reglab/statecodes huggingface dataset:
2023 Florida Statutes › Title XXIX - Public Health › Chapter 400 - Nursing Homes and Related Health Care Facilities › Part I - Long-Term Care Facilities: Ombudsman Program (Ss. 400.0060-400.0091) › 400.0077 - Confidentiality.

400.0077 Confidentiality.—
(1) The following are confidential and exempt from the provisions of s. 119.07(1):
(a) Resident records held by the ombudsman or by the state or a local ombudsman council.
(b) The names or identities of the complainants or residents involved in a complaint, including any problem identified by an ombudsman council as a result of an investigation, unless:
1. The complainant or resident, or the legal representative of the complainant or resident, consents to the disclosure in writing;
2. The complainant or resident consents orally and the consent is documented contemporaneously in writing by the ombudsman council requesting such consent; or
3. The disclosure is required by court order.
(c) Any other information about a complaint, including any problem identified by an ombudsman council as a result of an investigation, unless an ombudsman council determines that the information does not meet any of the criteria specified in
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s. 119.14(4)(b); or unless the information is to collect data for submission to those entities specified in s. 712(c) of the federal Older Americans Act for the purpose of identifying and resolving significant problems.
(2) That portion of an ombudsman council meeting in which an ombudsman council discusses information that is confidential and exempt from the provisions of s. 119.07(1) is closed to the public and exempt from the provisions of s. 286.011.
(3) All other matters before the council shall be open to the public and subject to chapter 119 and s. 286.011.
(4) Members of any state or local ombudsman council shall not be required to testify in any court with respect to matters held to be confidential under s. 429.14 except as may be necessary to enforce the provisions of this act.
(5) Subject to the provisions of this section, the Office of State Long-Term Care Ombudsman shall adopt rules for the disclosure by the ombudsman or local ombudsman councils of files maintained by the program.
(6) This section does not limit the subpoena power of the Attorney General pursuant to s. 409.920(10)(b).
History.—ss. 31, 32, ch. 75-233; s. 3, ch. 76-168; s. 12, ch. 77-401; s. 1, ch. 77-457; ss. 10, 12, ch. 80-198; ss. 4, 6, ch. 81-184; ss. 2, 3, ch. 81-318; s. 4, ch. 82-46; ss. 39, 79, 83, ch. 83-181; s. 18, ch. 90-347; ss. 9, 29, 30, ch. 93-177; s. 49, ch. 93-217; s. 225, ch. 96-406; s. 3, ch. 2000-163; s. 129, ch. 2000-349; s. 49, ch. 2000-367; s. 18, ch. 2004-344; s. 23, ch. 2006-197; s. 33, ch. 2009-223.
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Note.—Repealed by s. 1, ch. 95-217.
Note.—Former s. 400.321.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 400 - Nursing Homes and Related Health Care Facilities › Part I - Long-Term Care Facilities: Ombudsman Program (Ss. 400.0060-400.0091) › 400.0078 - Citizen access to State Long-Term Care Ombudsman Program services.

400.0078 Citizen access to State Long-Term Care Ombudsman Program services.—
(1) The office shall establish a statewide toll-free telephone number and e-mail address for receiving complaints concerning matters adversely affecting the health, safety, welfare, or rights of residents.
(2) Upon admission to a long-term care facility, each resident or representative of a resident must receive information regarding:
(a) The purpose of the State Long-Term Care Ombudsman Program.
(b) The statewide toll-free telephone number and e-mail address for receiving complaints.
(c) Information that retaliatory action cannot be taken against a resident for presenting grievances or for exercising any other resident right.
(d) Other relevant information regarding how to contact representatives of the State Long-Term Care Ombudsman Program.
Each resident or his or her representative must be furnished additional copies of this information upon request.
History.—s. 4, ch. 99-394; s. 13, ch. 2006-121; s. 12, ch. 2015-31; s. 3, ch. 2015-126.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 400 - Nursing Homes and Related Health Care Facilities › Part I - Long-Term Care Facilities: Ombudsman Program (Ss. 400.0060-400.0091) › 400.0079 - Immunity.

