Florida Statutes
Title XXIX - Public Health
Chapter 400 - Nursing Homes and Related Health Care Facilities

400.0063 - Establishment of the State Long-Term Care Ombudsman Program; designation of ombudsman and legal advocate. - (1) There is created the State Long-Term Care Ombudsman Program...

400.0065 - State Long-Term Care Ombudsman Program; duties and responsibilities. - (1) The purpose of the State Long-Term Care Ombudsman Program...

400.0067 - State Long-Term Care Ombudsman Council; duties; membership. - (1) There is created within the State Long-Term Care Ombudsman...

400.0069 - Long-term care ombudsman districts; local long-term care ombudsman councils; duties; appointment. - (1)(a) The state ombudsman shall designate districts and each district...

400.0070 - Conflicts of interest. - (1) A representative of the State Long-Term Care Ombudsman Program...

400.0071 - State Long-Term Care Ombudsman Program complaint procedures. - History.—s. 28, ch. 75-233; s. 3, ch. 76-168; s. 9,...

400.0073 - State and local ombudsman council investigations. - (1) A representative of the State Long-Term Care Ombudsman Program...

400.0074 - Local ombudsman council onsite administrative assessments. - (1) A representative of the State Long-Term Care Ombudsman Program...

400.0075 - Complaint notification and resolution procedures. - (1)(a) Any complaint verified by a representative of the State...

400.0077 - Confidentiality. - (1) The following are confidential and exempt from the provisions...

400.0078 - Citizen access to State Long-Term Care Ombudsman Program services. - (1) The office shall establish a statewide toll-free telephone number...

400.0079 - Immunity. - (1) Any person making a complaint pursuant to this part...

400.0081 - Access to facilities, residents, and records. - (1) A long-term care facility shall provide representatives of the...

400.0083 - Interference; retaliation; penalties. - (1) A person, long-term care facility, or other entity may...

400.0087 - Department oversight; funding. - (1) The department shall meet the costs associated with the...

400.0089 - Complaint data reports. - History.—ss. 14, 30, ch. 93-177; s. 44, ch. 95-196; s....

400.0091 - Training. - (1) All representatives of the State Long-Term Care Ombudsman Program...

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

400.011 - Purpose. - (1) The health, care, and treatment of persons in nursing...

400.021 - Definitions. - (1) “Administrator” means the licensed individual who has the general...

400.022 - Residents’ rights. - (1) All licensees of nursing home facilities shall adopt and...

400.023 - Civil enforcement. - (1) An exclusive cause of action for negligence or a...

400.0233 - Presuit notice; investigation; notification of violation of resident’s rights or alleged negligence; claims evaluation procedure; informal discovery; review; settlement offer; mediation. - (1) As used in this section, the term: (a) “Claim...

400.0234 - Availability of facility records for investigation of resident’s rights violations and defenses; penalty. - (1) Failure to provide complete copies of a resident’s records,...

400.0235 - Certain provisions not applicable to actions under this part. - History.—s. 7, ch. 2001-45.

400.0236 - Statute of limitations. - (1) Any action for damages brought under this part shall...

400.0237 - Punitive damages; pleading; burden of proof. - (1) A claim for punitive damages may not be brought...

400.0238 - Punitive damages; limitation. - (1)(a) Except as provided in paragraphs (b) and (c), an...

400.0239 - Quality of Long-Term Care Facility Improvement Trust Fund. - (1) There is created within the Agency for Health Care...

400.024 - Failure to satisfy a judgment or settlement agreement; required notification to claimants. - (1) Upon the entry by a Florida court of an...

400.0255 - Resident transfer or discharge; requirements and procedures; hearings. - (1) As used in this section, the term: (a) “Discharge”...

400.051 - Homes or institutions exempt from the provisions of this part. - (1) The following shall be exempt from the provisions of...

400.062 - License required; fee; disposition. - (1) The requirements of part II of chapter 408 apply...

400.0625 - Minimum standards for clinical laboratory test results and diagnostic X-ray results. - (1) Each nursing home, as a requirement for issuance or...

