reglab/statecodes huggingface dataset:
2023 Florida Statutes › Title XXIX - Public Health › Chapter 400 - Nursing Homes and Related Health Care Facilities › Part IV - Hospices (Ss. 400.6005-400.611) › 400.607 - Denial, suspension, revocation of license; emergency actions; imposition of administrative fine; grounds.

400.607 Denial, suspension, revocation of license; emergency actions; imposition of administrative fine; grounds.—
(1) The agency may deny, revoke, and suspend a license, impose an action under s. 408.814, and impose an administrative fine, which may not exceed $5,000 per violation, for the violation of any provision of this part, part II of chapter 408, or applicable rules.
(2) Any of the following actions by a licensed hospice or any of its employees shall be grounds for action by the agency against a hospice:
(a) A violation of the provisions of this part, part II of chapter 408, or applicable rules.
(b) An intentional or negligent act materially affecting the health or safety of a patient.
(3) If, 3 months after the date of obtaining a license, or at any time thereafter, a hospice does not have in operation the home-care component of hospice care, the agency shall immediately revoke the license of such hospice.
(4) If, 12 months after the date of obtaining a license pursuant to s. 400.606, or at any time thereafter, a hospice does not have in operation the inpatient components of hospice care, the agency shall immediately revoke the license of such hospice.
(5) The remedies set forth in this section are independent of and cumulative to other remedies provided by law.
History.—s. 7, ch. 79-186; s. 2, ch. 81-318; ss. 71, 79, 83, ch. 83-181; ss. 6, 14, ch. 93-179; s. 56, ch. 98-171; s. 50, ch. 2004-267; s. 88, ch. 2007-230.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 400 - Nursing Homes and Related Health Care Facilities › Part IV - Hospices (Ss. 400.6005-400.611) › 400.6085 - Contractual services.

400.6085 Contractual services.—A hospice may contract out for some elements of its services. However, the core services, as set forth in s. 400.609(1), with the exception of physician services, shall be provided directly by the hospice. Any contract entered into between a hospice and a health care facility or service provider must specify that the hospice retains the responsibility for planning, coordinating, and prescribing hospice care and services for the hospice patient and family. A hospice that contracts for any hospice service is prohibited from charging fees for services provided directly by the hospice care team that duplicate contractual services provided to the patient and family.
(1) A contract for hospice services, including inpatient services, must:
(a) Identify the nature and scope of services to be provided.
(b) Require that direct patient care shall be maintained, supervised, and coordinated by the hospice care team.
(c) Limit the services to be provided to only those expressly authorized by the hospice in writing.
(d) Delineate the roles of hospice staff and contract staff in the admission process and patient assessment.
(e) Identify methods for ensuring continuity of hospice care.
(f) Plan for joint quality assurance.
(g) Specify the written documentation, including patient records, required of contract staff.
(h) Specify qualifications of persons providing the contract services.
(i) Specify the effective dates for the contract.
(2) With respect to contractual arrangements for inpatient hospice care:
(a) Licensed beds designated for inpatient hospice care through contract between an existing health care facility and a hospice shall not be required to be delicensed from one type of health care in order to enter into a contract with a hospice, nor shall the physical plant of any facility licensed pursuant to chapter 395 or part II of this chapter be required to be altered, except that a homelike atmosphere may be required.
(b) Hospices contracting for inpatient care beds shall not be required to obtain an additional certificate of need for the number of such designated beds. Such beds shall remain licensed to the health care facility and be subject to the appropriate inspections.
(c) Staffing standards for inpatient hospice care provided through a contract may not exceed the staffing standards required under the license held by the contractee.
(d) Under no circumstances may a hospice place a patient requiring inpatient care in a health care facility that is under a moratorium, has had its license revoked, or has a conditional license, accreditation, or rating. However, a hospice may continue to provide care or initiate care for a terminally ill person already residing in such a facility.
History.—s. 7, ch. 93-179; s. 219, ch. 99-13; s. 2, ch. 99-139.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 400 - Nursing Homes and Related Health Care Facilities › Part IV - Hospices (Ss. 400.6005-400.611) › 400.6096 - Disposal of prescribed controlled substances following the death of a patient in the home.

400.6096 Disposal of prescribed controlled substances following the death of a patient in the home.—
(1) A hospice physician, nurse, or social worker is authorized to assist in the disposal of a controlled substance prescribed to a patient at the time of the patient’s death pursuant to the disposal regulations in 21 C.F.R. s. 1317.
(2) A hospice that assists in the disposal of a prescribed controlled substance found in the patient’s home at the time of the patient’s death must establish a written policy, procedure, or system for acceptable disposal methods.
(3) A hospice physician, nurse, or social worker, upon the patient’s death and with the permission of a family member or a caregiver of the patient, may assist in the disposal of an unused controlled substance prescribed to the patient, pursuant to the written policy, procedure, or system established under subsection (2).
(4) The prescribed controlled substance disposal procedure must be carried out in the patient’s home. Hospice staff and volunteers are not authorized to remove a prescribed controlled substance from the patient’s home.
History.—s. 2, ch. 2017-119.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 400 - Nursing Homes and Related Health Care Facilities › Part IV - Hospices (Ss. 400.6005-400.611) › 400.6105 - Staffing and personnel.

