reglab/statecodes huggingface dataset:
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) › 400.175 - Patients with Alzheimer’s disease or other related disorders; certain disclosures.

400.175 Patients with Alzheimer’s disease or other related disorders; certain disclosures.—A facility licensed under this part which claims that it provides special care for persons who have Alzheimer’s disease or other related disorders must disclose in its advertisements or in a separate document those services that distinguish the care as being especially applicable to, or suitable for, such persons. The facility must give a copy of all such advertisements or a copy of the document to each person who requests information about programs and services for persons with Alzheimer’s disease or other related disorders offered by the facility and must maintain a copy of all such advertisements and documents in its records. The agency shall examine all such advertisements and documents in the facility’s records as part of the license renewal procedure.
History.—s. 1, ch. 93-105.
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) › 400.1755 - Care for persons with Alzheimer’s disease or related disorders; staff training requirements.

400.1755 Care for persons with Alzheimer’s disease or related disorders; staff training requirements.—As a condition of licensure, the employees of facilities licensed under this part must complete the training required under s. 430.5025.
History.—s. 26, ch. 2001-45; s. 62, ch. 2005-2; s. 3, ch. 2023-278.
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) › 400.176 - Rebates prohibited; penalties.

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

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

400.20 Licensed nursing home administrator required.—No nursing home shall operate except under the supervision of a licensed nursing home administrator, and no person shall be a nursing home administrator unless he or she is the holder of a current license as provided in chapter 468.
History.—s. 19, ch. 69-309; s. 18, ch. 70-361; s. 3, ch. 76-168; s. 242, ch. 77-147; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 28, 79, 83, ch. 83-181; s. 30, ch. 93-177; ss. 27, 49, ch. 93-217; s. 771, ch. 95-148.
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) › 400.215 - Personnel screening requirement.

400.215 Personnel screening requirement.—
(1) The agency shall require level 2 background screening for personnel as required in s. 408.809(1)(e) pursuant to chapter 435 and s. 408.809.
(2) The agency shall, as allowable, reimburse nursing facilities for the cost of conducting background screening as required by this section. This reimbursement is not subject to any rate ceilings or payment targets in the Medicaid Reimbursement plan.
History.—s. 2, ch. 98-248; s. 16, ch. 99-394; s. 96, ch. 2000-318; s. 72, ch. 2000-349; s. 10, ch. 2004-267; s. 28, ch. 2006-197; s. 6, ch. 2010-114.
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) › 400.232 - Review and approval of plans; fees and costs.

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

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

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

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

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

400.332 Funds received not revenues for purpose of Medicaid program.—Any funds received by a nursing home in connection with its participation in the geriatric outpatient nurse clinic program shall not be considered as revenues for purposes of cost reports under the Medicaid program.
History.—s. 4, ch. 77-401; s. 2, ch. 81-318; ss. 79, 83, ch. 83-181; s. 59, ch. 91-282; s. 30, ch. 93-177; s. 49, ch. 93-217.
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) › 400.334 - Activity relating to unions by nursing home employees.

400.334 Activity relating to unions by nursing home employees.—
(1) Participation by an employee of a nursing home in any activity that assists, promotes, deters, or discourages union organizing shall not be allowed during any time the employee is counted in staffing calculations for minimum staffing standards.
(2) Salaries paid by any health care provider to an employee for any activity that assists, promotes, deters, or discourages union organizing shall not be an allowable cost for Medicaid cost reporting purposes.
(3) Any expense, including, but not limited to, legal and consulting fees and salaries of supervisors and employees, incurred for activities directly relating to influencing employees with respect to unionization shall not be an allowable cost for Medicaid cost reporting purposes.
(4) This section does not apply to any activity performed, or any expense incurred, in connection with:
(a) Addressing a grievance or negotiating or administering a collective bargaining agreement;
(b) Performing an activity required by federal or state law or by a collective bargaining agreement; or
(c) Keeping employees informed of issues and keeping lines of communication open between employees and employers as a part of normal personnel management,
provided such activities or expenses are not directly related to influencing employees with respect to unionization.
History.—s. 1, ch. 2002-231.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 400 - Nursing Homes and Related Health Care Facilities › Part III - Home Health Services (Ss. 400.461-400.54) › 400.461 - Short title; purpose.