400.063 - Resident protection. - (1) The Health Care Trust Fund shall be used for...

400.071 - Application for license. - (1) In addition to the requirements of part II of...

400.0712 - Application for inactive license. - (1) As specified in this section, the agency may issue...

400.102 - Action by agency against licensee; grounds. - (1) An intentional or negligent act materially affecting the health...

400.111 - Disclosure of controlling interest. - History.—s. 10, ch. 69-309; ss. 19, 35, ch. 69-106; s....

400.118 - Quality assurance; early warning system; monitoring; rapid response teams. - (1) The agency shall establish an early warning system to...

400.1183 - Resident grievance procedures. - (1) Every nursing home must have a grievance procedure available...

400.119 - Confidentiality of records and meetings of risk management and quality assurance committees. - (1) Incident reports filed with the risk manager and administrator...

400.121 - Denial, suspension, revocation of license; administrative fines; procedure; order to increase staffing. - (1) The agency may deny an application, revoke or suspend...

400.126 - Receivership proceedings. - (1) As an alternative to or in conjunction with an...

400.141 - Administration and management of nursing home facilities. - (1) Every licensed facility shall comply with all applicable standards...

400.1413 - Volunteers in nursing homes. - (1) It is the intent of the Legislature to encourage...

400.1415 - Patient records; penalties for alteration. - (1) Any person who fraudulently alters, defaces, or falsifies any...

400.142 - Emergency medication kits; orders not to resuscitate. - (1) Other provisions of this chapter or of chapter 465,...

400.143 - Institutional formularies established by nursing home facilities. - (1) For purposes of this section, the term: (a) “Institutional...

400.145 - Copies of records of care and treatment of resident. - (1) Upon receipt of a written request that complies with...

400.147 - Internal risk management and quality assurance program. - (1) Every facility shall, as part of its administrative functions,...

400.148 - Medicaid “Up-or-Out” Quality of Care Contract Management Program. - (1) The Legislature finds that the federal Medicare program has...

400.151 - Contracts. - (1) The presence of each resident in a facility shall...

400.162 - Property and personal affairs of residents. - (1) The admission of a resident to a facility and...

400.165 - Itemized resident billing, form and content prescribed by the agency. - (1) Within 7 days following discharge or release from a...

400.17 - Bribes, kickbacks, certain solicitations prohibited. - (1) As used in this section, the term: (a) “Bribe”...

400.172 - Respite care provided in nursing home facilities. - (1) For each person admitted for respite care as authorized...

400.175 - Patients with Alzheimer’s disease or other related disorders; certain disclosures. - History.—s. 1, ch. 93-105.

400.1755 - Care for persons with Alzheimer’s disease or related disorders. - (1) As a condition of licensure, facilities licensed under this...

400.176 - Rebates prohibited; penalties. - (1) It is unlawful for any person to pay or...

400.179 - Liability for Medicaid underpayments and overpayments. - (1) It is the intent of the Legislature to protect...

400.18 - Closing of nursing facility. - (1) In addition to the requirements of part II of...

400.19 - Right of entry and inspection. - (1) In accordance with part II of chapter 408, the...

400.191 - Availability, distribution, and posting of reports and records. - (1) The agency shall provide information to the public about...

400.20 - Licensed nursing home administrator required. - History.—s. 19, ch. 69-309; s. 18, ch. 70-361; s. 3,...

400.211 - Persons employed as nursing assistants; certification requirement. - (1) To serve as a nursing assistant in any nursing...

400.215 - Personnel screening requirement. - (1) The agency shall require level 2 background screening for...

400.23 - Rules; evaluation and deficiencies; licensure status. - (1) It is the intent of the Legislature that rules...

400.232 - Review and approval of plans; fees and costs. - (1) The agency shall approve or disapprove the plans and...

400.235 - Nursing home quality and licensure status; Gold Seal Program. - (1) To protect the health and welfare of persons receiving...

400.241 - Prohibited acts; penalties for violations. - (1) It is unlawful for any person, long-term care facility,...

