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Florida Laws: FL Statutes - Title XXXVII Chapter 651 Continuing Care Contracts
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Florida Laws > Insurance > Florida Laws: FL Statutes - Title XXXVII Chapter 651 Continuing Care Contracts
- 651.011 Definitions.
For the purposes of this chapter, the term: (1) "Advisory council" means the Continuing Care Advisory Council established by s. 651.121. (2) "Continuing care" or "care" means...
- 651.012 Exempted facility; written disclosure of exemption.
Any facility exempted under ss. 632.637(1)(e) and 651.011(6) must provide written disclosure of such exemption to each person admitted to the facility after October 1,...
- 651.013 Chapter exclusive; applicability of other laws.
(1) Except as herein provided, providers of continuing care shall be governed by the provisions of this chapter and shall be exempt from all other provisions...
- 651.014 Insurance business not authorized.
Nothing in the Florida Insurance Code or this chapter shall be deemed to authorize any provider of a continuing care facility to transact any insurance...
- 651.015 Administration; forms; fees; rules; fines.
The administration of this chapter is vested in the commission, office, and department, which shall: (1) Prepare and furnish all forms necessary under the provisions of...
- 651.018 Administrative supervision.
The office may place a facility in administrative supervision pursuant to part VI of chapter 624. History.--ss. 2, 16, ch. 91-98; s. 12, ch. 93-22;...
- 651.019 New financing, additional financing, or refinancing.
(1) After issuance of a certificate of authority, the provider shall submit to the office a general outline, including intended use of proceeds, with respect to...
- 651.021 Certificate of authority required.
(1) No person may engage in the business of providing continuing care or issuing continuing care agreements or construct a facility for the purpose of providing...
- 651.022 Provisional certificate of authority; application.
(1) Each applicant for a certificate of authority shall first apply for and obtain a provisional certificate of authority pursuant to this section. (2) The application for...
- 651.023 Certificate of authority; application.
(1) After issuance of a provisional certificate of authority, the office shall issue to the holder of such provisional certificate of authority a certificate of authority;...
- 651.0235 Validity of provisional certificates of authority and certificates of authority.
(1) The provisional certificate of authority and certificate of authority shall be valid for as long as the office determines that the provider continues to meet...
- 651.024 Acquisition.
A person issued a certificate of authority to operate a continuing care facility or a provisional certificate of authority shall be subject to the provisions...
- 651.026 Annual reports.
(1) Annually, on or before May 1, the provider shall file an annual report and such other information and data showing its condition as of the...
- 651.0261 Quarterly statements.
If the office finds, pursuant to rules of the commission, that such information is needed to properly monitor the financial condition of a provider or...
- 651.028 Accredited facilities.
If a provider is accredited by a process found by the office to be acceptable and substantially equivalent to the provisions of this chapter, the...
- 651.033 Escrow accounts.
(1) When funds are required to be deposited in an escrow account pursuant to s. 651.022, s. 651.023, s. 651.035, or s. 651.055: (a) The escrow account...
- 651.035 Minimum liquid reserve requirements.
(1) A provider shall maintain in escrow a minimum liquid reserve consisting of the applicable reserves specified in subsection (2). (2)(a) A provider shall maintain in escrow...
- 651.051 Maintenance of assets and records in state.
No records or assets may be removed from this state by a provider unless the office consents to such removal in writing before such removal....
- 651.055 Contracts; right to rescind.
(1) Each continuing care contract and each addendum to such contract shall be submitted to and approved by the office prior to its use in this...
- 651.061 Dismissal or discharge of resident; refund.
(1) No contract for care shall permit dismissal or discharge of the resident from the facility providing care before the expiration of the contract, without just...
- 651.065 Waiver of statutory protection.
No act, agreement, or statement of any resident, or of an individual purchasing care for a resident, under any contract to furnish care to the...
- 651.071 Contracts as preferred claims on liquidation or receivership.
(1) In the event of receivership or liquidation proceedings against a provider, all continuing care contracts executed by a provider shall be deemed preferred claims against...
- 651.081 Continuing care facilities residents' organizations.
(1) Residents living in a facility holding a valid certificate of authority under this chapter have the right of self-organization, the right to be represented by...
- 651.083 Residents' rights.