400.461 Short title; purpose.—
(1) This part, consisting of ss. 400.461-400.53, may be cited as the “Home Health Services Act.”
(2) The purpose of this part is to provide for the licensure of every home health agency and nurse registry and to provide for the development, establishment, and enforcement of basic standards that will ensure the safe and adequate care of persons receiving health services in their own homes.
History.—ss. 36, 37, ch. 75-233; s. 2, ch. 81-318; ss. 61, 79, 83, ch. 83-181; s. 1, ch. 88-219; s. 1, ch. 90-319; ss. 1, 23, ch. 93-214; s. 47, ch. 98-171; s. 1, ch. 2005-243; s. 3, ch. 2020-9.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 400 - Nursing Homes and Related Health Care Facilities › Part III - Home Health Services (Ss. 400.461-400.54) › 400.4785 - Patients with Alzheimer’s disease or other related disorders; staff training requirements; certain disclosures.

400.4785 Patients with Alzheimer’s disease or other related disorders; staff training requirements; certain disclosures.—The employees of a home health agency must complete the training required under s. 430.5025.
(1) A licensed home health agency whose unduplicated census during the most recent calendar year was composed of at least 90 percent of individuals aged 21 years or younger at the date of admission is exempt from the training requirements in this section.
(2) An agency licensed under this part which claims that it provides special care for persons who have Alzheimer’s disease or other related disorders must disclose in its advertisements or in a separate document those services that distinguish the care as being especially applicable to, or suitable for, such persons. The agency must give a copy of all such advertisements or a copy of the document to each person who requests information about the agency and must maintain a copy of all such advertisements and documents in its records. The Agency for Health Care Administration shall examine all such advertisements and documents in the agency’s records as part of the license renewal procedure.
History.—s. 3, ch. 93-105; s. 2, ch. 2003-271; s. 65, ch. 2019-3; s. 4, ch. 2023-278.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 400 - Nursing Homes and Related Health Care Facilities › Part III - Home Health Services (Ss. 400.461-400.54) › 400.484 - Right of inspection; violations; fines.

400.484 Right of inspection; violations; fines.—
(1) In addition to the requirements of s. 408.811, the agency may make such inspections and investigations as are necessary in order to determine the state of compliance with this part, part II of chapter 408, and applicable rules.
(2) The agency shall impose fines for various classes of violations in accordance with the following schedule:
(a) Class I violations are as provided in s. 408.813. Upon finding a class I violation, the agency shall impose an administrative fine in the amount of $15,000 for each occurrence and each day that the violation exists.
(b) Class II violations are as provided in s. 408.813. Upon finding a class II violation, the agency shall impose an administrative fine in the amount of $5,000 for each occurrence and each day that the violation exists.
(c) Class III violations are as provided in s. 408.813. Upon finding an uncorrected or repeated class III violation, the agency shall impose an administrative fine not to exceed $1,000 for each occurrence and each day that the uncorrected or repeated violation exists.
(d) Class IV violations are as provided in s. 408.813. These violations are of a type that the agency determines do not threaten the health, safety, or security of patients. Upon finding an uncorrected or repeated class IV violation, the agency shall impose an administrative fine not to exceed $500 for each occurrence and each day that the uncorrected or repeated violation exists.
(3) In addition to any other penalties imposed pursuant to this section or part, the agency may assess costs related to an investigation that results in a successful prosecution, excluding costs associated with an attorney’s time.
History.—s. 45, ch. 75-233; s. 2, ch. 81-318; ss. 79, 83, ch. 83-181; ss. 8, 23, ch. 93-214; s. 5, ch. 99-332; s. 158, ch. 2000-318; s. 77, ch. 2007-230; s. 6, ch. 2008-246; s. 50, ch. 2018-24.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 400 - Nursing Homes and Related Health Care Facilities › Part III - Home Health Services (Ss. 400.461-400.54) › 400.489 - Administration of medication by a home health aide or home health aide for medically fragile children; staff training requirements.