400.0079 Immunity.—
(1) Any person making a complaint pursuant to this part who does so in good faith shall be immune from any liability, civil or criminal, that otherwise might be incurred or imposed as a direct or indirect result of making the complaint.
(2) Representatives of the State Long-Term Care Ombudsman Program are immune from any liability, civil or criminal, that otherwise might be incurred or imposed during the good faith performance of official duties.
History.—s. 33, ch. 75-233; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 79, 83, ch. 83-181; ss. 10, 29, 30, ch. 93-177; s. 49, ch. 93-217; s. 130, ch. 2000-349; s. 50, ch. 2000-367; s. 14, ch. 2006-121; s. 13, ch. 2015-31.
Note.—Former s. 400.324.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 400 - Nursing Homes and Related Health Care Facilities › Part I - Long-Term Care Facilities: Ombudsman Program (Ss. 400.0060-400.0091) › 400.0081 - Access to facilities, residents, and records.

400.0081 Access to facilities, residents, and records.—
(1) A long-term care facility shall provide representatives of the State Long-Term Care Ombudsman Program with access to:
(a) The long-term care facility and its residents.
(b) Where appropriate, medical and social records of a resident for review if:
1. The representative of the State Long-Term Care Ombudsman Program has the permission of the resident or the legal representative of the resident; or
2. The resident is unable to consent to the review and does not have a legal representative.
(c) Medical and social records of a resident as necessary to investigate a complaint, if:
1. A legal representative or guardian of the resident refuses to give permission;
2. The representative of the State Long-Term Care Ombudsman Program has reasonable cause to believe that the legal representative or guardian is not acting in the best interests of the resident; and
3. The representative of the State Long-Term Care Ombudsman Program obtains the approval of the state ombudsman.
(d) Administrative records, policies, and documents to which residents or the general public have access.
(e) Upon request, copies of all licensing and certification records maintained by the state with respect to a long-term care facility.
(2) The department, in consultation with the state ombudsman, may adopt rules to establish procedures to ensure access to facilities, residents, and records as described in this section.
History.—ss. 11, 30, ch. 93-177; s. 131, ch. 2000-349; s. 51, ch. 2000-367; s. 15, ch. 2006-121; s. 14, ch. 2015-31; s. 46, ch. 2016-10.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 400 - Nursing Homes and Related Health Care Facilities › Part I - Long-Term Care Facilities: Ombudsman Program (Ss. 400.0060-400.0091) › 400.0083 - Interference; retaliation; penalties.

400.0083 Interference; retaliation; penalties.—
(1) A person, long-term care facility, or other entity may not willfully interfere with a representative of the State Long-Term Care Ombudsman Program in the performance of official duties.
(2) A person, long-term care facility, or other entity may not knowingly or willfully take action or retaliate against any resident, employee, or other person for filing a complaint with, providing information to, or otherwise cooperating with any representative of the State Long-Term Care Ombudsman Program.
(3) A person, long-term care facility, or other entity that violates this section:
(a) Is liable for damages and equitable relief as determined by law.
(b) Commits a misdemeanor of the second degree, punishable as provided in s. 775.083.
History.—ss. 12, 30, ch. 93-177; s. 132, ch. 2000-349; s. 52, ch. 2000-367; s. 16, ch. 2006-121; s. 15, ch. 2015-31.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 400 - Nursing Homes and Related Health Care Facilities › Part I - Long-Term Care Facilities: Ombudsman Program (Ss. 400.0060-400.0091) › 400.0087 - Department oversight; funding.

400.0087 Department oversight; funding.—
(1) The department shall meet the costs associated with the State Long-Term Care Ombudsman Program from funds appropriated to it.
(a) The department shall include the costs associated with support of the State Long-Term Care Ombudsman Program when developing its budget requests for consideration by the Governor and submittal to the Legislature.
(b) The department may divert from the federal ombudsman appropriation an amount equal to the department’s administrative cost ratio to cover the costs associated with administering the State Long-Term Care Ombudsman Program. The remaining allotment from the Older Americans Act program shall be expended on direct ombudsman activities.
(2) The department shall monitor the State Long-Term Care Ombudsman Program, the state council, and the local councils to ensure that each is carrying out the duties delegated to it by state and federal law.
(3) The department is responsible for ensuring that the State Long-Term Care Ombudsman Program:
(a) Has the objectivity and independence required to qualify it for funding under the federal Older Americans Act.
(b) Provides information to public and private agencies, legislators, and others.
(c) Provides appropriate training to representatives of the State Long-Term Care Ombudsman Program.
(d) Coordinates ombudsman services with Disability Rights Florida, the Advocacy Center for Persons with Disabilities and with providers of legal services to residents of long-term care facilities in compliance with state and federal laws.
(4) The department shall also:
(a) Receive and disburse state and federal funds for purposes that the state ombudsman has formulated in accordance with the Older Americans Act.
(b) Whenever necessary, act as liaison between agencies and branches of the federal and state governments and the State Long-Term Care Ombudsman Program.
History.—ss. 13, 30, ch. 93-177; s. 43, ch. 95-196; s. 133, ch. 2000-349; s. 53, ch. 2000-367; s. 25, ch. 2002-223; s. 18, ch. 2006-121; s. 16, ch. 2015-31; s. 47, ch. 2016-10.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 400 - Nursing Homes and Related Health Care Facilities › Part I - Long-Term Care Facilities: Ombudsman Program (Ss. 400.0060-400.0091) › 400.0089 - Complaint data reports.