400.6105 Staffing and personnel.—
(1) Each hospice shall have a medical director licensed pursuant to chapter 458 or chapter 459 who shall have responsibility for directing the medical care and treatment of hospice patients.
(2) Each hospice shall employ a full-time registered nurse licensed pursuant to part I of chapter 464 who shall coordinate the implementation of the plan of care for each patient.
(3) A hospice shall employ a hospice care team or teams who shall participate in the establishment and ongoing review of the patient’s plan of care, and be responsible for and supervise the delivery of hospice care and services to the patient. The team shall, at a minimum, consist of a physician licensed pursuant to chapter 458 or chapter 459, a nurse licensed pursuant to part I of chapter 464, a social worker, and a pastoral or other counselor. The composition of the team may vary for each patient and, over time, for the same patient to ensure that all the patient’s needs and preferences are met.
(4) A hospice must maintain a trained volunteer staff for the purpose of providing both administrative support and direct patient care. A hospice must use trained volunteers who work in defined roles and under the supervision of a designated hospice employee for an amount of time that equals at least 5 percent of the total patient care or administrative hours provided by all paid hospice employees and contract staff in the aggregate. The hospice shall document and report the use of volunteers, including maintaining a record of the number of volunteers, the number of hours worked by each volunteer, and the tasks performed by each volunteer.
(5) A hospice may contract with other persons or legal entities to provide additional services beyond those provided by the hospice care team or, to supplement the number of persons on the hospice care team, to ensure that the needs of patients and their families are met. Persons hired on contract shall have the same qualifications as are required of hospice personnel.
(6) Each hospice shall provide ongoing training and support programs for hospice staff and volunteers.
History.—s. 11, ch. 93-179; s. 106, ch. 2000-318; s. 4, ch. 2006-155.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 400 - Nursing Homes and Related Health Care Facilities › Part IV - Hospices (Ss. 400.6005-400.611) › 400.611 - Interdisciplinary records of care; confidentiality; release of records.

400.611 Interdisciplinary records of care; confidentiality; release of records.—
(1) A hospice shall maintain an up-to-date, interdisciplinary record of care being given and patient and family status. Records shall contain pertinent past and current medical, nursing, social, and other therapeutic information and such other information that is necessary for the safe and adequate care of the patient. Notations regarding all aspects of care for the patient and family shall be made in the record. When services are terminated, the record shall show the date and reason for termination.
(2) Patient records shall be retained for a period of 6 years after termination of hospice services, unless otherwise provided by law. In the case of a patient who is a minor, the 6-year period shall begin on the date the patient reaches or would have reached the age of majority.
(3) The interdisciplinary record of patient care and billing records are confidential.
(4) A hospice may not release a patient’s interdisciplinary record or any portion thereof, unless the person requesting the information provides to the hospice:
(a) A patient authorization executed by the patient;
(b) In the case of an incapacitated patient, a patient authorization executed prior to the patient’s death by the patient’s then acting legal guardian, health care surrogate as defined in s. 765.101(21), health care proxy as defined in s. 765.101(19), or agent under power of attorney;
(c) A court order appointing the person as the administrator, curator, executor, or personal representative of the patient’s estate with authority to obtain the patient’s medical records;
(d) If a judicial appointment has not been made pursuant to paragraph (c), a last will that is self-proved under s. 732.503 and designates the person to act as the patient’s personal representative; or
(e) An order by a court of competent jurisdiction to release the interdisciplinary record to the person.
(5) For purposes of this section, the term “patient authorization” means an unrevoked written statement by the patient, or an oral statement made by the patient which has been reduced to writing in the patient’s interdisciplinary record of care, or, in the case of an incapacitated patient, by the patient’s then acting legal guardian, health care surrogate, agent under a power of attorney, or health care proxy giving the patient’s permission to release the interdisciplinary record to a person requesting the record.
(6) A hospice must release requested aggregate patient statistical data to a state or federal agency acting under its statutory authority. Any information obtained from patient records by a state agency pursuant to its statutory authority is confidential and exempt from s. 119.07(1).
History.—s. 11, ch. 79-186; s. 2, ch. 81-318; ss. 79, 83, ch. 83-181; ss. 12, 14, ch. 93-179; s. 232, ch. 96-406; s. 3, ch. 2017-119.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 400 - Nursing Homes and Related Health Care Facilities › Part V - Intermediate Care Facilities (Ss. 400.701, 400.801) › 400.701 - Intermediate care facilities; intent.