400.489 Administration of medication by a home health aide or home health aide for medically fragile children; staff training requirements.—
(1) A home health aide or home health aide for medically fragile children may administer oral, transdermal, ophthalmic, otic, rectal, inhaled, enteral, or topical prescription medications if the home health aide or home health aide for medically fragile children has been delegated such task by a registered nurse licensed under chapter 464, has satisfactorily completed an initial 6-hour training course approved by the agency, and has been found competent to administer medication to a patient in a safe and sanitary manner. The training, determination of competency, and initial and annual validations required in this section shall be conducted by a registered nurse licensed under chapter 464 or a physician licensed under chapter 458 or chapter 459.
(2) A home health aide or home health aide for medically fragile children must annually and satisfactorily complete a 2-hour inservice training course approved by the agency in medication administration and medication error prevention. The inservice training course shall be in addition to the annual inservice training hours required by agency rules.
(3) The agency, in consultation with the Board of Nursing, shall establish by rule standards and procedures that a home health aide or home health aide for medically fragile children must follow when administering medication to a patient. Such rules must, at a minimum, address qualification requirements for trainers, requirements for labeling medication, documentation and recordkeeping, the storage and disposal of medication, instructions concerning the safe administration of medication, informed-consent requirements and records, and the training curriculum and validation procedures.
History.—s. 7, ch. 2020-9; s. 5, ch. 2023-183.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 400 - Nursing Homes and Related Health Care Facilities › Part III - Home Health Services (Ss. 400.461-400.54) › 400.490 - Nurse-delegated tasks.

400.490 Nurse-delegated tasks.—A certified nursing assistant, home health aide for medically fragile children, or home health aide may perform any task delegated by a registered nurse as authorized in this part and in chapter 464, including, but not limited to, medication administration.
History.—s. 8, ch. 2020-9; s. 6, ch. 2023-183.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 400 - Nursing Homes and Related Health Care Facilities › Part III - Home Health Services (Ss. 400.461-400.54) › 400.491 - Clinical records.

400.491 Clinical records.—
(1) The home health agency must maintain for each patient who receives skilled care a clinical record that includes pertinent past and current medical, nursing, social and other therapeutic information, the treatment orders, and other such information as is necessary for the safe and adequate care of the patient. When home health services are terminated, the record must show the date and reason for termination. Such records are considered patient records under s. 400.494, and must be maintained by the home health agency for 6 years following termination of services. If a patient transfers to another home health agency, a copy of his or her record must be provided to the other home health agency upon request.
(2) The home health agency must maintain for each client who receives nonskilled care a service provision plan. Such records must be maintained by the home health agency for 3 years following termination of services.
History.—s. 47, ch. 75-233; s. 2, ch. 81-318; ss. 79, 83, ch. 83-181; ss. 10, 23, ch. 93-214; s. 784, ch. 95-148; s. 25, ch. 98-166; s. 8, ch. 99-332; s. 20, ch. 2000-153; s. 16, ch. 2000-160; s. 6, ch. 2005-243; s. 7, ch. 2008-246.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 400 - Nursing Homes and Related Health Care Facilities › Part III - Home Health Services (Ss. 400.461-400.54) › 400.494 - Information about patients confidential.

400.494 Information about patients confidential.—
(1) Information about patients received by persons employed by, or providing services to, a home health agency or received by the licensing agency through reports or inspection shall be confidential and exempt from the provisions of s. 119.07(1) and shall only be disclosed to any person, other than the patient, as permitted under the provisions of 45 C.F.R. ss. 160.102, 160.103, and 164, subpart A, commonly referred to as the HIPAA Privacy Regulation; except that clinical records described in ss. 381.004, 384.29, 385.202, 392.65, 394.4615, 395.404, 397.501, and 760.40 shall be disclosed as authorized in those sections.
(2) This section does not apply to information lawfully requested by the Medicaid Fraud Control Unit of the Department of Legal Affairs.
History.—s. 48, ch. 75-233; s. 2, ch. 81-318; ss. 79, 83, ch. 83-181; s. 20, ch. 90-347; s. 23, ch. 93-214; s. 229, ch. 96-406; s. 4, ch. 2000-163; s. 7, ch. 2005-243.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 400 - Nursing Homes and Related Health Care Facilities › Part III - Home Health Services (Ss. 400.461-400.54) › 400.51 - Patients with Alzheimer’s disease or other related disorders; staff training requirements.

400.51 Patients with Alzheimer’s disease or other related disorders; staff training requirements.—A person employed, contracted, or referred by a nurse registry or a person registered with the agency to provide companion or homemaker services must complete the training required under s. 430.5025.
History.—s. 5, ch. 2023-278.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 400 - Nursing Homes and Related Health Care Facilities › Part III - Home Health Services (Ss. 400.461-400.54) › 400.512 - Screening of home health agency personnel; nurse registry personnel and contractors; and companions and homemakers.

