reglab/housing_qa huggingface dataset:
FL Stat § 408.70 (2021)
2021 Florida Statutes|Title XXIX - Public Health|Chapter 408 - Health Care Administration|Part I - Health Facility and Services Planning (Ss. 408.031-408.7071)|408.70 - Health care; managed competition; legislative findings and intent.

408.70 Health care; managed competition; legislative findings and intent.—(1) The Legislature finds that the current health care system in this state does not provide access to affordable health care for all persons in this state. Almost one in five persons is without health insurance. For many, entry into the health care system is through a hospital emergency room rather than a primary care setting. The availability of preventive and primary care and managed, family-based care is limited. Health insurance underwriting practices have led to the avoidance, rather than to the sharing, of insurance risks, limiting access to coverages for small-sized employer groups and high-risk populations. Spiraling premium costs have placed health insurance policies out of the reach of many small-sized and medium-sized businesses and their employees. Lack of outcome and cost information has forced individuals and businesses to make critical health care decisions with little guidance or leverage. Health care resources have not been allocated efficiently, leading to excess and unevenly distributed capacity. These factors have contributed to the high cost of health care. Rural and other medically underserved areas have too few health care resources. Comprehensive, first-dollar coverages have allowed individuals to seek care without regard to cost. Provider competition and liability concerns have led to a medical technology arms race. Rather than competing on the basis of price and patient outcome, health care providers compete for patients on the basis of service, equipping themselves with the latest and best technologies. Managed-care and group-purchasing mechanisms are not widely available to small group purchasers. Health care regulation has placed undue burdens on health care insurers and providers, driving up costs, limiting competition, and preventing market-based solutions to cost and quality problems. Health care costs have been increasing at several times the rate of general inflation, eroding employer profits and investments, increasing government revenue requirements, reducing consumer coverages and purchasing power, and limiting public investments in other vital governmental services.(2) It is the intent of the Legislature that a structured health care competition model, known as “managed competition,” be implemented throughout the state to improve the efficiency of the health care markets in this state. The managed competition model will promote the pooling of purchaser and consumer buying power; ensure informed cost-conscious consumer choice of managed care plans; reward providers for high-quality, economical care; increase access to care for uninsured persons; and control the rate of inflation in health care costs.History.—s. 66, ch. 93-129; s. 60, ch. 2000-256; s. 11, ch. 2000-296.
FL Stat § 408.7071 (2021)
2021 Florida Statutes|Title XXIX - Public Health|Chapter 408 - Health Care Administration|Part I - Health Facility and Services Planning (Ss. 408.031-408.7071)|408.7071 - Standardized claim form.

408.7071 Standardized claim form.—The Agency for Health Care Administration shall develop a standardized claim form to be used by insurers and health care providers licensed in this state.History.—s. 81, ch. 93-129; s. 41, ch. 97-103; s. 60, ch. 2000-158; s. 18, ch. 2000-209.
FL Stat § 408.801 (2021)
2021 Florida Statutes|Title XXIX - Public Health|Chapter 408 - Health Care Administration|Part II - Health Care Licensing: General Provisions (Ss. 408.801-408.832)|408.801 - Short title; purpose.

408.801 Short title; purpose.—(1) This part may be cited as the “Health Care Licensing Procedures Act.”(2) The Legislature finds that there is unnecessary duplication and variation in the requirements for licensure by the agency. It is the intent of the Legislature to provide a streamlined and consistent set of basic licensing requirements for all such providers in order to minimize confusion, standardize terminology, and include issues that are otherwise not adequately addressed in the Florida Statutes pertaining to specific providers.History.—s. 5, ch. 2006-192.
FL Stat § 408.802 (2021)
2021 Florida Statutes|Title XXIX - Public Health|Chapter 408 - Health Care Administration|Part II - Health Care Licensing: General Provisions (Ss. 408.801-408.832)|408.802 - Applicability.

