reglab/housing_qa huggingface dataset:
FL Stat § 400.17 (2021)
2021 Florida Statutes|Title XXIX - Public Health|Chapter 400 - Nursing Homes and Related Health Care Facilities|Part II - Nursing Homes (Ss. 400.011-400.334)|400.17 - Bribes, kickbacks, certain solicitations prohibited.

400.17 Bribes, kickbacks, certain solicitations prohibited.—(1) As used in this section, the term:(a) “Bribe” means any consideration corruptly given, received, promised, solicited, or offered to any individual with intent or purpose to influence the performance of any act or omission.(b) “Kickback” means that part of the payment for items or services which is returned to the payor by the provider of such items or services with the intent or purpose to induce the payor to purchase the items or services from the provider.(2) Whoever furnishes items or services directly or indirectly to a nursing home resident and solicits, offers, or receives any:(a) Kickback or bribe in connection with the furnishing of such items or services or the making or receipt of such payment; or(b) Return of part of an amount given in payment for referring any such individual to another person for the furnishing of such items or services;is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or by fine not exceeding $5,000, or both.(3) No person shall, in connection with the solicitation of contributions to nursing homes, willfully misrepresent or mislead anyone, by any manner, means, practice, or device whatsoever, to believe that the receipts of such solicitation will be used for charitable purposes, if such is not the fact.(4) Solicitation of contributions of any kind in a threatening, coercive, or unduly forceful manner by or on behalf of a nursing home by any agent, employee, owner, or representative of a nursing home shall be grounds for denial, suspension, or revocation of the license for any nursing home on behalf of which such contributions were solicited.(5) The admission, maintenance, or treatment of a nursing home resident whose care is supported in whole or in part by state funds may not be made conditional upon the receipt of any manner of contribution or donation from any person. However, this may not be construed to prohibit the offer or receipt of contributions or donations to a nursing home which are not related to the care of a specific resident. Contributions solicited or received in violation of this subsection shall be grounds for denial, suspension, or revocation of a license for any nursing home on behalf of which such contributions were solicited.History.—s. 16, ch. 69-309; s. 16, ch. 70-361; s. 3, ch. 76-168; s. 3, ch. 76-201; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 22, 79, 83, ch. 83-181; s. 30, ch. 93-177; s. 49, ch. 93-217.
FL Stat § 400.175 (2021)
2021 Florida Statutes|Title XXIX - Public Health|Chapter 400 - Nursing Homes and Related Health Care Facilities|Part II - Nursing Homes (Ss. 400.011-400.334)|400.175 - Patients with Alzheimer’s disease or other related disorders; certain disclosures.

400.175 Patients with Alzheimer’s disease or other related disorders; certain disclosures.—A facility licensed under this part which claims that it provides special care for persons who have Alzheimer’s disease or other related disorders must disclose in its advertisements or in a separate document those services that distinguish the care as being especially applicable to, or suitable for, such persons. The facility must give a copy of all such advertisements or a copy of the document to each person who requests information about programs and services for persons with Alzheimer’s disease or other related disorders offered by the facility and must maintain a copy of all such advertisements and documents in its records. The agency shall examine all such advertisements and documents in the facility’s records as part of the license renewal procedure.History.—s. 1, ch. 93-105.
FL Stat § 400.176 (2021)
2021 Florida Statutes|Title XXIX - Public Health|Chapter 400 - Nursing Homes and Related Health Care Facilities|Part II - Nursing Homes (Ss. 400.011-400.334)|400.176 - Rebates prohibited; penalties.

400.176 Rebates prohibited; penalties.—(1) It is unlawful for any person to pay or receive any commission, bonus, kickback, or rebate or engage in any split-fee arrangement in any form whatsoever with any physician, surgeon, organization, agency, or person, either directly or indirectly, for residents referred to a nursing home licensed under this part.(2) The agency shall enforce subsection (1). In the case of an entity not licensed by the agency, administrative penalties may include:(a) A fine not to exceed $5,000; and(b) If applicable, a recommendation by the agency to the appropriate licensing board that disciplinary action be taken.History.—s. 2, ch. 79-106; s. 2, ch. 81-318; ss. 23, 79, 83, ch. 83-181; s. 30, ch. 93-177; ss. 22, 49, ch. 93-217; s. 47, ch. 2013-18.
FL Stat § 400.18 (2021)
2021 Florida Statutes|Title XXIX - Public Health|Chapter 400 - Nursing Homes and Related Health Care Facilities|Part II - Nursing Homes (Ss. 400.011-400.334)|400.18 - Closing of nursing facility.