400.701 Intermediate care facilities; intent.—The Legislature recognizes the need to develop a continuum of long-term care in this state to meet the needs of the elderly and disabled persons. The Legislature finds that there is a gap between the level of care provided in assisted living facilities and in nursing homes. The Legislature finds that exploration of intermediate-level care facilities which would fill the gap between assisted living facilities and nursing homes, where both the federal and state government share the cost of providing care, is an appropriate option to explore in the continuum of care.
History.—s. 38, ch. 89-294; s. 25, ch. 95-210.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 400 - Nursing Homes and Related Health Care Facilities › Part V - Intermediate Care Facilities (Ss. 400.701, 400.801) › 400.801 - Homes for special services.

400.801 Homes for special services.—
(1) As used in this section, the term:
(a) “Agency” means the “Agency for Health Care Administration.”
(b) “Home for special services” means a site licensed by the agency prior to January 1, 2006, where specialized health care services are provided, including personal and custodial care, but not continuous nursing services.
(2)(a) The requirements of part II of chapter 408 apply to the provision of services that require licensure pursuant to this section and part II of chapter 408 and entities licensed by or applying for licensure from the agency pursuant to this section. A license issued by the agency is required in order to operate a home for special services in this state.
(b) 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.
(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 amount of the fee shall be established by rule and may not be more than $2,000 per biennium.
(4)(a) In addition to the requirements of part II of chapter 408, a violation of any provision of this section, part II of chapter 408, or applicable rules is punishable by payment of an administrative fine not to exceed $5,000.
(b) A violation of s. 408.812 or rules adopted under that section is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. Each day of continuing violation is a separate offense.
History.—s. 35, ch. 93-217; ss. 59, 71, ch. 98-171; s. 85, ch. 2000-349; s. 25, ch. 2001-53; s. 2, ch. 2001-67; s. 148, ch. 2001-277; s. 51, ch. 2004-267; s. 6, ch. 2006-192; s. 90, ch. 2007-230; s. 10, ch. 2010-114; s. 48, ch. 2013-18.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 400 - Nursing Homes and Related Health Care Facilities › Part VI - Prescribed Pediatric Extended Care Centers (Ss. 400.901-400.916) › 400.901 - Legislative intent.

400.901 Legislative intent.—It is the intent of the Legislature to develop, establish, and enforce licensure and basic standards for prescribed pediatric extended care centers in order to assure that the centers provide the necessary family-centered medical, developmental, physiological, nutritional, psychosocial, and family training services.
History.—ss. 1, 17, ch. 87-290; s. 14, ch. 93-66; s. 19, ch. 98-288.
Note.—Former s. 391.201.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 400 - Nursing Homes and Related Health Care Facilities › Part VI - Prescribed Pediatric Extended Care Centers (Ss. 400.901-400.916) › 400.902 - Definitions.

400.902 Definitions.—As used in this part, the term:
(1) “Prescribed pediatric extended care center,” hereinafter referred to as a “PPEC center,” means any building or buildings, or other place, whether operated for profit or not, which undertakes through its ownership or management to provide basic nonresidential services to three or more medically dependent or technologically dependent children who are not related to the owner or operator by blood, marriage, or adoption and who require such services. Infants and children considered for admission to a PPEC center must have complex medical conditions that require continual care. Prerequisites for admission are a prescription from the child’s attending physician and consent of a parent or guardian.
(2) “Agency” means the Agency for Health Care Administration.
(3) “Basic services” includes, but is not limited to, development, implementation, and monitoring of a comprehensive protocol of care, developed in conjunction with the parent or guardian, which specifies the medical, nursing, psychosocial, and developmental therapies required by the medically dependent or technologically dependent child served as well as the caregiver training needs of the child’s legal guardian.
(4) “Owner or operator” means a licensee.
(5) “Medical records” means medical records maintained in accordance with accepted professional standards and practices as specified in the rules implementing this part.
(6) “Medically dependent or technologically dependent child” means a child who because of a medical condition requires continuous therapeutic interventions or skilled nursing supervision which must be prescribed by a licensed physician and administered by, or under the direct supervision of, a licensed registered nurse.
(7) “Supportive services or contracted services” include, but are not limited to, speech therapy, occupational therapy, physical therapy, social work, developmental, child life, and psychological services.
History.—ss. 2, 17, ch. 87-290; ss. 1, 14, ch. 93-66; s. 19, ch. 98-288; s. 92, ch. 2007-230.
Note.—Former s. 391.202.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 400 - Nursing Homes and Related Health Care Facilities › Part VI - Prescribed Pediatric Extended Care Centers (Ss. 400.901-400.916) › 400.903 - PPEC centers to be licensed; exemptions.

