 - Presuit notice; investigation; notification of violation of resident’s rights or alleged negligence; claims evaluation procedure; informal discovery; review; settlement offer; mediation.

400.0234 - Availability of facility records for investigation of resident’s rights violations and defenses; penalty.

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.

400.119 - Confidentiality of records and meetings of risk management and quality assurance committees.

400.121 - Denial, suspension, revocation of license; administrative fines; procedure; order to increase staffing.

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.

400.151 - Contracts.

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.

400.275 - Agency duties.

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.