400.512 Screening of home health agency personnel; nurse registry personnel and contractors; and companions and homemakers.—The agency, registry, or service shall require level 2 background screening for employees or contractors as required in s. 408.809(1)(e) pursuant to chapter 435 and s. 408.809.
History.—s. 14, ch. 93-214; s. 21, ch. 94-134; s. 21, ch. 94-135; s. 1057, ch. 95-148; s. 17, ch. 95-152; s. 14, ch. 95-158; s. 1, ch. 95-201; s. 40, ch. 95-228; s. 128, ch. 95-418; s. 11, ch. 96-268; ss. 230, 231, ch. 96-406; s. 12, ch. 99-332; ss. 105, 163, ch. 2000-318; s. 82, ch. 2000-349; s. 24, ch. 2004-267; s. 9, ch. 2005-243; s. 82, ch. 2007-230; s. 8, ch. 2010-114.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 400 - Nursing Homes and Related Health Care Facilities › Part III - Home Health Services (Ss. 400.461-400.54) › 400.518 - Prohibited referrals to home health agencies.

400.518 Prohibited referrals to home health agencies.—
(1) A physician licensed under chapter 458 or chapter 459 must comply with s. 456.053.
(2) A hospital or an ambulatory surgical center that has a financial interest in a home health agency is prohibited from requiring any physician on its staff to refer a patient to the home health agency.
(3)(a) A violation of this section is punishable by an administrative fine not to exceed $15,000. The proceeds of such fines must be deposited into the Health Care Trust Fund.
(b) A physician who violates this section is subject to disciplinary action by the appropriate board under s. 458.331(2) or s. 459.015(2). A hospital or ambulatory surgical center that violates this section is subject to s. 395.0185(2).
(4) The agency shall impose an administrative fine of $15,000 if a home health agency provides nurses, certified nursing assistants, home health aides, or other staff without charge to a facility licensed under chapter 429 in return for patient referrals from the facility. The proceeds of such fines shall be deposited into the Health Care Trust Fund.
History.—s. 17, ch. 93-214; s. 26, ch. 98-166; s. 17, ch. 2000-160; s. 10, ch. 2008-246; s. 125, ch. 2013-18.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 400 - Nursing Homes and Related Health Care Facilities › Part III - Home Health Services (Ss. 400.461-400.54) › 400.5185 - Review and modification of prior authorization.

400.5185 Review and modification of prior authorization.—The Agency for Health Care Administration shall review the process, procedures, and contractor’s performance for the prior authorization of home health agency visits that are in excess of 60 visits over the lifetime of a Medicaid recipient. The agency shall determine whether modifications are necessary in order to reduce Medicaid fraud and abuse related to home health services for a Medicaid recipient which are not medically necessary. If modifications to the prior authorization function are necessary, the agency shall amend the contract to require contractor performance that reduces potential Medicaid fraud and abuse with respect to home health agency visits.
History.—s. 15, ch. 2008-246.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 400 - Nursing Homes and Related Health Care Facilities › Part III - Home Health Services (Ss. 400.461-400.54) › 400.52 - Excellence in Home Health Program.

400.52 Excellence in Home Health Program.—
(1) There is created within the agency the Excellence in Home Health Program for the purpose of awarding home health agencies that meet the criteria specified in this section.
(2)(a) The agency shall adopt rules establishing criteria for the program which must include, at a minimum, meeting standards relating to:
1. Patient satisfaction.
2. Patients requiring emergency care for wound infections.
3. Patients admitted or readmitted to an acute care hospital.
4. Patient improvement in the activities of daily living.
5. Employee satisfaction.
6. Quality of employee training.
7. Employee retention rates.
8. High performance under federal Medicaid electronic visit verification requirements.
(b) The agency must annually evaluate home health agencies seeking the award which apply on a form and in the manner designated by rule.
(3) The home health agency must:
(a) Be actively licensed and operating for at least 24 months to be eligible to apply for a program award. An award under the program is not transferable to another license, except when the existing home health agency is being relicensed in the name of an entity related to the current licenseholder by common control or ownership, and there will be no change in the management, operation, or programs of the home health agency as a result of the relicensure.
(b) Have had no licensure denials, revocations, or any Class I, Class II, or uncorrected Class III deficiencies within the 24 months preceding the application for the program award.
(4) The award designation shall expire on the same date as the home health agency’s license. A home health agency must reapply and be approved for the award designation to continue using the award designation in the manner authorized under subsection (5).
(5) A home health agency that is awarded under the program may use the designation in advertising and marketing. However, a home health agency may not use the award designation in any advertising or marketing if the home health agency:
(a) Has not been awarded the designation;
(b) Fails to renew the award upon expiration of the award designation;
(c) Has undergone a change in ownership that does not qualify for an exception under paragraph (3)(a); or
(d) Has been notified that it no longer meets the criteria for the award upon reapplication after expiration of the award designation.
(6) An application for an award designation under the program is not an application for licensure. A designation award or denial by the agency under this section does not constitute final agency action subject to chapter 120.
History.—s. 9, ch. 2020-9.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 400 - Nursing Homes and Related Health Care Facilities › Part III - Home Health Services (Ss. 400.461-400.54) › 400.54 - Annual assessment of the home health aide for medically fragile children program.