408.802 Applicability.—This part applies to the provision of services that require licensure as defined in this part and to the following entities licensed, registered, or certified by the agency, as described in chapters 112, 383, 390, 394, 395, 400, 429, 440, and 765:(1) Laboratories authorized to perform testing under the Drug-Free Workplace Act, as provided under ss. 112.0455 and 440.102.(2) Birth centers, as provided under chapter 383.(3) Abortion clinics, as provided under chapter 390.(4) Crisis stabilization units, as provided under parts I and IV of chapter 394.(5) Short-term residential treatment facilities, as provided under parts I and IV of chapter 394.(6) Residential treatment facilities, as provided under part IV of chapter 394.(7) Residential treatment centers for children and adolescents, as provided under part IV of chapter 394.(8) Hospitals, as provided under part I of chapter 395.(9) Ambulatory surgical centers, as provided under part I of chapter 395.(10) Nursing homes, as provided under part II of chapter 400.(11) Assisted living facilities, as provided under part I of chapter 429.(12) Home health agencies, as provided under part III of chapter 400.(13) Nurse registries, as provided under part III of chapter 400.(14) Companion services or homemaker services providers, as provided under part III of chapter 400.(15) Adult day care centers, as provided under part III of chapter 429.(16) Hospices, as provided under part IV of chapter 400.1(17) Adult family-care homes, as provided under part II of chapter 429.(18) Homes for special services, as provided under part V of chapter 400.(19) Transitional living facilities, as provided under part XI of chapter 400.(20) Prescribed pediatric extended care centers, as provided under part VI of chapter 400.(21) Home medical equipment providers, as provided under part VII of chapter 400.(22) Intermediate care facilities for persons with developmental disabilities, as provided under part VIII of chapter 400.(23) Health care services pools, as provided under part IX of chapter 400.(24) Health care clinics, as provided under part X of chapter 400.1(25) Organ, tissue, and eye procurement organizations, as provided under part V of chapter 765.History.—s. 5, ch. 2006-192; s. 89, ch. 2007-5; s. 132, ch. 2007-230; s. 19, ch. 2009-218; s. 23, ch. 2012-160; s. 9, ch. 2015-25; s. 68, ch. 2018-24; s. 73, ch. 2019-3; s. 26, ch. 2020-156.1Note.—Section 11, ch. 2006-192, provides that “[a]ll provisions that apply to the entities specified in s. 408.802, Florida Statutes, as created by this act, in effect on October 1, 2006, that provide for annual licensure fees are hereby adjusted to provide for biennial licensure fees with a corresponding doubling of the amount.”
FL Stat § 408.804 (2021)
2021 Florida Statutes|Title XXIX - Public Health|Chapter 408 - Health Care Administration|Part II - Health Care Licensing: General Provisions (Ss. 408.801-408.832)|408.804 - License required; display.

408.804 License required; display.—(1) It is unlawful to provide services that require licensure, or operate or maintain a provider that offers or provides services that require licensure, without first obtaining from the agency a license authorizing the provision of such services or the operation or maintenance of such provider.(2) A license must be displayed in a conspicuous place readily visible to clients who enter at the address that appears on the license and is valid only in the hands of the licensee to whom it is issued and may not be sold, assigned, or otherwise transferred, voluntarily or involuntarily. The license is valid only for the licensee, provider, and location for which the license is issued.(3) Any person who knowingly alters, defaces, or falsifies a license certificate issued by the agency, or causes or procures any person to commit such an offense, commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. Any licensee or provider who displays an altered, defaced, or falsified license certificate is subject to the penalties set forth in s. 408.815 and an administrative fine of $1,000 for each day of illegal display.History.—s. 5, ch. 2006-192; s. 24, ch. 2012-160.
FL Stat § 408.805 (2021)
2021 Florida Statutes|Title XXIX - Public Health|Chapter 408 - Health Care Administration|Part II - Health Care Licensing: General Provisions (Ss. 408.801-408.832)|408.805 - Fees required; adjustments.