400.903 PPEC centers to be licensed; exemptions.—
(1) For the administration of this part, facilities to be licensed by the agency shall include all PPEC centers as defined in this part which are not otherwise exempt as provided in subsection (2).
(2) A facility, institution, or other place operated by the Federal Government or any agency thereof is exempt from the provisions of this part.
(3) 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 pursuant to this part. A license issued by the agency is required for the operation of a PPEC center in this state.
History.—ss. 3, 4, 17, ch. 87-290; ss. 2, 14, ch. 93-66; s. 19, ch. 98-288; s. 93, ch. 2007-230.
Note.—Former s. 391.203.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 400 - Nursing Homes and Related Health Care Facilities › Part VI - Prescribed Pediatric Extended Care Centers (Ss. 400.901-400.916) › 400.905 - License required; fee; exemption.

400.905 License required; fee; exemption.—
(1) In addition to the requirements of part II of chapter 408, separate licenses are required for PPEC centers maintained on separate premises, even though they are operated under the same management. Separate licenses are not required for separate buildings on the same grounds.
(2) 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 amount of the fee shall be established by rule and may not be less than $1,000 or more than $3,000 per biennium.
(3) County-operated or municipally operated PPEC centers applying for licensure under this part are exempt from the payment of license fees.
History.—ss. 5, 17, ch. 87-290; ss. 3, 14, ch. 93-66; s. 19, ch. 98-288; s. 94, ch. 2007-230.
Note.—Former s. 391.205.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 400 - Nursing Homes and Related Health Care Facilities › Part VI - Prescribed Pediatric Extended Care Centers (Ss. 400.901-400.916) › 400.906 - Initial application for license; zoning.

400.906 Initial application for license; zoning.—In addition to the requirements of part II of chapter 408, the application must contain the location of the facility for which a license is sought and documentation, signed by the appropriate local government official, which states that the applicant has met local zoning requirements.
History.—ss. 6, 17, ch. 87-290; ss. 4, 14, ch. 93-66; ss. 22, 71, ch. 98-171; ss. 19, 20, ch. 98-288; s. 87, ch. 2000-349; s. 25, ch. 2001-53; s. 2, ch. 2001-67; s. 148, ch. 2001-277; s. 53, ch. 2004-267; s. 95, ch. 2007-230.
Note.—Former s. 391.206.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 400 - Nursing Homes and Related Health Care Facilities › Part VI - Prescribed Pediatric Extended Care Centers (Ss. 400.901-400.916) › 400.9065 - Background screening.

400.9065 Background screening.—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.
History.—s. 12, ch. 2010-114.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 400 - Nursing Homes and Related Health Care Facilities › Part VI - Prescribed Pediatric Extended Care Centers (Ss. 400.901-400.916) › 400.907 - Denial, suspension, revocation of licensure; administrative fines; grounds.

400.907 Denial, suspension, revocation of licensure; administrative fines; grounds.—
(1) In accordance with part II of chapter 408, the agency may deny, revoke, and suspend a license and impose an administrative fine for the violation of any provision of this part, part II of chapter 408, or applicable rules.
(2) Any of the following actions by a PPEC center or its employee is grounds for action by the agency against a PPEC center or its employee:
(a) An intentional or negligent act materially affecting the health or safety of children in the PPEC center.
(b) A violation of the provisions of this part, part II of chapter 408, or applicable rules.
(c) Multiple and repeated violations of this part or part II of chapter 408 or of minimum standards or rules adopted pursuant to this part or part II of chapter 408.
History.—ss. 7, 17, ch. 87-290; ss. 5, 14, ch. 93-66; s. 19, ch. 98-288; s. 96, ch. 2007-230.
Note.—Former s. 391.207.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 400 - Nursing Homes and Related Health Care Facilities › Part VI - Prescribed Pediatric Extended Care Centers (Ss. 400.901-400.916) › 400.908 - Administrative fines; disposition of fees and fines.

400.908 Administrative fines; disposition of fees and fines.—
(1)(a) If the agency determines that a PPEC center is not in compliance with this part, part II of chapter 408, or applicable rules, the agency may request that the PPEC center submit a corrective action plan that demonstrates a good faith effort to remedy each violation by a specific date, subject to the approval of the agency.
(b) In accordance with part II of chapter 408, the agency may fine a PPEC center or employee found in violation of this part, part II of chapter 408, or applicable rules, in an amount not to exceed $500 for each violation. Such fine may not exceed $5,000 in the aggregate.
(c) The failure to correct a violation by the date set by the agency, or the failure to comply with an approved corrective action plan, is a separate violation for each day such failure continues, unless the agency approves an extension to a specific date.
(2) In determining if a fine is to be imposed and in fixing the amount of any fine, the agency shall consider the following factors:
(a) The gravity of the violation, including the probability that death or serious physical or emotional harm to a child will result or has resulted, the severity of the actual or potential harm, and the extent to which the provisions of the applicable statutes or rules were violated.
(b) Actions taken by the owner or operator to correct violations.
(c) Any previous violations.
(d) The financial benefit to the PPEC center of committing or continuing the violation.
History.—ss. 8, 17, ch. 87-290; s. 58, ch. 91-221; ss. 6, 14, ch. 93-66; s. 171, ch. 98-166; s. 19, ch. 98-288; s. 97, ch. 2007-230.
Note.—Former s. 391.208.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 400 - Nursing Homes and Related Health Care Facilities › Part VI - Prescribed Pediatric Extended Care Centers (Ss. 400.901-400.916) › 400.912 - Closing of a PPEC center.