400.54 Annual assessment of the home health aide for medically fragile children program.—The agency shall conduct an annual assessment of the home health aide for medically fragile children program. The assessment must report caregiver satisfaction with the program, identify additional support that may be needed by the home health aide for medically fragile children, and assess the rate and extent of hospitalization of children in home health services who are attended by a home health aide for medically fragile children compared to those in home health services without a home health aide for medically fragile children. By January 1 of each year, beginning January 1, 2025, the agency shall report its findings to the Governor, the President of the Senate, and the Speaker of the House of Representatives.
History.—s. 7, ch. 2023-183.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 400 - Nursing Homes and Related Health Care Facilities › Part IV - Hospices (Ss. 400.6005-400.611) › 400.6005 - Legislative findings and intent.

400.6005 Legislative findings and intent.—The Legislature finds that terminally ill individuals and their families, who are no longer pursuing curative medical treatment, should have the opportunity to select a support system that permits the patient to exercise maximum independence and dignity during the final days of life. The Legislature finds that hospice care provides a cost-effective and less intrusive form of medical care while meeting the social, psychological, and spiritual needs of terminally ill patients and their families. The intent of this part is to provide for the development, establishment, and enforcement of basic standards to ensure the safe and adequate care of persons receiving hospice services.
History.—s. 1, ch. 93-179.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 400 - Nursing Homes and Related Health Care Facilities › Part IV - Hospices (Ss. 400.6005-400.611) › 400.601 - Definitions.

400.601 Definitions.—As used in this part, the term:
(1) “Agency” means the Agency for Health Care Administration.
(2) “Department” means the Department of Elderly Affairs.
(3) “Hospice” means a centrally administered corporation or a limited liability company that provides a continuum of palliative and supportive care for the terminally ill patient and his or her family.
(4) “Hospice care team” means an interdisciplinary team of qualified professionals and volunteers who, in consultation with the patient, the patient’s family, and the patient’s primary or attending physician, collectively assess, coordinate, and provide the appropriate palliative and supportive care to hospice patients and their families.
(5) “Hospice residential unit” means a homelike living facility, other than a facility licensed under other parts of this chapter, under chapter 395, or under chapter 429, that is operated by a hospice for the benefit of its patients and is considered by a patient who lives there to be his or her primary residence.
(6) “Hospice services” means items and services furnished to a patient and family by a hospice, or by others under arrangements with such a program, in a place of temporary or permanent residence used as the patient’s home for the purpose of maintaining the patient at home; or, if the patient needs short-term institutionalization, the services shall be furnished in cooperation with those contracted institutions or in the hospice inpatient facility.
(7) “Palliative care” means services or interventions which are not curative but are provided for the reduction or abatement of pain and human suffering.
(8) “Patient” means the terminally ill individual receiving hospice services.
(9) “Plan of care” means a written assessment by the hospice of each patient’s and family’s needs and preferences, and the services to be provided by the hospice to meet those needs.
(10) “Terminally ill” means that the patient has a medical prognosis that his or her life expectancy is 1 year or less if the illness runs its normal course.
History.—s. 1, ch. 79-186; s. 1, ch. 80-64; s. 256, ch. 81-259; s. 2, ch. 81-318; ss. 79, 83, ch. 83-181; ss. 2, 14, ch. 93-179; s. 788, ch. 95-148; s. 57, ch. 95-418; s. 1, ch. 2006-155; s. 65, ch. 2006-197; s. 14, ch. 2012-160.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 400 - Nursing Homes and Related Health Care Facilities › Part IV - Hospices (Ss. 400.6005-400.611) › 400.602 - Licensure required; prohibited acts; exemptions; display, transferability of license.

