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Florida Laws: FL Statutes - Title XXIX Chapter 400 Nursing Homes and Related Health Care Facilities
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Florida Laws > Public Health > Florida Laws: FL Statutes - Title XXIX Chapter 400 Nursing Homes and Related Health Care Facilities
Part I - Long-term Care Facilities: Ombudsman Program
(ss. 400.0060-400.0091)
- §400.0060 Definitions.
When used in this part, unless the context clearly dictates otherwise, the term: (1) "Administrative assessment" means a review of conditions in a long-term care facility...
- §400.0061 Legislative findings and intent; long-term care facilities.
(1) The Legislature finds that conditions in long-term care facilities in this state are such that the rights, health, safety, and welfare of residents are not...
- §400.0063 Establishment of Office of State Long-Term Care Ombudsman; designation of ombudsman and legal advocate.
(1) There is created an Office of State Long-Term Care Ombudsman in the Department of Elderly Affairs. (2)(a) The Office of State Long-Term Care Ombudsman shall be...
- §400.0065 State Long-Term Care Ombudsman; duties and responsibilities.
(1) The purpose of the Office of State Long-Term Care Ombudsman shall be to: (a) Identify, investigate, and resolve complaints made by or on behalf of residents...
- §400.0067 State Long-Term Care Ombudsman Council; duties; membership.
(1) There is created within the Office of State Long-Term Care Ombudsman, the State Long-Term Care Ombudsman Council. (2) The State Long-Term Care Ombudsman Council shall: (a) Serve...
- §400.0069 Local long-term care ombudsman councils; duties; membership.
(1)(a) The ombudsman shall designate local long-term care ombudsman councils to carry out the duties of the State Long-Term Care Ombudsman Program within local communities. Each...
- §400.0070 Conflicts of interest.
(1) The ombudsman shall not: (a) Have a direct involvement in the licensing or certification of, or an ownership or investment interest in, a long-term care facility...
- §400.0071 State Long-Term Care Ombudsman Program complaint procedures.
The department shall adopt rules implementing state and local complaint procedures. The rules must include procedures for: (1) Receiving complaints against a long-term care facility or...
- §400.0073 State and local ombudsman council investigations.
(1) A local council shall investigate, within a reasonable time after a complaint is made, any complaint of a resident, a representative of a resident, or...
- §400.0074 Local ombudsman council onsite administrative assessments.
(1) In addition to any specific investigation conducted pursuant to a complaint, the local council shall conduct, at least annually, an onsite administrative assessment of each...
- §400.0075 Complaint notification and resolution procedures.
(1)(a) Any complaint or problem verified by an ombudsman council as a result of an investigation or onsite administrative assessment, which complaint or problem is determined...
- §400.0077 Confidentiality.
(1) The following are confidential and exempt from the provisions of s. 119.07(1): (a) Resident records held by the ombudsman or by the state or a local...
- §400.0078 Citizen access to State Long-Term Care Ombudsman Program services.
(1) The office shall establish a statewide toll-free telephone number for receiving complaints concerning matters adversely affecting the health, safety, welfare, or rights of residents. (2) Every...
- §400.0079 Immunity.
(1) Any person making a complaint pursuant to this part who does so in good faith shall be immune from any liability, civil or criminal, that...
- §400.0081 Access to facilities, residents, and records.
(1) A long-term care facility shall provide the office, the state council and its members, and the local councils and their members access to: (a) Any portion...
- §400.0083 Interference; retaliation; penalties.
(1) It shall be unlawful for any person, long-term care facility, or other entity to willfully interfere with a representative of the office, the state council,...
- §400.0087 Department oversight; funding.
(1) The department shall meet the costs associated with the State Long-Term Care Ombudsman Program from funds appropriated to it. (a) The department shall include the costs...
- §400.0089 Complaint data reports.
The office shall maintain a statewide uniform reporting system to collect and analyze data relating to complaints and conditions in long-term care facilities and to...
- §400.0091 Training.
The ombudsman shall ensure that appropriate training is provided to all employees of the office and to the members of the state and local councils....
Part II - Nursing Homes(ss. 400.011-400.334)
- §400.011 Purpose.
The purpose of this part is to provide for the development, establishment, and enforcement of basic standards for: (1) The health, care, and treatment of persons...
- §400.021 Definitions.
When used in this part, unless the context otherwise requires, the term: (1) "Administrator" means the licensed individual who has the general administrative charge of a...
- §400.022 Residents' rights.
(1) All licensees of nursing home facilities shall adopt and make public a statement of the rights and responsibilities of the residents of such facilities and...
- §400.023 Civil enforcement.
(1) Any resident whose rights as specified in this part are violated shall have a cause of action. The action may be brought by the resident...
- §400.0233 Presuit notice; investigation; notification of violation of resident's rights or alleged negligence; claims evaluation procedure; informal discovery; review; settlement offer; mediation.
(1) As used in this section, the term: (a) "Claim for resident's rights violation or negligence" means a negligence claim alleging injury to or the death of...
- §400.0234 Availability of facility records for investigation of resident's rights violations and defenses; penalty.