408.805 Fees required; adjustments.—Unless otherwise limited by authorizing statutes, license fees must be reasonably calculated by the agency to cover its costs in carrying out its responsibilities under this part, authorizing statutes, and applicable rules, including the cost of licensure, inspection, and regulation of providers.(1) Licensure fees shall be adjusted to provide for biennial licensure under agency rules.(2) The agency shall annually adjust licensure fees, including fees paid per bed, by not more than the change in the Consumer Price Index based on the 12 months immediately preceding the increase.(3) An inspection fee must be paid as required in authorizing statutes.(4) Fees are nonrefundable.(5) When a change is reported that requires issuance of a license, a fee may be assessed. The fee must be based on the actual cost of processing and issuing the license.(6) A fee may be charged to a licensee requesting a duplicate license. The fee may not exceed the actual cost of duplication and postage.(7) Total fees collected may not exceed the cost of administering this part, authorizing statutes, and applicable rules.History.—s. 5, ch. 2006-192.
FL Stat § 408.807 (2021)
2021 Florida Statutes|Title XXIX - Public Health|Chapter 408 - Health Care Administration|Part II - Health Care Licensing: General Provisions (Ss. 408.801-408.832)|408.807 - Change of ownership.

408.807 Change of ownership.—Whenever a change of ownership occurs:(1) The transferor shall notify the agency in writing at least 60 days before the anticipated date of the change of ownership.(2) The transferee shall make application to the agency for a license within the timeframes required in s. 408.806.(3) The transferor shall be responsible and liable for:(a) The lawful operation of the provider and the welfare of the clients served until the date the transferee is licensed by the agency.(b) Any and all penalties imposed against the transferor for violations occurring before the date of change of ownership.(4) Any restriction on licensure, including a conditional license existing at the time of a change of ownership, shall remain in effect until the agency determines that the grounds for the restriction are corrected.(5) The transferee shall maintain records of the transferor as required in this part, authorizing statutes, and applicable rules, including:(a) All client records.(b) Inspection reports.(c) All records required to be maintained pursuant to s. 409.913, if applicable.History.—s. 5, ch. 2006-192.
FL Stat § 408.812 (2021)
2021 Florida Statutes|Title XXIX - Public Health|Chapter 408 - Health Care Administration|Part II - Health Care Licensing: General Provisions (Ss. 408.801-408.832)|408.812 - Unlicensed activity.

408.812 Unlicensed activity.—(1) A person or entity may not offer or advertise services that require licensure as defined by this part, authorizing statutes, or applicable rules to the public without obtaining a valid license from the agency. A licenseholder may not advertise or hold out to the public that he or she holds a license for other than that for which he or she actually holds the license.(2) The operation or maintenance of an unlicensed provider or the performance of any services that require licensure without proper licensure is a violation of this part and authorizing statutes. Unlicensed activity constitutes harm that materially affects the health, safety, and welfare of clients, and constitutes abuse and neglect, as defined in s. 415.102. The agency or any state attorney may, in addition to other remedies provided in this part, bring an action for an injunction to restrain such violation, or to enjoin the future operation or maintenance of the unlicensed provider or the performance of any services in violation of this part and authorizing statutes, until compliance with this part, authorizing statutes, and agency rules has been demonstrated to the satisfaction of the agency.(3) It is unlawful for any person or entity to own, operate, or maintain an unlicensed provider. If after receiving notification from the agency, such person or entity fails to cease operation, the person or entity is subject to penalties as prescribed by authorizing statutes and applicable rules. Each day of operation is a separate offense.(4) Any person or entity that fails to cease operation after agency notification may be fined $1,000 for each day of noncompliance.(5) When a controlling interest or licensee has an interest in more than one provider and fails to license a provider rendering services that require licensure, the agency may revoke all licenses, impose actions under s. 408.814, and regardless of correction, impose a fine of $1,000 per day, unless otherwise specified by authorizing statutes, against each licensee until such time as the appropriate license is obtained or the unlicensed activity ceases.(6) In addition to granting injunctive relief pursuant to subsection (2), if the agency determines that a person or entity is operating or maintaining a provider without obtaining a license and determines that a condition exists that poses a threat to the health, safety, or welfare of a client of the provider, the person or entity is subject to the same actions and fines imposed against a licensee as specified in this part, authorizing statutes, and agency rules.(7) Any person aware of the operation of an unlicensed provider must report that provider to the agency.History.—s. 5, ch. 2006-192; s. 73, ch. 2018-24.
FL Stat § 408.814 (2021)
2021 Florida Statutes|Title XXIX - Public Health|Chapter 408 - Health Care Administration|Part II - Health Care Licensing: General Provisions (Ss. 408.801-408.832)|408.814 - Moratorium; emergency suspension.