400.912 Closing of a PPEC center.—Whenever a PPEC center voluntarily discontinues operation, it shall, at least 30 days before the discontinuance of operation, inform each child’s legal guardian of the fact and the proposed time of such discontinuance.
History.—ss. 12, 17, ch. 87-290; ss. 9, 14, ch. 93-66; s. 19, ch. 98-288; s. 100, ch. 2007-230.
Note.—Former s. 391.212.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 400 - Nursing Homes and Related Health Care Facilities › Part VI - Prescribed Pediatric Extended Care Centers (Ss. 400.901-400.916) › 400.914 - Rules establishing standards.

400.914 Rules establishing standards.—
(1) Pursuant to the intention of the Legislature to provide safe and sanitary facilities and healthful programs, the agency in conjunction with the Division of Children’s Medical Services of the Department of Health shall adopt and publish rules to implement the provisions of this part and part II of chapter 408, which shall include reasonable and fair standards. Any conflict between these standards and those that may be set forth in local, county, or city ordinances shall be resolved in favor of those having statewide effect. Such standards shall relate to:
(a) The assurance that PPEC services are family centered and provide individualized medical, developmental, and family training services.
(b) The maintenance of PPEC centers, not in conflict with the provisions of chapter 553 and based upon the size of the structure and number of children, relating to plumbing, heating, lighting, ventilation, and other building conditions, including adequate space, which will ensure the health, safety, comfort, and protection from fire of the children served.
(c) The appropriate provisions of the most recent edition of the “Life Safety Code” (NFPA-101) shall be applied.
(d) The number and qualifications of all personnel who have responsibility for the care of the children served.
(e) All sanitary conditions within the PPEC center and its surroundings, including water supply, sewage disposal, food handling, and general hygiene, and maintenance thereof, which will ensure the health and comfort of children served.
(f) Programs and basic services promoting and maintaining the health and development of the children served and meeting the training needs of the children’s legal guardians.
(g) Supportive, contracted, other operational, and transportation services.
(h) Maintenance of appropriate medical records, data, and information relative to the children and programs. Such records shall be maintained in the facility for inspection by the agency.
(2) The agency shall adopt rules to ensure that:
(a) No child attends a PPEC center for more than 12 hours within a 24-hour period.
(b) No PPEC center provides services other than those provided to medically or technologically dependent children.
History.—ss. 14, 17, ch. 87-290; ss. 11, 14, ch. 93-66; s. 89, ch. 97-101; s. 19, ch. 98-288; s. 128, ch. 99-8; s. 23, ch. 2000-153; s. 102, ch. 2007-230; s. 91, ch. 2012-184.
Note.—Former s. 391.214.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 400 - Nursing Homes and Related Health Care Facilities › Part VI - Prescribed Pediatric Extended Care Centers (Ss. 400.901-400.916) › 400.915 - Construction and renovation; requirements.

400.915 Construction and renovation; requirements.—The requirements for the construction or renovation of a PPEC center shall comply with:
(1) The provisions of chapter 553, which pertain to building construction standards, including plumbing, electrical code, glass, manufactured buildings, and accessibility for the physically disabled;
(2) Section 633.206 and applicable rules pertaining to physical standards for nonresidential child care facilities; and
(3) The standards or rules adopted pursuant to this part and part II of chapter 408.
History.—ss. 15, 17, ch. 87-290; ss. 12, 14, ch. 93-66; s. 19, ch. 98-288; s. 103, ch. 2007-230; s. 16, ch. 2012-160; s. 71, ch. 2013-15; s. 136, ch. 2013-183.
Note.—Former s. 391.215.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 400 - Nursing Homes and Related Health Care Facilities › Part VI - Prescribed Pediatric Extended Care Centers (Ss. 400.901-400.916) › 400.916 - Prohibited acts; penalty for violation.

400.916 Prohibited acts; penalty for violation.—Any person who violates s. 408.812 commits a misdemeanor of the second degree, punishable as provided in s. 775.083. Each day of continuing violation is a separate offense.
History.—ss. 16, 17, ch. 87-290; s. 14, ch. 93-66; s. 19, ch. 98-288; s. 104, ch. 2007-230.
Note.—Former s. 391.216.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 400 - Nursing Homes and Related Health Care Facilities › Part VII - Home Medical Equipment Providers (Ss. 400.92-400.957) › 400.92 - Legislative intent.

