(1) The presence of each resident in a facility shall be covered by a contract, executed by the licensee and the resident or his or her designee or legal representative at the time of admission or prior thereto and at the expiration of the term of a previous contract, and modified by the licensee and the resident or his or her designee or legal representative at the time the source of payment for the resident’s care changes. Each party to the contract is entitled to a duplicate original thereof, printed in boldfaced type, and the licensee shall keep on file all contracts which it has with residents. The licensee may not destroy or otherwise dispose of any such contract until 5 years after its expiration or such longer period as may be provided in the rules of the agency. Microfilmed records or records reproduced by a similar process of duplication may be kept in lieu of the original records.
(2) Each contract to which this section applies shall contain express provisions specifically setting forth the services and accommodations to be provided by the licensee, the rates or charges therefor, bed reservation and refund policies, and any other matters which the parties deem appropriate. The licensee shall attach to the contract a list of services and supplies available but not covered by the per diem rate of the facility or by Titles XVIII and XIX of the Social Security Act and the standard charge to the resident for each item. The licensee shall provide written notification to each party to the contract of any changes in any attachment thereto, no fewer than 14 days in advance of the effective date of those changes. The agency shall specify by rule an alternative method for notification of changes in the cost of supplies. If the resident is a party to the contract, the licensee shall provide him or her with a written and oral notification of the changes.
History.—s. 14, ch. 69-309; ss. 19, 35, ch. 69-106; s. 13, ch. 70-361; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 10, 18, ch. 80-186; ss. 2, 3, ch. 81-318; ss. 19, 79, 83, ch. 83-181; s. 46, ch. 85-81; s. 30, ch. 93-177; ss. 19, 49, ch. 93-217; s. 767, ch. 95-148.
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.