400.18 Closing of nursing facility.—(1) In addition to the requirements of part II of chapter 408, the licensee also shall inform each resident or the next of kin, legal representative, or agency acting on behalf of the resident of the fact, and the proposed time, of discontinuance of operation and give at least 90 days’ notice so that suitable arrangements may be made for the transfer and care of the resident. In the event any resident has no such person to represent him or her, the licensee shall be responsible for securing a suitable transfer of the resident before the discontinuance of operation. The agency shall be responsible for arranging for the transfer of those residents requiring transfer who are receiving assistance under the Medicaid program.(2) A representative of the agency shall be placed in a facility 30 days before the voluntary discontinuance of operation, or immediately upon the determination by the agency that the licensee is discontinuing operation or that existing conditions or practices represent an immediate danger to the health, safety, or security of the residents in the facility, to:(a) Monitor the transfer of residents to other facilities.(b) Ensure that the rights of residents are protected.(c) Observe the operation of the facility.(d) Assist the management of the facility by advising the management on compliance with state and federal laws and rules.(e) Recommend further action by the agency.(3) The agency shall discontinue the monitoring of a facility pursuant to subsection (2) when:(a) All residents in the facility have been relocated; or(b) The agency determines that the conditions which gave rise to the placement of a representative of the agency in the facility no longer exist and the agency is reasonably assured that those conditions will not recur.History.—s. 17, ch. 69-309; ss. 19, 35, ch. 69-106; s. 15, ch. 70-361; s. 3, ch. 76-168; s. 4, ch. 76-201; s. 1, ch. 77-457; ss. 11, 18, ch. 80-186; ss. 2, 3, ch. 81-318; ss. 5, 22, ch. 82-182; ss. 25, 79, 83, ch. 83-181; s. 58, ch. 91-282; s. 30, ch. 93-177; ss. 24, 49, ch. 93-217; s. 770, ch. 95-148; s. 69, ch. 2007-230.
FL Stat § 400.20 (2021)
2021 Florida Statutes|Title XXIX - Public Health|Chapter 400 - Nursing Homes and Related Health Care Facilities|Part II - Nursing Homes (Ss. 400.011-400.334)|400.20 - Licensed nursing home administrator required.

400.20 Licensed nursing home administrator required.—No nursing home shall operate except under the supervision of a licensed nursing home administrator, and no person shall be a nursing home administrator unless he or she is the holder of a current license as provided in chapter 468.History.—s. 19, ch. 69-309; s. 18, ch. 70-361; s. 3, ch. 76-168; s. 242, ch. 77-147; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 28, 79, 83, ch. 83-181; s. 30, ch. 93-177; ss. 27, 49, ch. 93-217; s. 771, ch. 95-148.
FL Stat § 400.215 (2021)
2021 Florida Statutes|Title XXIX - Public Health|Chapter 400 - Nursing Homes and Related Health Care Facilities|Part II - Nursing Homes (Ss. 400.011-400.334)|400.215 - Personnel screening requirement.

400.215 Personnel screening requirement.—(1) The agency shall require level 2 background screening for personnel as required in s. 408.809(1)(e) pursuant to chapter 435 and s. 408.809.(2) The agency shall, as allowable, reimburse nursing facilities for the cost of conducting background screening as required by this section. This reimbursement is not subject to any rate ceilings or payment targets in the Medicaid Reimbursement plan.History.—s. 2, ch. 98-248; s. 16, ch. 99-394; s. 96, ch. 2000-318; s. 72, ch. 2000-349; s. 10, ch. 2004-267; s. 28, ch. 2006-197; s. 6, ch. 2010-114.
FL Stat § 400.232 (2021)
2021 Florida Statutes|Title XXIX - Public Health|Chapter 400 - Nursing Homes and Related Health Care Facilities|Part II - Nursing Homes (Ss. 400.011-400.334)|400.232 - Review and approval of plans; fees and costs.