400.0089 Complaint data reports.—The State Long-Term Care Ombudsman Program shall maintain a statewide uniform reporting system to collect and analyze data relating to complaints and conditions in long-term care facilities and to residents for the purpose of identifying and resolving complaints. Information pertaining to the number and types of complaints received by the State Long-Term Care Ombudsman Program shall be published quarterly and made readily available and shall include such information in the annual report required under s. 400.0065.
History.—ss. 14, 30, ch. 93-177; s. 44, ch. 95-196; s. 116, ch. 99-8; s. 16, ch. 2000-263; s. 134, ch. 2000-349; s. 54, ch. 2000-367; s. 26, ch. 2002-223; s. 37, ch. 2003-1; s. 19, ch. 2006-121; s. 17, ch. 2015-31.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 400 - Nursing Homes and Related Health Care Facilities › Part I - Long-Term Care Facilities: Ombudsman Program (Ss. 400.0060-400.0091) › 400.0091 - Training.

400.0091 Training.—The state ombudsman shall ensure that appropriate training is provided to all representatives of the State Long-Term Care Ombudsman Program.
(1) All representatives of the State Long-Term Care Ombudsman Program shall be given a minimum of 20 hours of training upon employment with the State Long-Term Care Ombudsman Program or appointment as an ombudsman. Ten hours of training in the form of continuing education is required annually thereafter.
(2) The state ombudsman shall approve the curriculum for the initial and continuing education training, which must, at a minimum, address:
(a) Resident confidentiality.
(b) Guardianships and powers of attorney.
(c) Medication administration.
(d) Care and medication of residents with dementia and Alzheimer’s disease.
(e) Accounting for residents’ funds.
(f) Discharge rights and responsibilities.
(g) Cultural sensitivity.
(h) Any other topic related to residency in a long-term care facility.
(3) An individual other than the state ombudsman may not hold himself or herself out as a representative of the State Long-Term Care Ombudsman Program or conduct any authorized program duty described in this part unless the individual has received the training required by this section and has been certified by the state ombudsman as qualified to carry out ombudsman activities on behalf of the office or the state or local councils.
History.—ss. 15, 30, ch. 93-177; s. 135, ch. 2000-349; s. 55, ch. 2000-367; s. 32, ch. 2001-62; s. 27, ch. 2002-223; s. 20, ch. 2006-121; s. 18, ch. 2015-31.
2023 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.

400.011 Purpose.—The purpose of this part is to provide for the development, establishment, and enforcement of basic standards for:
(1) The health, care, and treatment of persons in nursing homes and related health care facilities; and
(2) The maintenance and operation of such institutions that will ensure safe, adequate, and appropriate care, treatment, and health of persons in such facilities.
History.—s. 1, ch. 69-309; s. 1, ch. 70-361; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 3, 79, 83, ch. 83-181; s. 30, ch. 93-177; ss. 1, 49, ch. 93-217; s. 28, ch. 2000-141; s. 34, ch. 2001-186; s. 3, ch. 2001-372.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 400 - Nursing Homes and Related Health Care Facilities › Part II - Nursing Homes (Ss. 400.011-400.334) › 400.0234 - Availability of facility records for investigation of resident’s rights violations and defenses; penalty.

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, including, but not limited to, all medical records and the resident’s chart, within the control or possession of the facility in accordance with s. 400.145 shall constitute evidence of failure of that party to comply with good faith discovery requirements and shall waive the good faith certificate and presuit notice requirements under this part by the requesting party.
(2) Information submitted pursuant to s. 408.061(5) and (6) is discoverable and may be admissible in a civil action or an administrative action under this part or part II of chapter 408.
(3) No facility shall be held liable for any civil damages as a result of complying with this section.
History.—s. 6, ch. 2001-45; s. 3, ch. 2022-61.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 400 - Nursing Homes and Related Health Care Facilities › Part II - Nursing Homes (Ss. 400.011-400.334) › 400.0235 - Certain provisions not applicable to actions under this part.