400.92 Legislative intent.—It is the intent of the Legislature to provide for the licensure of home medical equipment providers and to provide for the development, establishment, and enforcement of basic standards that will ensure quality home medical equipment, products, and services.
History.—s. 1, ch. 99-189.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 400 - Nursing Homes and Related Health Care Facilities › Part VII - Home Medical Equipment Providers (Ss. 400.92-400.957) › 400.932 - Administrative penalties.

400.932 Administrative penalties.—
(1) The agency may deny, revoke, and suspend a license and impose an administrative fine not to exceed $5,000 per violation.
(2) Any of the following actions by an employee of a home medical equipment provider are grounds for administrative action or penalties by the agency:
(a) Violation of this part, part II of chapter 408, or applicable rules.
(b) An intentional, reckless, or negligent act that materially affects the health or safety of a patient.
(3) The agency may deny or revoke the license of any applicant that:
(a) Has been previously found by any professional licensing, certifying, or standards board or agency to have violated the standards or conditions relating to licensure or certification or the quality of services provided. “Professional licensing, certifying, or standards board or agency” shall include, but is not limited to, practitioners, health care facilities, programs, or services, or residential care, treatment programs, or other human services; or
(b) Has been or is currently excluded, suspended, or terminated from, or has involuntarily withdrawn from, any governmental or private health care or health insurance program.
History.—s. 1, ch. 99-189; s. 109, ch. 2007-230.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 400 - Nursing Homes and Related Health Care Facilities › Part VII - Home Medical Equipment Providers (Ss. 400.92-400.957) › 400.933 - Licensure inspections and investigations.

400.933 Licensure inspections and investigations.—
(1) In addition to the requirements of s. 408.811, the agency shall make or cause to be made such inspections and investigations as it considers necessary, including:
(a) Licensure inspections.
(b) Inspections directed by the federal Centers for Medicare and Medicaid Services.
(c) Licensure complaint investigations, including full licensure investigations with a review of all licensure standards as outlined in the administrative rules. Complaints received by the agency from individuals, organizations, or other sources are subject to review and investigation by the agency.
(2) The agency shall accept, in lieu of its own periodic inspections for licensure, submission of the following:
(a) The survey or inspection of an accrediting organization, provided the accreditation of the licensed home medical equipment provider is not provisional and provided the licensed home medical equipment provider authorizes release of, and the agency receives the report of, the accrediting organization; or
(b) A copy of a valid medical oxygen retail establishment permit issued by the Department of Business and Professional Regulation, pursuant to chapter 499.
History.—s. 1, ch. 99-189; s. 110, ch. 2007-230; s. 56, ch. 2018-24.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 400 - Nursing Homes and Related Health Care Facilities › Part VII - Home Medical Equipment Providers (Ss. 400.92-400.957) › 400.935 - Rules establishing minimum standards.

400.935 Rules establishing minimum standards.—The agency shall adopt, publish, and enforce rules to implement this part and part II of chapter 408, which must provide reasonable and fair minimum standards relating to:
(1) The qualifications and minimum training requirements of all home medical equipment provider personnel.
(2) Financial ability to operate.
(3) The administration of the home medical equipment provider.
(4) Procedures for maintaining patient records.
(5) Ensuring that the home medical equipment and services provided by a home medical equipment provider are in accordance with the plan of treatment established for each patient, when provided as a part of a plan of treatment.
(6) Contractual arrangements for the provision of home medical equipment and services by providers not employed by the home medical equipment provider providing for the consumer’s needs.
(7) Physical location and zoning requirements.
(8) Home medical equipment requiring home medical equipment services.
(9) Preparation of the comprehensive emergency management plan under s. 400.934 and the establishment of minimum criteria for the plan, including the maintenance of patient equipment and supply lists that can accompany patients who are transported from their homes. Such rules shall be formulated in consultation with the Department of Health and the Division of Emergency Management.
History.—s. 1, ch. 99-189; s. 27, ch. 2006-71; s. 111, ch. 2007-230; s. 279, ch. 2011-142.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 400 - Nursing Homes and Related Health Care Facilities › Part VII - Home Medical Equipment Providers (Ss. 400.92-400.957) › 400.94 - Patient records.

400.94 Patient records.—
(1) The home medical equipment provider must maintain, for each patient, a patient record that includes the home medical equipment and services the home medical equipment provider has provided. Such records must contain:
(a) Any physician’s order or certificate of medical necessity, if the equipment was ordered by a physician.
(b) Signed and dated delivery slips verifying delivery.
(c) Notes reflecting all services and maintenance performed, and any equipment exchanges.
(d) The date on which rental equipment was retrieved.
(e) Such other information as is appropriate to specific patients in light of the particular equipment provided to them.
(2) Such records are considered patient records under s. 456.057 and must be maintained by the home medical equipment provider for 5 years following termination of services. If a patient transfers to another home medical equipment provider, a copy of his or her record must be provided to the other home medical equipment provider, upon request.
History.—s. 1, ch. 99-189; s. 18, ch. 2000-160.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 400 - Nursing Homes and Related Health Care Facilities › Part VII - Home Medical Equipment Providers (Ss. 400.92-400.957) › 400.945 - Public records exemption.