400.25 - Educational program authorized. - History.—s. 24, ch. 69-309; ss. 19, 35, ch. 69-106; s....

400.275 - Agency duties. - (1) The agency may not assign an individual to be...

400.33 - Legislative intent; community-based care for the elderly. - History.—s. 1, ch. 77-401; s. 2, ch. 81-318; ss. 79,...

400.332 - Funds received not revenues for purpose of Medicaid program. - History.—s. 4, ch. 77-401; s. 2, ch. 81-318; ss. 79,...

400.334 - Activity relating to unions by nursing home employees. - (1) Participation by an employee of a nursing home in...

Part III - Home Health Services (Ss. 400.461-400.53)

400.461 - Short title; purpose. - (1) This part, consisting of ss. 400.461-400.53, may be cited...

400.462 - Definitions. - (1) “Administrator” means a direct employee, as defined in subsection...

400.464 - Home health agencies to be licensed; expiration of license; exemptions; unlawful acts; penalties. - (1) The requirements of part II of chapter 408 apply...

400.471 - Application for license; fee. - (1) Each applicant for licensure must comply with all provisions...

400.474 - Administrative penalties. - (1) The agency may deny, revoke, and suspend a license...

400.476 - Staffing requirements; notifications; limitations on staffing services. - (1) ADMINISTRATOR.— (a) An administrator may manage only one home...

400.4785 - Patients with Alzheimer’s disease or other related disorders; staff training requirements; certain disclosures. - (1) A home health agency must provide the following staff...

400.484 - Right of inspection; violations; fines. - (1) In addition to the requirements of s. 408.811, the...

400.487 - Home health service agreements; physician’s, physician assistant’s, and advanced practice registered nurse’s treatment orders; patient assessment; establishment and review of plan of care; provision of services; orders not to resuscitate. - (1) Services provided by a home health agency must be...

400.488 - Assistance with self-administration of medication and with other tasks. - (1) For purposes of this section, the term: (a) “Informed...

400.489 - Administration of medication by a home health aide; staff training requirements. - (1) A home health aide may administer oral, transdermal, ophthalmic,...

400.490 - Nurse-delegated tasks. - History.—s. 8, ch. 2020-9.

400.491 - Clinical records. - (1) The home health agency must maintain for each patient...

400.492 - Provision of services during an emergency. - (1) Each patient record for patients who are listed in...

400.494 - Information about patients confidential. - (1) Information about patients received by persons employed by, or...

400.497 - Rules establishing minimum standards. - (1) The home health aide competency test and home health...

400.506 - Licensure of nurse registries; requirements; penalties. - (1)(a) A nurse registry is exempt from the licensing requirements...

400.509 - Registration of particular service providers exempt from licensure; certificate of registration; regulation of registrants. - (1) Any person that provides companion services or homemaker services...

400.512 - Screening of home health agency personnel; nurse registry personnel and contractors; and companions and homemakers. - History.—s. 14, ch. 93-214; s. 21, ch. 94-134; s. 21,...

400.518 - Prohibited referrals to home health agencies. - (1) A physician licensed under chapter 458 or chapter 459...

400.5185 - Review and modification of prior authorization. - History.—s. 15, ch. 2008-246.

400.52 - Excellence in Home Health Program. - (1) There is created within the agency the Excellence in...

400.53 - Nurse Registry Excellence Program. - (1) There is created within the agency the Nurse Registry...

Part IV - Hospices (Ss. 400.6005-400.611)

400.6005 - Legislative findings and intent. - History.—s. 1, ch. 93-179.

400.601 - Definitions. - (1) “Agency” means the Agency for Health Care Administration. (2)...

400.602 - Licensure required; prohibited acts; exemptions; display, transferability of license. - (1)(a) The requirements of part II of chapter 408 apply...

400.6045 - Patients with Alzheimer’s disease or other related disorders; staff training requirements; certain disclosures. - (1) A hospice licensed under this part must provide the...

400.605 - Administration; forms; fees; rules; inspections; fines. - (1) The agency shall by rule establish minimum standards and...