400.602 Licensure required; prohibited acts; exemptions; display, transferability of license.—
(1)(a) 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 in order to operate a hospice in this state. Any person or legal entity that is not licensed as a hospice under this part may not use the word “hospice” in its name, or offer or advertise hospice services or hospice-like services in such a way as to mislead a person to believe that the offeror is a hospice licensed under this part.
(b) It is unlawful for any person or legal entity offering, describing, or advertising hospice services or hospice-like services or otherwise holding itself out as a hospice to do so without stating the year of initial licensure as a hospice in the state or the year of initial licensure of the hospice entity or affiliate based in the state that owns the hospice. At a minimum, the year of initial licensure must be stated directly beneath the name of the licensed entity in a type no less than 25 percent of the size of the type used for the name or other indication of hospice services or hospice-like services and must be prominently stated at least one time on any document, item, or other medium offering, describing, or advertising hospice services or hospice-like services. This requirement excludes any materials relating to the care and treatment of an existing hospice patient.
(2) Services provided by a hospital, nursing home, or other health care facility, health care provider, or caregiver, or under the Community Care for the Elderly Act, do not constitute a hospice unless the facility, provider, or caregiver establishes a separate and distinct administrative program to provide home, residential, and homelike inpatient hospice services.
(3)(a) A separately licensed hospice may not use a name which is substantially the same as the name of another hospice licensed under this part.
(b) A licensed hospice which intends to change its name or address must notify the agency at least 60 days before making the change.
History.—s. 3, ch. 79-186; s. 2, ch. 80-64; s. 2, ch. 81-271; s. 2, ch. 81-318; ss. 66, 79, 83, ch. 83-181; s. 10, ch. 89-527; ss. 3, 14, ch. 93-179; s. 58, ch. 95-418; s. 11, ch. 97-270; s. 2, ch. 2006-155; s. 84, 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) › 400.605 - Administration; forms; fees; rules; inspections; fines.

400.605 Administration; forms; fees; rules; inspections; fines.—
(1) The agency shall by rule establish minimum standards and procedures for a hospice pursuant to this part. The rules must include:
(a) The qualifications of professional and ancillary personnel to ensure the provision of appropriate and adequate hospice care.
(b) Standards and procedures for the administrative management of a hospice.
(c) Standards for hospice services that ensure the provision of quality patient care.
(d) Components of a patient plan of care.
(e) Procedures relating to the implementation of advanced directives and do-not-resuscitate orders.
(f) Procedures for maintaining and ensuring confidentiality of patient records.
(g) Standards for hospice care provided in freestanding inpatient facilities that are not otherwise licensed medical facilities and in residential care facilities such as nursing homes, assisted living facilities, adult family-care homes, and hospice residential units and facilities.
(h) Components of a comprehensive emergency management plan, developed in consultation with the Department of Health and the Division of Emergency Management.
(i) Standards and procedures relating to the establishment and activities of a quality assurance and utilization review committee.
(j) Components and procedures relating to the collection of patient demographic data and other information on the provision of hospice care in this state.
(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 exceed $1,200 per biennium.
(3) In accordance with s. 408.811, the agency shall conduct such inspections and investigations as are necessary in order to determine the state of compliance with this part, part II of chapter 408, and applicable rules.
(4) In accordance with part II of chapter 408, the agency may impose an administrative fine for any violation of the provisions of this part, part II of chapter 408, or applicable rules.
History.—s. 2, ch. 79-186; s. 2, ch. 81-318; ss. 69, 79, 83, ch. 83-181; s. 13, ch. 91-282; ss. 4, 14, ch. 93-179; s. 59, ch. 95-418; s. 1, ch. 99-139; s. 15, ch. 2000-140; s. 2, ch. 2005-191; s. 85, ch. 2007-230; s. 278, ch. 2011-142; s. 4, ch. 2019-11; s. 15, ch. 2020-156.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 400 - Nursing Homes and Related Health Care Facilities › Part IV - Hospices (Ss. 400.6005-400.611) › 400.60501 - Outcome measures; adoption of federal quality measures; public reporting.