400.232 Review and approval of plans; fees and costs.—The design, construction, erection, alteration, modification, repair, and demolition of all public and private health care facilities are governed by the Florida Building Code and the Florida Fire Prevention Code under ss. 553.73 and 633.206. In addition to the requirements of ss. 553.79 and 553.80, the agency shall review the facility plans and survey the construction of facilities licensed under this chapter.(1) The agency shall approve or disapprove the plans and specifications within 60 days after receipt of the final plans and specifications. The agency may be granted one 15-day extension for the review period, if the director of the agency so approves. If the agency fails to act within the specified time, it shall be deemed to have approved the plans and specifications. When the agency disapproves plans and specifications, it shall set forth in writing the reasons for disapproval. Conferences and consultations may be provided as necessary.(2) The agency may charge an initial fee of $2,000 for review of plans and construction on all projects, no part of which is refundable. The agency may also collect a fee, not to exceed 1 percent of the estimated construction cost or the actual cost of review, whichever is less, for the portion of the review which encompasses initial review through the initial revised construction document review. The agency is further authorized to collect its actual costs on all subsequent portions of the review and construction inspections. Initial fee payment shall accompany the initial submission of plans and specifications. Any subsequent payment that is due is payable upon receipt of the invoice from the agency. Notwithstanding any other law to the contrary, all money received by the agency pursuant to this section shall be trust funds, to be held and applied solely for the operations required under this section.History.—s. 22, ch. 69-309; ss. 19, 35, ch. 69-106; s. 19, ch. 70-361; s. 3, ch. 76-168; s. 7, ch. 76-201; s. 2, ch. 77-188; s. 1, ch. 77-457; ss. 8, 9, ch. 79-268; ss. 2, 3, ch. 81-318; ss. 30, 79, 83, ch. 83-181; s. 1, ch. 90-125; ss. 9, 77, ch. 91-282; s. 30, ch. 93-177; ss. 29, 49, ch. 93-217; s. 17, ch. 99-394; s. 30, ch. 2000-141; s. 34, ch. 2001-186; s. 3, ch. 2001-372; s. 135, ch. 2013-183.Note.—Former s. 400.23(11), (12).
FL Stat § 400.241 (2021)
2021 Florida Statutes|Title XXIX - Public Health|Chapter 400 - Nursing Homes and Related Health Care Facilities|Part II - Nursing Homes (Ss. 400.011-400.334)|400.241 - Prohibited acts; penalties for violations.

400.241 Prohibited acts; penalties for violations.—(1) It is unlawful for any person, long-term care facility, or other entity to willfully interfere with the unannounced inspections mandated by s. 400.19(3) or part II of chapter 408. Alerting or advising a facility of the actual or approximate date of such inspection shall be a per se violation of this subsection.(2) A violation of any provision of this part or of any minimum standard, rule, or regulation adopted pursuant thereto constitutes a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. Each day of a continuing violation is a separate offense.History.—s. 11, ch. 70-361; s. 347, ch. 71-136; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 31, 79, 83, ch. 83-181; s. 30, ch. 93-177; s. 49, ch. 93-217; s. 19, ch. 99-394; s. 73, ch. 2007-230.
FL Stat § 400.25 (2021)
2021 Florida Statutes|Title XXIX - Public Health|Chapter 400 - Nursing Homes and Related Health Care Facilities|Part II - Nursing Homes (Ss. 400.011-400.334)|400.25 - Educational program authorized.

400.25 Educational program authorized.—The agency may conduct a clinic or seminar at such times and places as shall be convenient for the greatest number at which information may be offered in the general field of health education, management, and other subjects that will increase the knowledge and efficiency of applicants or licensees under this part. The board must approve the educational content of such clinic or seminar if it is intended to satisfy the educational requirements of the board.History.—s. 24, ch. 69-309; ss. 19, 35, ch. 69-106; s. 21, ch. 70-361; s. 3, ch. 76-168; s. 243, ch. 77-147; s. 1, ch. 77-457; s. 252, ch. 81-259; ss. 2, 3, ch. 81-318; ss. 79, 83, ch. 83-181; s. 30, ch. 93-177; ss. 30, 49, ch. 93-217.
FL Stat § 400.275 (2021)
2021 Florida Statutes|Title XXIX - Public Health|Chapter 400 - Nursing Homes and Related Health Care Facilities|Part II - Nursing Homes (Ss. 400.011-400.334)|400.275 - Agency duties.