400.945 Public records exemption.—Medical and personal identifying information about patients of a home medical equipment provider which is received by the licensing agency through reports or inspection is confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
History.—s. 1, ch. 99-317; s. 1, ch. 2004-304.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 400 - Nursing Homes and Related Health Care Facilities › Part VII - Home Medical Equipment Providers (Ss. 400.92-400.957) › 400.953 - Background screening of home medical equipment provider personnel.

400.953 Background screening of home medical equipment provider personnel.—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.
History.—s. 1, ch. 99-189; s. 90, ch. 2000-349; s. 27, ch. 2004-267; s. 109, ch. 2006-120; s. 14, ch. 2010-114.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 400 - Nursing Homes and Related Health Care Facilities › Part VII - Home Medical Equipment Providers (Ss. 400.92-400.957) › 400.957 - Prohibited acts.

400.957 Prohibited acts.—Compliance with state and federal laws regarding prohibited patient referrals and rebates shall be a condition of licensure.
History.—s. 1, ch. 99-189.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 400 - Nursing Homes and Related Health Care Facilities › Part VIII - Intermediate Care Facilities for Developmentally Disabled Persons (Ss. 400.960-400.969) › 400.960 - Definitions.

400.960 Definitions.—As used in this part, the term:
(1) “Active treatment” means the provision of services by an interdisciplinary team which are necessary to maximize a client’s individual independence or prevent regression or loss of functional status.
(2) “Agency” means the Agency for Health Care Administration.
(3) “Client” means any person determined by the Agency for Persons with Disabilities to be eligible for developmental services.
(4) “Developmentally disabled” has the same meaning as “developmental disability” as that term is defined in s. 393.063.
(5) “Direct service provider” means a person 18 years of age or older who has direct contact with individuals who have developmental disabilities and who is unrelated to such individuals.
(6) “Intermediate care facility for the developmentally disabled” means a residential facility licensed and certified in accordance with state law, and certified by the Federal Government, pursuant to the Social Security Act, as a provider of Medicaid services to persons who have developmental disabilities.
(7) “Restraint” means a physical device, method, or drug used to control behavior.
(a) A physical restraint is any manual method or physical or mechanical device, material, or equipment attached or adjacent to the individual’s body so that he or she cannot easily remove the restraint and which restricts freedom of movement or normal access to the individual’s body.
(b) A drug used as a restraint is a medication used to control the person’s behavior or to restrict his or her freedom of movement. Physically holding a person during a procedure to forcibly administer psychotropic medication is a physical restraint.
(c) Restraint does not include physical devices, such as orthopedically prescribed appliances, surgical dressings and bandages, supportive body bands, or other physical holding necessary for routine physical examinations and tests; for purposes of orthopedic, surgical, or other similar medical treatment; to provide support for the achievement of functional body position or proper balance; or to protect a person from falling out of bed.
(8) “Seclusion” means the physical segregation of a person in any fashion or the involuntary isolation of a person in a room or area from which the person is prevented from leaving. The prevention may be by physical barrier or by a staff member who is acting in a manner, or who is physically situated, so as to prevent the person from leaving the room or area. For purposes of this part, the term does not mean isolation due to a person’s medical condition or symptoms.
History.—s. 9, ch. 99-144; s. 42, ch. 2006-227; s. 12, ch. 2013-162; s. 92, ch. 2014-17.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 400 - Nursing Homes and Related Health Care Facilities › Part VIII - Intermediate Care Facilities for Developmentally Disabled Persons (Ss. 400.960-400.969) › 400.962 - License required; license application.

400.962 License required; license application.—
(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 in order to operate an intermediate care facility for the developmentally disabled in this state.
(2) Separate licenses are required for facilities maintained on separate premises even if operated under the same management. However, a separate license is not 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 amount of the fee shall be $234 per bed unless modified by rule. The application must indicate the location of the facility for which a license is sought and that such location conforms to the local zoning ordinances.
(4) The applicant must demonstrate that sufficient numbers of staff, qualified by training or experience, will be employed to properly care for the type and number of residents who will reside in the facility.
(5) The applicant must agree to provide or arrange for active treatment services by an interdisciplinary team to maximize individual independence or prevent regression or loss of functional status. Standards for active treatment shall be adopted by the Agency for Health Care Administration by rule pursuant to ss. 120.536(1) and 120.54. Active treatment services shall be provided in accordance with the individual support plan and shall be reimbursed as part of the per diem rate as paid under the Medicaid program.
History.—s. 9, ch. 99-144; s. 92, ch. 2000-349; s. 8, ch. 2000-350; s. 59, ch. 2001-45; s. 421, ch. 2003-261; s. 55, ch. 2004-267; s. 69, ch. 2006-197; s. 43, ch. 2006-227; s. 115, ch. 2007-230; ss. 1, 2, ch. 2020-60; ss. 6, 7, ch. 2020-71; s. 26, ch. 2021-51; s. 6, ch. 2023-9.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 400 - Nursing Homes and Related Health Care Facilities › Part VIII - Intermediate Care Facilities for Developmentally Disabled Persons (Ss. 400.960-400.969) › 400.964 - Personnel screening requirement.