400.60501 Outcome measures; adoption of federal quality measures; public reporting.—
(1) The agency shall adopt the national hospice outcome measures and survey data in 42 C.F.R. part 418 to determine the quality and effectiveness of hospice care for hospices licensed in the state.
(2) The agency shall make available to the public the national hospice outcome measures and survey data in a format that is comprehensible by a layperson and that allows a consumer to compare such measures of one or more hospices.
History.—s. 7, ch. 2006-155; s. 1, ch. 2017-119; s. 5, ch. 2019-11; s. 16, ch. 2020-156.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 400 - Nursing Homes and Related Health Care Facilities › Part IV - Hospices (Ss. 400.6005-400.611) › 400.6051 - Construction and renovation; requirements.

400.6051 Construction and renovation; requirements.—
(1) The requirements for the construction and the renovation of a hospice residential or inpatient facility or unit must comply with the provisions of chapter 553 which pertain to building construction standards, including plumbing, electrical code, glass, manufactured buildings, accessibility for persons with disabilities, and the state minimum building codes. The Agency for Health Care Administration shall provide technical assistance to the Florida Building Commission in updating the construction standards of the Florida Building Code which govern hospice facilities.
(2) Upon request by the prospective licensee of an inpatient hospice facility, the agency may provide an informal review of a facility prior to construction in order to assist the facility in complying with agency rules and this part.
(3) The agency may charge a fee that is commensurate with the cost of providing consultation under this section and that is not refundable.
History.—s. 3, ch. 2005-191; s. 1, ch. 2007-238.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 400 - Nursing Homes and Related Health Care Facilities › Part IV - Hospices (Ss. 400.6005-400.611) › 400.606 - License; application; renewal; conditional license or permit; certificate of need.

400.606 License; application; renewal; conditional license or permit; certificate of need.—
(1) In addition to the requirements of part II of chapter 408, the initial application and change of ownership application must be accompanied by a plan for the delivery of home, residential, and homelike inpatient hospice services to terminally ill persons and their families. Such plan must contain, but need not be limited to:
(a) The estimated average number of terminally ill persons to be served monthly.
(b) The geographic area in which hospice services will be available.
(c) A listing of services which are or will be provided, either directly by the applicant or through contractual arrangements with existing providers.
(d) Provisions for the implementation of hospice home care within 3 months after licensure.
(e) Provisions for the implementation of hospice homelike inpatient care within 12 months after licensure.
(f) The number and disciplines of professional staff to be employed.
(g) The name and qualifications of any existing or potential contractee.
(h) A plan for attracting and training volunteers.
(2) In addition to the requirements of part II of chapter 408, the application for license renewal shall be accompanied by an update of the plan for delivery of hospice care only if information contained in the plan submitted pursuant to subsection (1) is no longer applicable.
(3) The agency shall not issue a license to a hospice that fails to receive a certificate of need under the provisions of part I of chapter 408. A licensed hospice is a health care facility as that term is used in s. 408.039(5) and is entitled to initiate or intervene in an administrative hearing.
(4) A freestanding hospice facility that is engaged in providing inpatient and related services and that is not otherwise licensed as a health care facility shall obtain a certificate of need. However, a freestanding hospice facility that has six or fewer beds is not required to comply with institutional standards such as, but not limited to, standards requiring sprinkler systems, emergency electrical systems, or special lavatory devices.
(5) The agency may deny a license to an applicant that fails to meet any condition for the provision of hospice care or services imposed by the agency on a certificate of need by final agency action, unless the applicant can demonstrate that good cause exists for the applicant’s failure to meet such condition.
History.—s. 6, ch. 79-186; s. 5, ch. 81-271; s. 2, ch. 81-318; ss. 70, 79, 83, ch. 83-181; s. 47, ch. 87-92; ss. 5, 14, ch. 93-179; s. 60, ch. 95-418; s. 54, ch. 98-171; s. 3, ch. 2006-155; s. 86, ch. 2007-230; s. 15, ch. 2012-160; s. 53, ch. 2018-24.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 400 - Nursing Homes and Related Health Care Facilities › Part IV - Hospices (Ss. 400.6005-400.611) › 400.6065 - Background screening.

400.6065 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.—ss. 55, 71, ch. 98-171; s. 22, ch. 2000-349; s. 25, ch. 2001-53; s. 2, ch. 2001-67; s. 148, ch. 2001-277; s. 17, ch. 2004-267; s. 87, ch. 2007-230; s. 9, ch. 2010-114.