400.275 Agency duties.—(1) The agency may not assign an individual to be a member of a survey team for purposes of a survey, evaluation, or consultation visit at a nursing home facility in which the surveyor was an employee within the preceding 2 years.(2) The agency shall semiannually provide for joint training of nursing home surveyors and staff of facilities licensed under this part on at least one of the 10 federal citations that were most frequently issued against nursing facilities in this state during the previous calendar year.(3) Each member of a nursing home survey team who is a health professional licensed under part I of chapter 464, part X of chapter 468, or chapter 491 shall earn not less than 50 percent of required continuing education credits in geriatric care. Each member of a nursing home survey team who is a health professional licensed under chapter 465 shall earn not less than 30 percent of required continuing education credits in geriatric care.(4) The agency must ensure that when a deficiency is related to substandard quality of care, a physician with geriatric experience licensed under chapter 458 or chapter 459 or a registered nurse with geriatric experience licensed under chapter 464 participates in the agency’s informal dispute resolution process.History.—s. 32, ch. 2001-45; s. 11, ch. 2012-160.
FL Stat § 400.33 (2021)
2021 Florida Statutes|Title XXIX - Public Health|Chapter 400 - Nursing Homes and Related Health Care Facilities|Part II - Nursing Homes (Ss. 400.011-400.334)|400.33 - Legislative intent; community-based care for the elderly.

400.33 Legislative intent; community-based care for the elderly.—It is the intent of the Legislature to encourage the development of programs for community-based care for the elderly as an alternative to institutionalization. The Legislature finds and declares that routine health care provided on an outpatient basis is one such program, the availability of which would fill an unmet need, improve the quality and quantity of health care available to elderly persons while minimizing the cost of such care, and reduce the incidence of unnecessary or premature institutionalization of elderly persons. The purpose of this section and s. 400.332 is to encourage the development of geriatric outpatient nurse clinics to make such services available. The Legislature intends that existing and available nursing facility treatment rooms be used for geriatric outpatient nurse clinics in order that the cost of such programs be kept low.History.—s. 1, ch. 77-401; s. 2, ch. 81-318; ss. 79, 83, ch. 83-181; s. 30, ch. 93-177; ss. 33, 49, ch. 93-217.
FL Stat § 400.332 (2021)
2021 Florida Statutes|Title XXIX - Public Health|Chapter 400 - Nursing Homes and Related Health Care Facilities|Part II - Nursing Homes (Ss. 400.011-400.334)|400.332 - Funds received not revenues for purpose of Medicaid program.

400.332 Funds received not revenues for purpose of Medicaid program.—Any funds received by a nursing home in connection with its participation in the geriatric outpatient nurse clinic program shall not be considered as revenues for purposes of cost reports under the Medicaid program.History.—s. 4, ch. 77-401; s. 2, ch. 81-318; ss. 79, 83, ch. 83-181; s. 59, ch. 91-282; s. 30, ch. 93-177; s. 49, ch. 93-217.
FL Stat § 400.334 (2021)
2021 Florida Statutes|Title XXIX - Public Health|Chapter 400 - Nursing Homes and Related Health Care Facilities|Part II - Nursing Homes (Ss. 400.011-400.334)|400.334 - Activity relating to unions by nursing home employees.

400.334 Activity relating to unions by nursing home employees.—(1) Participation by an employee of a nursing home in any activity that assists, promotes, deters, or discourages union organizing shall not be allowed during any time the employee is counted in staffing calculations for minimum staffing standards.(2) Salaries paid by any health care provider to an employee for any activity that assists, promotes, deters, or discourages union organizing shall not be an allowable cost for Medicaid cost reporting purposes.(3) Any expense, including, but not limited to, legal and consulting fees and salaries of supervisors and employees, incurred for activities directly relating to influencing employees with respect to unionization shall not be an allowable cost for Medicaid cost reporting purposes.(4) This section does not apply to any activity performed, or any expense incurred, in connection with:(a) Addressing a grievance or negotiating or administering a collective bargaining agreement;(b) Performing an activity required by federal or state law or by a collective bargaining agreement; or(c) Keeping employees informed of issues and keeping lines of communication open between employees and employers as a part of normal personnel management,provided such activities or expenses are not directly related to influencing employees with respect to unionization.History.—s. 1, ch. 2002-231.
FL Stat § 400.461 (2021)
2021 Florida Statutes|Title XXIX - Public Health|Chapter 400 - Nursing Homes and Related Health Care Facilities|Part III - Home Health Services (Ss. 400.461-400.53)|400.461 - Short title; purpose.