400.0235 Certain provisions not applicable to actions under this part.—An action under this part for a violation of rights or negligence recognized under this part is not a claim for medical malpractice, and the provisions of s. 768.21(8) do not apply to a claim alleging death of the resident.
History.—s. 7, ch. 2001-45.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 400 - Nursing Homes and Related Health Care Facilities › Part II - Nursing Homes (Ss. 400.011-400.334) › 400.0236 - Statute of limitations.

400.0236 Statute of limitations.—
(1) Any action for damages brought under this part shall be commenced within 2 years from the time the incident giving rise to the action occurred or within 2 years from the time the incident is discovered or should have been discovered with the exercise of due diligence; however, in no event shall the action be commenced later than 4 years from the date of the incident or occurrence out of which the cause of action accrued.
(2) In those actions covered by this subsection in which it can be shown that fraudulent concealment or intentional misrepresentation of fact prevented the discovery of the injury, the period of limitations is extended forward 2 years from the time that the injury is discovered with the exercise of due diligence, but in no event for more than 6 years from the date the incident giving rise to the injury occurred.
(3) This section shall apply to causes of action that have accrued prior to the effective date of this section; however, any such cause of action that would not have been barred under prior law may be brought within the time allowed by prior law or within 2 years after the effective date of this section, whichever is earlier, and will be barred thereafter. In actions where it can be shown that fraudulent concealment or intentional misrepresentation of fact prevented the discovery of the injury, the period of limitations is extended forward 2 years from the time that the injury is discovered with the exercise of due diligence, but in no event more than 4 years from the effective date of this section.
History.—s. 8, ch. 2001-45.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 400 - Nursing Homes and Related Health Care Facilities › Part II - Nursing Homes (Ss. 400.011-400.334) › 400.051 - Homes or institutions exempt from the provisions of this part.

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.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 400 - Nursing Homes and Related Health Care Facilities › Part II - Nursing Homes (Ss. 400.011-400.334) › 400.062 - License required; fee; disposition.

400.062 License required; fee; disposition.—
(1) The requirements of part II of chapter 408 apply to the provision of services that require licensure pursuant to this part and part II of chapter 408 and to entities licensed by or applying for such licensure from the Agency for Health Care Administration pursuant to this part. A license issued by the agency is required for the operation of a nursing home in this state.
(2) Separate licenses shall be required for facilities maintained in separate premises, even though operated under the same management. However, a separate license shall not be required for separate buildings on the same grounds.
(3) In accordance with s. 408.805, an applicant or licensee shall pay a fee for each license application submitted under this part, part II of chapter 408, and applicable rules. The license fee shall be comprised of two parts. Part I of the license fee shall be the basic license fee. The rate per bed for the basic license fee shall be established biennially and shall be $100 per bed unless modified by rule. Part II of the license fee shall be the resident protection fee, which shall be at the rate of not less than 50 cents per bed. The rate per bed shall be the minimum rate per bed, and such rate shall remain in effect until the effective date of a rate per bed adopted by rule by the agency pursuant to this part. At such time as the amount on deposit in the Health Care Trust Fund for resident protection is less than $1 million, the agency may adopt rules to establish a rate which may not exceed $20 per bed. The rate per bed shall revert back to the minimum rate per bed when the amount on deposit in the Health Care Trust Fund for resident protection reaches $1 million, except that any rate established by rule shall remain in effect until such time as the rate has been equally required for each license issued under this part. Any amount in the fund in excess of $2 million may not be expended without prior approval of the Legislature. The agency may prorate the biennial license fee for those licenses which it issues under this part for less than 2 years. The resident protection fee collected shall be deposited in the Health Care Trust Fund for the sole purpose of paying, in accordance with the provisions of s. 400.063, for the appropriate alternate placement, care, and treatment of a resident removed from a nursing home facility on a temporary, emergency basis or for the maintenance and care of residents in a nursing home facility pending removal and alternate placement.
(4) Counties or municipalities applying for licenses under this part are exempt from license fees authorized under this section.
History.—s. 5, ch. 70-361; s. 3, ch. 76-168; s. 235, ch. 77-147; s. 1, ch. 77-457; ss. 2, 9, ch. 79-268; ss. 2, 3, ch. 81-318; ss. 1, 19, ch. 82-148; ss. 9, 79, 83, ch. 83-181; s. 8, ch. 91-282; s. 30, ch. 93-177; ss. 8, 49, ch. 93-217; s. 14, ch. 2001-45; s. 58, ch. 2007-230; s. 11, ch. 2008-9.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 400 - Nursing Homes and Related Health Care Facilities › Part II - Nursing Homes (Ss. 400.011-400.334) › 400.0625 - Minimum standards for clinical laboratory test results and diagnostic X-ray results.