408.814 Moratorium; emergency suspension.—(1) The agency may impose an immediate moratorium or emergency suspension as defined in s. 120.60 on any provider if the agency determines that any condition related to the provider or licensee presents a threat to the health, safety, or welfare of a client.(2) A provider or licensee, the license of which is denied or revoked, may be subject to immediate imposition of a moratorium or emergency suspension to run concurrently with licensure denial, revocation, or injunction.(3) A moratorium or emergency suspension remains in effect after a change of ownership, unless the agency has determined that the conditions that created the moratorium, emergency suspension, or denial of licensure have been corrected.(4) When a moratorium or emergency suspension is placed on a provider or licensee, notice of the action shall be posted and visible to the public at the location of the provider until the action is lifted.History.—s. 5, ch. 2006-192.
FL Stat § 408.816 (2021)
2021 Florida Statutes|Title XXIX - Public Health|Chapter 408 - Health Care Administration|Part II - Health Care Licensing: General Provisions (Ss. 408.801-408.832)|408.816 - Injunctions.

408.816 Injunctions.—(1) In addition to the other powers provided by this part, authorizing statutes, and applicable rules, the agency may institute injunction proceedings in a court of competent jurisdiction to:(a) Restrain or prevent the establishment or operation of a provider that does not have a license or is in violation of any provision of this part, authorizing statutes, or applicable rules. The agency may also institute injunction proceedings in a court of competent jurisdiction when a violation of this part, authorizing statutes, or applicable rules constitutes an emergency affecting the immediate health and safety of a client.(b) Enforce the provisions of this part, authorizing statutes, or any minimum standard, rule, or order issued or entered into pursuant thereto when the attempt by the agency to correct a violation through administrative sanctions has failed or when the violation materially affects the health, safety, or welfare of clients or involves any operation of an unlicensed provider.(c) Terminate the operation of a provider when a violation of any provision of this part, authorizing statutes, or any standard or rule adopted pursuant thereto exists that materially affects the health, safety, or welfare of a client.Such injunctive relief may be temporary or permanent.(2) If action is necessary to protect clients of providers from immediate, life-threatening situations, the court may allow a temporary injunction without bond upon proper proofs being made. If it appears by competent evidence or a sworn, substantiated affidavit that a temporary injunction should be issued, the court, pending the determination on final hearing, shall enjoin the operation of the provider.History.—s. 5, ch. 2006-192.
FL Stat § 408.817 (2021)
2021 Florida Statutes|Title XXIX - Public Health|Chapter 408 - Health Care Administration|Part II - Health Care Licensing: General Provisions (Ss. 408.801-408.832)|408.817 - Administrative proceedings.

408.817 Administrative proceedings.—Administrative proceedings challenging agency licensure enforcement action shall be reviewed on the basis of the facts and conditions that resulted in the agency action.History.—s. 5, ch. 2006-192.
FL Stat § 408.818 (2021)
2021 Florida Statutes|Title XXIX - Public Health|Chapter 408 - Health Care Administration|Part II - Health Care Licensing: General Provisions (Ss. 408.801-408.832)|408.818 - Health Care Trust Fund.

408.818 Health Care Trust Fund.—Unless otherwise prescribed by authorizing statutes, all fees and fines collected under this part, authorizing statutes, and applicable rules shall be deposited into the Health Care Trust Fund, created in s. 408.16, and used to pay the costs of the agency in administering the provider program paying the fees or fines.History.—s. 5, ch. 2006-192.
FL Stat § 408.819 (2021)
2021 Florida Statutes|Title XXIX - Public Health|Chapter 408 - Health Care Administration|Part II - Health Care Licensing: General Provisions (Ss. 408.801-408.832)|408.819 - Rules.

408.819 Rules.—The agency is authorized to adopt rules as necessary to administer this part. Any licensed provider that is in operation at the time of adoption of any applicable rule under this part or authorizing statutes shall be given a reasonable time under the particular circumstances, not to exceed 6 months after the date of such adoption, within which to comply with such rule, unless otherwise specified by rule.History.—s. 5, ch. 2006-192.
FL Stat § 408.822 (2021)
2021 Florida Statutes|Title XXIX - Public Health|Chapter 408 - Health Care Administration|Part II - Health Care Licensing: General Provisions (Ss. 408.801-408.832)|408.822 - Direct care workforce survey.