(1) No resident of any facility shall be deprived of any civil or legal rights, benefits, or privileges guaranteed by law, by the State Constitution, or...
- 651.085 Quarterly meetings between residents and the governing body of the provider; resident representation before the governing body of the provider.
(1) The governing body of a provider, or the designated representative of the provider, shall hold quarterly meetings with the residents of the continuing care facility...
- 651.091 Availability, distribution, and posting of reports and records; requirement of full disclosure.
(1) Each continuing care facility shall maintain as public information, available upon request, records of all cost and inspection reports pertaining to that facility that have...
- 651.095 Advertisements; requirements; penalties.
(1) Upon application for a provisional certificate of authority, the office shall require the applicant to submit for approval all advertising. Approval of the application constitutes...
- 651.105 Examination and inspections.
(1) The office may at any time, and shall at least once every 3 years, examine the business of any applicant for a certificate of authority...
- 651.106 Grounds for discretionary refusal, suspension, or revocation of certificate of authority.
The office, in its discretion, may deny, suspend, or revoke the provisional certificate of authority or the certificate of authority of any applicant or provider...
- 651.107 Duration of suspension; obligations during suspension period; reinstatement.
(1) Suspension of a certificate of authority shall be for such period, not to exceed 1 year, as is fixed by the office in the order...
- 651.108 Administrative fines.
(1) If the office finds that one or more grounds exist for the discretionary revocation or suspension of a certificate of authority issued under this chapter,...
- 651.1081 Remedies available in cases of unlawful sale.
(1) Upon a determination by the office that a provider is or has been violating the provisions of this chapter, the office may order the provider...
- 651.111 Requests for inspections.
(1) Any interested party may request an inspection of the records and related financial affairs of a provider providing care in accordance with the provisions of...
- 651.114 Delinquency proceedings; remedial rights.
(1) Upon determination by the office that a provider is not in compliance with this chapter, the office may notify the chair of the advisory council,...
- 651.1151 Administrative, vendor, and management contracts.
(1) The office may require a provider to submit any contract for administrative, vendor, or management services if the office has information and belief that a...
- 651.116 Delinquency proceedings; additional provisions.
Whenever the department has been appointed pursuant to the provisions of part I of chapter 631 as receiver of a provider, the circuit court in...
- 651.117 Order of liquidation; duties of the Department of Children and Family Services and the Agency for Health Care Administration.
Whenever an order of liquidation has been entered against a provider, the receiver shall notify the Department of Children and Family Services and the Agency...
- 651.118 Agency for Health Care Administration; certificates of need; sheltered beds; community beds.
(1) The provisions of this section shall control in the case of conflict with the provisions of the Health Facility and Services Development Act, ss. 408.031-408.045;...
- 651.119 Assistance to persons affected by closure due to liquidation or pending liquidation.
(1) If a facility closes and ceases to operate as a result of liquidation or pending liquidation and residents are forced to relocate, the department shall...
- 651.121 Advisory council.
(1) The Continuing Care Advisory Council to the office is created to consist of 10 members who are residents of this state appointed by the Governor...
- 651.123 Alternative dispute resolution.
The commission shall, by rule, adopt alternative procedures for resolution of disputes between residents and providers. The rules shall provide for an informal, nonbinding mediation...
- 651.125 Criminal penalties; injunctive relief.
(1) Any person who maintains, enters into, or, as manager or officer or in any other administrative capacity, assists in entering into, maintaining, or performing any...
- 651.13 Civil action.
Any resident injured by a violation of this chapter may bring an action for the recovery of damages plus reasonable attorney's fees. History.--s. 1, ch....
- 651.131 Actions under prior law.
(1) With respect to any proceedings hereafter instituted by any person believing himself or herself to be aggrieved by a violation of any of the provisions...
- 651.132 Amendment or renewal of existing contracts.
Any contract or agreement executed before October 1, 1983, which is amended or renewed subsequent to October 1, 1983, is subject to this act. History.--s....
- 651.133 Provisional certificates issued under prior law.
(1) A person who holds a valid provisional certificate of authority issued before the effective date of this section and who obtains a valid certificate of...
- 651.134 Investigatory records.
Any active investigatory record of the office made or received under this chapter, and any active examination record necessary to complete an active investigation, is...
Last modified: March 26, 2010
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