400.964 Personnel screening requirement.—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.
History.—s. 9, ch. 99-144; s. 93, ch. 2000-349; s. 11, ch. 2004-267; s. 16, ch. 2010-114.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 400 - Nursing Homes and Related Health Care Facilities › Part VIII - Intermediate Care Facilities for Developmentally Disabled Persons (Ss. 400.960-400.969) › 400.968 - Right of entry.

400.968 Right of entry.—In addition to the requirements of s. 408.811, any designated officer or employee of the agency, or any officer or employee of the state or of the local fire marshal, may enter unannounced the premises of any facility licensed under this part in order to determine the state of compliance with this part, part II of chapter 408, and applicable rules.
History.—s. 9, ch. 99-144; s. 37, ch. 2002-400; s. 119, ch. 2007-230.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 400 - Nursing Homes and Related Health Care Facilities › Part VIII - Intermediate Care Facilities for Developmentally Disabled Persons (Ss. 400.960-400.969) › 400.9685 - Administration of medication.

400.9685 Administration of medication.—
(1) Notwithstanding the provisions of the Nurse Practice Act, part I of chapter 464, unlicensed direct care services staff who are providing services to clients in intermediate care facilities for the developmentally disabled, licensed pursuant to this part, may administer prescribed, prepackaged, premeasured medications under the general supervision of a registered nurse as provided in this section and applicable rules. Training required by this section and applicable rules must be conducted by a registered nurse licensed pursuant to chapter 464 or a physician licensed pursuant to chapter 458 or chapter 459.
(2) Each facility that allows unlicensed direct care service staff to administer medications pursuant to this section must:
(a) Develop and implement policies and procedures that include a plan to ensure the safe handling, storage, and administration of prescription medication.
(b) Maintain written evidence of the expressed and informed consent for each client.
(c) Maintain a copy of the written prescription including the name of the medication, the dosage, and administration schedule.
(d) Maintain documentation regarding the prescription including the name, dosage, and administration schedule, reason for prescription, and the termination date.
(e) Maintain documentation of compliance with required training.
(3) Agency rules shall specify the following as it relates to the administration of medications by unlicensed staff:
(a) Medications authorized and packaging required.
(b) Acceptable methods of administration.
(c) A definition of “general supervision.”
(d) Minimum educational requirements of staff.
(e) Criteria of required training and competency that must be demonstrated prior to the administration of medications by unlicensed staff including inservice training.
(f) Requirements for safe handling, storage, and administration of medications.
History.—s. 2, ch. 2003-57.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 400 - Nursing Homes and Related Health Care Facilities › Part VIII - Intermediate Care Facilities for Developmentally Disabled Persons (Ss. 400.960-400.969) › 400.969 - Violation of part; penalties.

400.969 Violation of part; penalties.—
(1) In addition to the requirements of part II of chapter 408, and except as provided in s. 400.967(3), a violation of any provision of this part, part II of chapter 408, or applicable rules is punishable by payment of an administrative or civil penalty not to exceed $5,000.
(2) A violation of this part or of rules adopted under this part is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. Each day of a continuing violation is a separate offense.
History.—s. 9, ch. 99-144; s. 37, ch. 2002-400; s. 120, ch. 2007-230.
Note.—Former s. 400.968(4).
2023 Florida Statutes › Title XXIX - Public Health › Chapter 400 - Nursing Homes and Related Health Care Facilities › Part X - Health Care Clinic Act (Ss. 400.990-400.995) › 400.990 - Short title; legislative findings.

400.990 Short title; legislative findings.—
(1) This part, consisting of ss. 400.990-400.995, may be cited as the “Health Care Clinic Act.”
(2) The Legislature finds that the regulation of health care clinics must be strengthened to prevent significant cost and harm to consumers. The purpose of this part is to provide for the licensure, establishment, and enforcement of basic standards for health care clinics and to provide administrative oversight by the Agency for Health Care Administration.
History.—s. 4, ch. 2003-411.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 400 - Nursing Homes and Related Health Care Facilities › Part X - Health Care Clinic Act (Ss. 400.990-400.995) › 400.9915 - Emergency suspension; costs.

400.9915 Emergency suspension; costs.—
(1) Failure by a clinic to employ a qualified medical director or clinic director constitutes a ground for emergency suspension of the license by the agency pursuant to s. 408.814.
(2) In addition to any administrative fines imposed pursuant to this part or part II of chapter 408, the agency may assess a fee equal to the cost of conducting a complaint investigation.
History.—s. 4, ch. 2003-411; s. 124, ch. 2007-230.