408.822 Direct care workforce survey.—(1) For purposes of this section, the term “direct care worker” means a certified nursing assistant, a home health aide, a personal care assistant, a companion services or homemaker services provider, a paid feeding assistant trained under s. 400.141(1)(v), or another individual who provides personal care as defined in s. 400.462 to individuals who are elderly, developmentally disabled, or chronically ill.(2) Beginning January 1, 2021, each licensee that applies for licensure renewal as a nursing home facility licensed under part II of chapter 400, an assisted living facility licensed under part I of chapter 429, or a home health agency or companion services or homemaker services provider licensed under part III of chapter 400 shall furnish all of the following information to the agency in a survey on the direct care workforce:(a) The number of registered nurses and the number of direct care workers by category employed by the licensee.(b) The turnover and vacancy rates of registered nurses and direct care workers and the contributing factors to these rates.(c) The average employee wage for registered nurses and each category of direct care worker.(d) Employment benefits for registered nurses and direct care workers and the average cost of such benefits to the employer and the employee.(e) Type and availability of training for registered nurses and direct care workers.(3) An administrator or designee shall include the information required in subsection (2) on a survey form developed by the agency by rule which must contain an attestation that the information provided is true and accurate to the best of his or her knowledge.(4) The licensee must submit the completed survey before the agency issues the license renewal.(5) The agency shall continually analyze the results of the surveys and publish the results on its website. The agency shall update the information published on its website monthly.History.—s. 11, ch. 2020-9.
FL Stat § 408.831 (2021)
2021 Florida Statutes|Title XXIX - Public Health|Chapter 408 - Health Care Administration|Part II - Health Care Licensing: General Provisions (Ss. 408.801-408.832)|408.831 - Denial, suspension, or revocation of a license, registration, certificate, or application.

408.831 Denial, suspension, or revocation of a license, registration, certificate, or application.—(1) In addition to any other remedies provided by law, the agency may deny each application or suspend or revoke each license, registration, or certificate of entities regulated or licensed by it:(a) If the applicant, licensee, or a licensee subject to this part which shares a common controlling interest with the applicant has failed to pay all outstanding fines, liens, or overpayments assessed by final order of the agency or final order of the Centers for Medicare and Medicaid Services, not subject to further appeal, unless a repayment plan is approved by the agency; or(b) For failure to comply with any repayment plan.(2) In reviewing any application requesting a change of ownership or change of the licensee, registrant, or certificateholder, the transferor shall, prior to agency approval of the change, repay or make arrangements to repay any amounts owed to the agency. Should the transferor fail to repay or make arrangements to repay the amounts owed to the agency, the issuance of a license, registration, or certificate to the transferee shall be delayed until repayment or until arrangements for repayment are made.(3) This section provides standards of enforcement applicable to all entities licensed or regulated by the Agency for Health Care Administration. This section controls over any conflicting provisions of chapters 39, 383, 390, 391, 394, 395, 400, 408, 429, 468, and 765 or rules adopted pursuant to those chapters.History.—s. 12, ch. 2002-400; s. 32, ch. 2003-57; s. 28, ch. 2006-71; s. 9, ch. 2006-192; s. 78, ch. 2006-197; s. 55, ch. 2009-223; s. 34, ch. 2020-156.
FL Stat § 408.832 (2021)
2021 Florida Statutes|Title XXIX - Public Health|Chapter 408 - Health Care Administration|Part II - Health Care Licensing: General Provisions (Ss. 408.801-408.832)|408.832 - Conflicts.

408.832 Conflicts.—In case of conflict between this part and the authorizing statutes governing the licensure of health care providers by the Agency for Health Care Administration found in s. 112.0455 and chapters 383, 390, 394, 395, 400, 429, 440, and 765, this part shall prevail.History.—s. 10, ch. 2006-192; s. 93, ch. 2007-5; s. 133, ch. 2007-230; s. 35, ch. 2020-156.