400.0625 Minimum standards for clinical laboratory test results and diagnostic X-ray results.—
(1) Each nursing home, as a requirement for issuance or renewal of its license, shall require that all clinical laboratory tests performed for the nursing home be performed by a laboratory appropriately certified by the Centers for Medicare and Medicaid Services under the federal Clinical Laboratory Improvement Amendments and the federal rules adopted thereunder, except for such self-testing procedures as are approved by the agency by rule.
(2) Each nursing home, as a requirement for issuance or renewal of its license, shall establish minimum standards for acceptance of results of diagnostic X rays performed by or for the nursing home. Such minimum standards shall require licensure or registration of the source of ionizing radiation under the provisions of chapter 404. Diagnostic X-ray results which meet the minimum standards shall be accepted in lieu of routine examinations required upon admission and in lieu of diagnostic X rays which may be ordered by a physician for residents of the nursing home.
History.—ss. 22, 28, ch. 82-182; ss. 10, 79, 81, 83, ch. 83-181; s. 26, ch. 83-215; s. 30, ch. 93-177; ss. 9, 49, ch. 93-217; s. 44, ch. 2018-24.
Note.—Former s. 400.4175.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 400 - Nursing Homes and Related Health Care Facilities › Part II - Nursing Homes (Ss. 400.011-400.334) › 400.0712 - Application for inactive license.

400.0712 Application for inactive license.—
(1) As specified in this section, the agency may issue an inactive license to a nursing home facility for all or a portion of its beds. Any request by a licensee that a nursing home or portion of a nursing home become inactive must be submitted to the agency in the approved format. The facility may not initiate any suspension of services, notify residents, or initiate inactivity before receiving approval from the agency; and a licensee that violates this provision may not be issued an inactive license.
(2) The agency may issue an inactive license to a nursing home that chooses to use an unoccupied contiguous portion of the facility for an alternative use to meet the needs of elderly persons through the use of less restrictive, less institutional services.
(a) An inactive license issued under this subsection may be granted for a period not to exceed the current licensure expiration date but may be renewed by the agency at the time of licensure renewal.
(b) A request to extend the inactive license must be submitted to the agency in the approved format and approved by the agency in writing.
(c) Nursing homes that receive an inactive license to provide alternative services shall not receive preference for participation in the Assisted Living for the Elderly Medicaid waiver.
(3) The agency shall adopt rules pursuant to ss. 120.536(1) and 120.54 necessary to implement this section.
History.—s. 1, ch. 2004-298; s. 61, ch. 2007-230; s. 102, ch. 2008-4; s. 37, ch. 2009-223.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 400 - Nursing Homes and Related Health Care Facilities › Part II - Nursing Homes (Ss. 400.011-400.334) › 400.102 - Action by agency against licensee; grounds.

400.102 Action by agency against licensee; grounds.—In addition to the grounds listed in part II of chapter 408, any of the following conditions shall be grounds for action by the agency against a licensee:
(1) An intentional or negligent act materially affecting the health or safety of residents of the facility;
(2) Misappropriation or conversion of the property of a resident of the facility;
(3) Failure to follow the criteria and procedures provided under part I of chapter 394 relating to the transportation, voluntary admission, and involuntary examination of a nursing home resident; or
(4) Fraudulent altering, defacing, or falsifying any medical or nursing home records, or causing or procuring any of these offenses to be committed.
History.—s. 8, ch. 70-361; s. 1, ch. 70-439; s. 3, ch. 76-168; s. 237, ch. 77-147; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 13, 79, 83, ch. 83-181; s. 30, ch. 93-177; ss. 12, 49, ch. 93-217; s. 35, ch. 96-169; s. 16, ch. 2001-45; s. 62, ch. 2007-230.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 400 - Nursing Homes and Related Health Care Facilities › Part II - Nursing Homes (Ss. 400.011-400.334) › 400.111 - Disclosure of controlling interest.