400.60501 - Outcome measures; adoption of federal quality measures; public reporting. - (1) The agency shall adopt the national hospice outcome measures...

400.6051 - Construction and renovation; requirements. - (1) The requirements for the construction and the renovation of...

400.606 - License; application; renewal; conditional license or permit; certificate of need. - (1) In addition to the requirements of part II of...

400.6065 - Background screening. - History.—ss. 55, 71, ch. 98-171; s. 22, ch. 2000-349; s....

400.607 - Denial, suspension, revocation of license; emergency actions; imposition of administrative fine; grounds. - (1) The agency may deny, revoke, and suspend a license,...

400.6085 - Contractual services. - (1) A contract for hospice services, including inpatient services, must:...

400.609 - Hospice services. - (1) SERVICES.— (a) The hospice care team shall directly provide...

400.6095 - Patient admission; assessment; plan of care; discharge; death. - (1) Each hospice shall make its services available to all...

400.6096 - Disposal of prescribed controlled substances following the death of a patient in the home. - (1) A hospice physician, nurse, or social worker is authorized...

400.610 - Administration and management of a hospice. - (1) A hospice shall have a clearly defined organized governing...

400.6105 - Staffing and personnel. - (1) Each hospice shall have a medical director licensed pursuant...

400.611 - Interdisciplinary records of care; confidentiality; release of records. - (1) A hospice shall maintain an up-to-date, interdisciplinary record of...

Part V - Intermediate Care Facilities (Ss. 400.701, 400.801)

400.701 - Intermediate care facilities; intent. - History.—s. 38, ch. 89-294; s. 25, ch. 95-210.

400.801 - Homes for special services. - (1) As used in this section, the term: (a) “Agency”...

Part VI - Prescribed Pediatric Extended Care Centers (Ss. 400.901-400.916)

400.901 - Legislative intent. - History.—ss. 1, 17, ch. 87-290; s. 14, ch. 93-66; s....

400.902 - Definitions. - (1) “Prescribed pediatric extended care center,” hereinafter referred to as...

400.903 - PPEC centers to be licensed; exemptions. - (1) For the administration of this part, facilities to be...

400.905 - License required; fee; exemption. - (1) In addition to the requirements of part II of...

400.906 - Initial application for license; zoning. - History.—ss. 6, 17, ch. 87-290; ss. 4, 14, ch. 93-66;...

400.9065 - Background screening. - History.—s. 12, ch. 2010-114.

400.907 - Denial, suspension, revocation of licensure; administrative fines; grounds. - (1) In accordance with part II of chapter 408, the...

400.908 - Administrative fines; disposition of fees and fines. - (1)(a) If the agency determines that a PPEC center is...

400.912 - Closing of a PPEC center. - History.—ss. 12, 17, ch. 87-290; ss. 9, 14, ch. 93-66;...

400.914 - Rules establishing standards. - (1) Pursuant to the intention of the Legislature to provide...

400.915 - Construction and renovation; requirements. - (1) The provisions of chapter 553, which pertain to building...

400.916 - Prohibited acts; penalty for violation. - History.—ss. 16, 17, ch. 87-290; s. 14, ch. 93-66; s....

Part VII - Home Medical Equipment Providers (Ss. 400.92-400.957)

400.92 - Legislative intent. - History.—s. 1, ch. 99-189.

400.925 - Definitions. - (1) “Accrediting organization” means an organization whose standards incorporate licensure...

400.93 - Licensure required; exemptions; unlawful acts; penalties. - (1) Any person or entity that holds itself out to...

400.931 - Application for license; fee. - (1) In addition to the requirements of part II of...

400.932 - Administrative penalties. - (1) The agency may deny, revoke, and suspend a license...

400.933 - Licensure inspections and investigations. - (1) In addition to the requirements of s. 408.811, the...

400.934 - Minimum standards. - (1) Offer and provide home medical equipment and services, as...

400.935 - Rules establishing minimum standards. - (1) The qualifications and minimum training requirements of all home...

400.94 - Patient records. - (1) The home medical equipment provider must maintain, for each...