400.461 Short title; purpose.—(1) This part, consisting of ss. 400.461-400.53, may be cited as the “Home Health Services Act.”(2) The purpose of this part is to provide for the licensure of every home health agency and nurse registry and to provide for the development, establishment, and enforcement of basic standards that will ensure the safe and adequate care of persons receiving health services in their own homes.History.—ss. 36, 37, ch. 75-233; s. 2, ch. 81-318; ss. 61, 79, 83, ch. 83-181; s. 1, ch. 88-219; s. 1, ch. 90-319; ss. 1, 23, ch. 93-214; s. 47, ch. 98-171; s. 1, ch. 2005-243; s. 3, ch. 2020-9.
FL Stat § 400.484 (2021)
2021 Florida Statutes|Title XXIX - Public Health|Chapter 400 - Nursing Homes and Related Health Care Facilities|Part III - Home Health Services (Ss. 400.461-400.53)|400.484 - Right of inspection; violations; fines.

400.484 Right of inspection; violations; fines.—(1) In addition to the requirements of s. 408.811, the agency may make such inspections and investigations as are necessary in order to determine the state of compliance with this part, part II of chapter 408, and applicable rules.(2) The agency shall impose fines for various classes of violations in accordance with the following schedule:(a) Class I violations are as provided in s. 408.813. Upon finding a class I violation, the agency shall impose an administrative fine in the amount of $15,000 for each occurrence and each day that the violation exists.(b) Class II violations are as provided in s. 408.813. Upon finding a class II violation, the agency shall impose an administrative fine in the amount of $5,000 for each occurrence and each day that the violation exists.(c) Class III violations are as provided in s. 408.813. Upon finding an uncorrected or repeated class III violation, the agency shall impose an administrative fine not to exceed $1,000 for each occurrence and each day that the uncorrected or repeated violation exists.(d) Class IV violations are as provided in s. 408.813. These violations are of a type that the agency determines do not threaten the health, safety, or security of patients. Upon finding an uncorrected or repeated class IV violation, the agency shall impose an administrative fine not to exceed $500 for each occurrence and each day that the uncorrected or repeated violation exists.(3) In addition to any other penalties imposed pursuant to this section or part, the agency may assess costs related to an investigation that results in a successful prosecution, excluding costs associated with an attorney’s time.History.—s. 45, ch. 75-233; s. 2, ch. 81-318; ss. 79, 83, ch. 83-181; ss. 8, 23, ch. 93-214; s. 5, ch. 99-332; s. 158, ch. 2000-318; s. 77, ch. 2007-230; s. 6, ch. 2008-246; s. 50, ch. 2018-24.
FL Stat § 400.489 (2021)
2021 Florida Statutes|Title XXIX - Public Health|Chapter 400 - Nursing Homes and Related Health Care Facilities|Part III - Home Health Services (Ss. 400.461-400.53)|400.489 - Administration of medication by a home health aide; staff training requirements.

400.489 Administration of medication by a home health aide; staff training requirements.—(1) A home health aide may administer oral, transdermal, ophthalmic, otic, rectal, inhaled, enteral, or topical prescription medications if the home health aide has been delegated such task by a registered nurse licensed under chapter 464, has satisfactorily completed an initial 6-hour training course approved by the agency, and has been found competent to administer medication to a patient in a safe and sanitary manner. The training, determination of competency, and initial and annual validations required in this section shall be conducted by a registered nurse licensed under chapter 464 or a physician licensed under chapter 458 or chapter 459.(2) A home health aide must annually and satisfactorily complete a 2-hour inservice training course approved by the agency in medication administration and medication error prevention. The inservice training course shall be in addition to the annual inservice training hours required by agency rules.(3) The agency, in consultation with the Board of Nursing, shall establish by rule standards and procedures that a home health aide must follow when administering medication to a patient. Such rules must, at a minimum, address qualification requirements for trainers, requirements for labeling medication, documentation and recordkeeping, the storage and disposal of medication, instructions concerning the safe administration of medication, informed-consent requirements and records, and the training curriculum and validation procedures.History.—s. 7, ch. 2020-9.
FL Stat § 400.490 (2021)
2021 Florida Statutes|Title XXIX - Public Health|Chapter 400 - Nursing Homes and Related Health Care Facilities|Part III - Home Health Services (Ss. 400.461-400.53)|400.490 - Nurse-delegated tasks.

400.490 Nurse-delegated tasks.—A certified nursing assistant or home health aide may perform any task delegated by a registered nurse as authorized in this part and in chapter 464, including, but not limited to, medication administration.History.—s. 8, ch. 2020-9.