400.111 Disclosure of controlling interest.—In addition to the requirements of part II of chapter 408, the licensee shall submit a signed affidavit disclosing any financial or ownership interest that a controlling interest has held within the last 5 years in any entity licensed by the state or any other state to provide health or residential care which entity has closed voluntarily or involuntarily; has filed for bankruptcy; has had a receiver appointed; has had a license denied, suspended, or revoked; or has had an injunction issued against it which was initiated by a regulatory agency. The affidavit must disclose the reason such entity was closed, whether voluntarily or involuntarily.
History.—s. 10, ch. 69-309; ss. 19, 35, ch. 69-106; s. 7, ch. 70-361; s. 1, ch. 70-439; s. 3, ch. 76-168; s. 238, ch. 77-147; s. 1, ch. 77-457; ss. 5, 9, ch. 79-268; ss. 6, 18, ch. 80-186; ss. 2, 3, ch. 81-318; ss. 2, 19, ch. 82-148; ss. 14, 79, 83, ch. 83-181; s. 30, ch. 93-177; ss. 13, 49, ch. 93-217; s. 17, ch. 2001-45; s. 63, ch. 2007-230.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 400 - Nursing Homes and Related Health Care Facilities › Part II - Nursing Homes (Ss. 400.011-400.334) › 400.118 - Quality assurance; early warning system; monitoring; rapid response teams.

400.118 Quality assurance; early warning system; monitoring; rapid response teams.—
(1) The agency shall establish an early warning system to detect conditions in nursing facilities that could be detrimental to the health, safety, and welfare of residents. The early warning system shall include, but not be limited to, analysis of financial and quality-of-care indicators that would predict the need for the agency to take action pursuant to the authority set forth in this part.
(2) The agency shall also create teams of experts that can function as rapid response teams to visit nursing facilities identified through the agency’s early warning system. Rapid response teams may visit facilities that request the agency’s assistance. The rapid response teams shall not be deployed for the purpose of helping a facility prepare for a regular survey.
History.—s. 10, ch. 99-394; s. 17, ch. 2000-263; s. 18, ch. 2001-45; s. 38, ch. 2009-223.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 400 - Nursing Homes and Related Health Care Facilities › Part II - Nursing Homes (Ss. 400.011-400.334) › 400.1183 - Resident grievance procedures.

400.1183 Resident grievance procedures.—
(1) Every nursing home must have a grievance procedure available to its residents and their families. The grievance procedure must include:
(a) An explanation of how to pursue redress of a grievance.
(b) The names, job titles, and telephone numbers of the employees responsible for implementing the facility’s grievance procedure. The list must include the address and the toll-free telephone numbers of the ombudsman and the agency.
(c) A simple description of the process through which a resident may, at any time, contact the toll-free telephone hotline of the ombudsman or the agency to report the unresolved grievance.
(d) A procedure for providing assistance to residents who cannot prepare a written grievance without help.
(2) Each nursing home facility shall maintain records of all grievances and a report, subject to agency inspection, of the total number of grievances handled, a categorization of the cases underlying the grievances, and the final disposition of the grievances.
(3) Each facility must respond to the grievance within a reasonable time after its submission.
(4) The agency may investigate any grievance at any time.
History.—s. 19, ch. 2001-45; s. 64, ch. 2007-230; s. 5, ch. 2012-160.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 400 - Nursing Homes and Related Health Care Facilities › Part II - Nursing Homes (Ss. 400.011-400.334) › 400.119 - Confidentiality of records and meetings of risk management and quality assurance committees.

400.119 Confidentiality of records and meetings of risk management and quality assurance committees.—
(1) Incident reports filed with the risk manager and administrator of a long-term care facility licensed under this part or part I of chapter 429, notifications of the occurrence of an adverse incident, and adverse incident reports from the facility are confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
(2)(a) The meetings of an internal risk management and quality assurance committee of a long-term care facility licensed under this part or part I of chapter 429 are exempt from s. 286.011 and s. 24(b), Art. I of the State Constitution.
(b) Records of those meetings are confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
(3)(a) If the Agency for Health Care Administration has a reasonable belief that conduct by a staff member or employee of a facility is criminal activity or grounds for disciplinary action by a regulatory board, the agency may disclose records made confidential and exempt pursuant to this section to the appropriate law enforcement agency or regulatory board.
(b) Records disclosed to a law enforcement agency remain confidential and exempt until criminal charges are filed.
(4) Records made confidential and exempt under this section and that are obtained by a regulatory board are not available to the public as part of the record of investigation and prosecution in a disciplinary proceeding made available to the public by the agency or the appropriate regulatory board. However, the agency or the appropriate regulatory board shall make available, upon request by a health care professional against whom probable cause has been found, any such records that form the basis of the determination of probable cause.
History.—s. 1, ch. 2001-44; s. 59, ch. 2002-1; s. 1, ch. 2006-110; s. 25, ch. 2006-197.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 400 - Nursing Homes and Related Health Care Facilities › Part II - Nursing Homes (Ss. 400.011-400.334) › 400.1413 - Volunteers in nursing homes.