400.945 - Public records exemption. - History.—s. 1, ch. 99-317; s. 1, ch. 2004-304.

400.953 - Background screening of home medical equipment provider personnel. - History.—s. 1, ch. 99-189; s. 90, ch. 2000-349; s. 27,...

400.957 - Prohibited acts. - History.—s. 1, ch. 99-189.

Part VIII - Intermediate Care Facilities for Developmentally Disabled Persons (Ss. 400.960-400.969)

400.960 - Definitions. - (1) “Active treatment” means the provision of services by an...

400.962 - License required; license application. - (1) The requirements of part II of chapter 408 apply...

400.964 - Personnel screening requirement. - History.—s. 9, ch. 99-144; s. 93, ch. 2000-349; s. 11,...

400.966 - Receivership proceedings. - (1) The agency may petition a court of competent jurisdiction...

400.967 - Rules and classification of deficiencies. - (1) It is the intent of the Legislature that rules...

400.968 - Right of entry. - History.—s. 9, ch. 99-144; s. 37, ch. 2002-400; s. 119,...

400.9685 - Administration of medication. - (1) Notwithstanding the provisions of the Nurse Practice Act, part...

400.969 - Violation of part; penalties. - (1) In addition to the requirements of part II of...

Part IX - Health Care Services Pools (S. 400.980)

400.980 - Health care services pools. - (1) As used in this section, the term: (a) “Agency”...

Part X - Health Care Clinic Act (Ss. 400.990-400.995)

400.990 - Short title; legislative findings. - (1) This part, consisting of ss. 400.990-400.995, may be cited...

400.9905 - Definitions. - (1) “Agency” means the Agency for Health Care Administration. (2)...

400.991 - License requirements; background screenings; prohibitions. - (1)(a) The requirements of part II of chapter 408 apply...

400.9915 - Emergency suspension; costs. - (1) Failure by a clinic to employ a qualified medical...

400.9925 - Rulemaking authority; license fees. - (1) The agency shall adopt rules necessary to administer the...

400.9935 - Clinic responsibilities. - (1) Each clinic shall appoint a medical director or clinic...

400.995 - Agency administrative penalties. - (1) In addition to the requirements of part II of...

Part XI - Transitional Living Facilities (Ss. 400.997-400.9985)

400.997 - Legislative intent. - History.—s. 1, ch. 2015-25.

400.9971 - Definitions. - (1) “Agency” means the Agency for Health Care Administration. (2)...

400.9972 - License required; fee; application. - (1) The requirements of part II of chapter 408 apply...

400.9973 - Client admission, transfer, and discharge. - (1) A transitional living facility shall have written policies and...

400.9974 - Client comprehensive treatment plans; client services. - (1) A transitional living facility shall develop a comprehensive treatment...

400.9975 - Licensee responsibilities. - (1) The licensee shall ensure that each client: (a) Lives...

400.9976 - Administration of medication. - (1) An individual medication administration record must be maintained for...

400.9977 - Assistance with medication. - (1) Notwithstanding any provision of part I of chapter 464,...

400.9978 - Protection of clients from abuse, neglect, mistreatment, and exploitation. - (1) Screen each potential employee for a history of abuse,...

400.9979 - Restraint and seclusion; client safety. - (1) A facility shall provide a therapeutic milieu that supports...

400.998 - Personnel background screening; administration and management procedures. - (1) The agency shall require level 2 background screening for...

400.9981 - Property and personal affairs of clients. - (1) A client shall be given the option of using...

400.9982 - Rules establishing standards. - (1) It is the intent of the Legislature that rules...

400.9983 - Violations; penalties. - (1) Class “I” violations are defined in s. 408.813. The...

400.9984 - Receivership proceedings. - History.—s. 1, ch. 2015-25.

400.9985 - Interagency communication. - History.—s. 1, ch. 2015-25.

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Florida Statutes Title XXIX - Public Health Chapter 400 - Nursing Homes and Related Health Care Facilities

Florida Statutes
Title XXIX - Public Health
Chapter 400 - Nursing Homes and Related Health Care Facilities