400.1413 Volunteers in nursing homes.—
(1) It is the intent of the Legislature to encourage the involvement of volunteers in nursing homes in this state. The Legislature also acknowledges that the licensee is responsible for all the activities that take place in the nursing home and recognizes the licensee’s need to be aware of and coordinate volunteer activities in the nursing home. Therefore, a nursing home may require that volunteers:
(a) Sign in and out with staff of the nursing home upon entering or leaving the facility.
(b) Wear an identification badge while in the building.
(c) Participate in a facility orientation and training program.
(2) This section does not affect the activities of state or local long-term care ombudsman councils authorized under part I.
History.—s. 23, ch. 2001-45.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 400 - Nursing Homes and Related Health Care Facilities › Part II - Nursing Homes (Ss. 400.011-400.334) › 400.1415 - Patient records; penalties for alteration.

400.1415 Patient records; penalties for alteration.—
(1) Any person who fraudulently alters, defaces, or falsifies any medical record or releases medical records for the purposes of solicitation or marketing the sale of goods or services absent a specific written release or authorization permitting utilization of patient information, or other nursing home record, or causes or procures any of these offenses to be committed, commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
(2) A conviction under subsection (1) is also grounds for restriction, suspension, or termination of license privileges.
History.—s. 5, ch. 93-217; s. 7, ch. 99-394; s. 11, ch. 2001-222; s. 142, ch. 2001-277.
Note.—Former s. 400.0231.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 400 - Nursing Homes and Related Health Care Facilities › Part II - Nursing Homes (Ss. 400.011-400.334) › 400.142 - Emergency medication kits; orders not to resuscitate.

400.142 Emergency medication kits; orders not to resuscitate.—
(1) Other provisions of this chapter or of chapter 465, chapter 499, or chapter 893 to the contrary notwithstanding, each nursing home operating pursuant to a license issued by the agency may maintain an emergency medication kit for the purpose of storing medicinal drugs to be administered under emergency conditions to residents residing in such facility.
(2) The agency shall adopt such rules as it may deem appropriate to the effective implementation of this act, including, but not limited to, rules which:
(a) Define the term “emergency medication kit.”
(b) Describe the medicinal drugs eligible to be placed in emergency medication kits.
(c) Establish requirements for the storing of medicinal drugs in emergency medication kits and the maintenance of records with respect thereto.
(d) Establish requirements for the administration of medicinal drugs to residents under emergency conditions from emergency medication kits.
(3) Facility staff may withhold or withdraw cardiopulmonary resuscitation if presented with an order not to resuscitate executed pursuant to s. 401.45. Facility staff and facilities are not subject to criminal prosecution or civil liability, or considered to have engaged in negligent or unprofessional conduct, for withholding or withdrawing cardiopulmonary resuscitation pursuant to such order. The absence of an order not to resuscitate executed pursuant to s. 401.45 does not preclude a physician from withholding or withdrawing cardiopulmonary resuscitation as otherwise permitted by law.
History.—ss. 40, 83, ch. 83-181; s. 30, ch. 93-177; ss. 32, 49, ch. 93-217; s. 3, ch. 99-331; s. 2, ch. 2000-295; s. 7, ch. 2012-160.
Note.—Former s. 400.3221.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 400 - Nursing Homes and Related Health Care Facilities › Part II - Nursing Homes (Ss. 400.011-400.334) › 400.148 - Medicaid “Up-or-Out” Quality of Care Contract Management Program.

400.148 Medicaid “Up-or-Out” Quality of Care Contract Management Program.—
(1) The Legislature finds that the federal Medicare program has implemented successful models of managing the medical and supportive-care needs of long-term nursing home residents. These programs have maintained the highest practicable level of good health and have the potential to reduce the incidence of preventable illnesses among long-stay residents of nursing homes, thereby increasing the quality of care for residents and reducing the number of lawsuits against nursing homes. Such models are operated at no cost to the state. It is the intent of the Legislature that the Agency for Health Care Administration replicate such oversight for Medicaid recipients in poor-performing nursing homes and in assisted living facilities and nursing homes that are experiencing disproportionate numbers of lawsuits, with the goal of improving the quality of care in such homes or facilitating the revocation of licensure.
(2) The pilot project must ensure:
(a) Oversight and coordination of all aspects of a resident’s medical care and stay in a nursing home;
(b) Facilitation of close communication between the resident, the resident’s guardian or legal representative, the resident’s attending physician, the resident’s family, and staff of the nursing facility;
(c) Frequent onsite visits to the resident;
(d) Early detection of medical or quality problems that have the potential to lead to adverse outcomes and unnecessary hospitalization;
(e) Close communication with regulatory staff;
(f) Immediate investigation of resident quality-of-care complaints and communication and cooperation with the appropriate entity to address those complaints, including the ombudsman, state agencies, agencies responsible for Medicaid program integrity, and local law enforcement agencies;
(g) Assistance to the resident or the resident’s representative to relocate the resident if quality-of-care issues are not otherwise addressed; and
(h) Use of Medicare and other third-party funds to support activities of the program, to the extent possible.
(3) The agency shall model the pilot project activities after such Medicare-approved demonstration projects.
(4) The agency may contract to provide similar oversight services to Medicaid recipients.
(5) The agency shall, jointly with the Office of Public and Professional Guardians, develop a system in the pilot project areas to identify Medicaid recipients who are residents of a participating nursing home or assisted living facility who have diminished ability to make their own decisions and who do not have relatives or family available to act as guardians in nursing homes listed on the Nursing Home Guide Watch List. The agency and the Office of Public and Professional Guardians shall give such residents priority for publicly funded guardianship services.
History.—s. 25, ch. 2001-45; s. 107, ch. 2010-102; s. 32, ch. 2016-40.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 400 - Nursing Homes and Related Health Care Facilities › Part II - Nursing Homes (Ss. 400.011-400.334) › 400.151 - Contracts.

400.151 Contracts.—
(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.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 400 - Nursing Homes and Related Health Care Facilities › Part II - Nursing Homes (Ss. 400.011-400.334) › 400.165 - Itemized resident billing, form and content prescribed by the agency.

400.165 Itemized resident billing, form and content prescribed by the agency.—
(1) Within 7 days following discharge or release from a nursing home, or within 7 days after the earliest date at which the cost of all goods or services provided on behalf of the resident are billed to the facility, the nursing home shall submit to the resident, or to his or her survivor or legal guardian, an itemized statement detailing in language comprehensible to an ordinary layperson the specific nature of charges or expenses incurred by the resident. The initial billing shall contain a statement of specific services received and expenses incurred for such items of service, enumerating in detail the constituent components of the services received within each department of the nursing home and including unit price data on rates charged by the nursing home as may be prescribed by the agency.
(2) Each statement shall:
(a) Not include charges of nursing home-based physicians if billed separately.
(b) Not include any generalized category of expenses such as “other” or “miscellaneous” or similar categories.
(c) List drugs by brand or generic name and may not refer to drug code numbers when referring to drugs of any sort.
(d) Specifically identify therapy treatment as to the date, type, and length of treatment when therapy treatment is a part of the statement. The person receiving a statement pursuant to this section shall be fully and accurately informed as to each charge and service provided by the institution preparing the statement.
(3) On each itemized statement there shall appear the words “A FOR-PROFIT (or NOT-FOR-PROFIT or PUBLIC) NURSING HOME LICENSED BY THE STATE OF FLORIDA” or substantially similar words sufficient to identify clearly and plainly the ownership status of the nursing home.
(4) In any billing for services subsequent to the initial billing for such services, the resident, or the resident’s survivor or legal guardian, may elect, at his or her option, to receive a copy of the detailed statement of specific services received and expenses incurred for each such item of service as provided in subsection (1).
(5) No physician, dentist, or nursing home may add to the price charged by any third party except for a service or handling charge representing a cost actually incurred as an item of expense; however, the physician, dentist, or nursing home is entitled to fair compensation for all professional services rendered. The amount of the service or handling charge, if any, shall be set forth clearly in the bill to the resident.
History.—ss. 22, 27, ch. 82-182; ss. 21, 79, 81, 83, ch. 83-181; s. 30, ch. 93-177; ss. 21, 49, ch. 93-217; s. 769, ch. 95-148.
Note.—Former s. 400.425.
2023 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.