(1) Failure to provide complete copies of a resident's records, including, but not limited to, all medical records and the resident's chart, within the control or...
- §400.0235 Certain provisions not applicable to actions under this part.
An action under this part for a violation of rights or negligence recognized under this part is not a claim for medical malpractice, and the...
- §400.0236 Statute of limitations.
(1) Any action for damages brought under this part shall be commenced within 2 years from the time the incident giving rise to the action occurred...
- §400.0237 Punitive damages; pleading; burden of proof.
(1) In any action for damages brought under this part, no claim for punitive damages shall be permitted unless there is a reasonable showing by evidence...
- §400.0238 Punitive damages; limitation.
(1)(a) Except as provided in paragraphs (b) and (c), an award of punitive damages may not exceed the greater of: 1. Three times the amount of compensatory...
- §400.0239 Quality of Long-Term Care Facility Improvement Trust Fund.
(1) There is created within the Agency for Health Care Administration a Quality of Long-Term Care Facility Improvement Trust Fund to support activities and programs directly...
- §400.0255 Resident transfer or discharge; requirements and procedures; hearings.
(1) As used in this section, the term: (a) "Discharge" means to move a resident to a noninstitutional setting when the releasing facility ceases to be responsible...
- §400.051 Homes or institutions exempt from the provisions of this part.
(1) The following shall be exempt from the provisions of this part: (a) Any facility, institution, or other place operated by the Federal Government or a federal...
- §400.062 License required; fee; disposition.
(1) The requirements of part II of chapter 408 apply to the provision of services that require licensure pursuant to this part and part II of...
- §400.0625 Minimum standards for clinical laboratory test results and diagnostic X-ray results.
(1) Each nursing home, as a requirement for issuance or renewal of its license, shall require that all clinical laboratory tests performed for the nursing home...
- §400.063 Resident protection.
(1) The Health Care Trust Fund shall be used for the purpose of collecting and disbursing funds generated from the license fees and administrative fines as...
- §400.071 Application for license.
(1) In addition to the requirements of part II of chapter 408, the application for a license shall be under oath and must contain the following:...
- §400.0712 Application for inactive license.
(1) As specified in this section, the agency may issue an inactive license to a nursing home facility for all or a portion of its beds....
- §400.102 Action by agency against licensee; grounds.
In addition to the grounds listed in part II of chapter 408, any of the following conditions shall be grounds for action by the agency...
- §400.111 Disclosure of controlling interest.
In addition to the requirements of part II of chapter 408, the licensee shall submit a signed affidavit disclosing any financial or ownership interest that...
- §400.118 Quality assurance; early warning system; monitoring; rapid response teams.
(1) The agency shall establish an early warning system to detect conditions in nursing facilities that could be detrimental to the health, safety, and welfare of...
- §400.1183 Resident grievance procedures.
(1) Every nursing home must have a grievance procedure available to its residents and their families. The grievance procedure must include: (a) An explanation of how to...
- §400.119 Confidentiality of records and meetings of risk management and quality assurance committees.
(1) Incident reports filed with the risk manager and administrator of a long-term care facility licensed under this part or part I of chapter 429, notifications...
- §400.121 Denial, suspension, revocation of license; administrative fines; procedure; order to increase staffing.
(1) The agency may deny an application, revoke or suspend a license, and impose an administrative fine, not to exceed $500 per violation per day for...
- §400.126 Receivership proceedings.
(1) As an alternative to or in conjunction with an injunctive proceeding, the agency may petition a court of competent jurisdiction for the appointment of a...
- §400.141 Administration and management of nursing home facilities.
(1) Every licensed facility shall comply with all applicable standards and rules of the agency and shall: (a) Be under the administrative direction and charge of a...
- §400.1413 Volunteers in nursing homes.
(1) It is the intent of the Legislature to encourage the involvement of volunteers in nursing homes in this state. The Legislature also acknowledges that the...
- §400.1415 Patient records; penalties for alteration.
(1) Any person who fraudulently alters, defaces, or falsifies any medical record or releases medical records for the purposes of solicitation or marketing the sale of...
- §400.142 Emergency medication kits; orders not to resuscitate.
(1) Other provisions of this chapter or of chapter 465, chapter 499, or chapter 893 to the contrary notwithstanding, each nursing home operating pursuant to a...
- §400.145 Records of care and treatment of resident; copies to be furnished.
(1) Unless expressly prohibited by a legally competent resident, any nursing home licensed pursuant to this part shall furnish to the spouse, guardian, surrogate, proxy, or...
- §400.147 Internal risk management and quality assurance program.
(1) Every facility shall, as part of its administrative functions, establish an internal risk management and quality assurance program, the purpose of which is to assess...
- §400.148 Medicaid "Up-or-Out" Quality of Care Contract Management Program.
(1) The Legislature finds that the federal Medicare program has implemented successful models of managing the medical and supportive-care needs of long-term nursing home residents. These...
- §400.151 Contracts.
(1) The presence of each resident in a facility shall be covered by a contract, executed by the licensee and the resident or his or her...
- §400.162 Property and personal affairs of residents.
(1) The admission of a resident to a facility and his or her presence in the facility shall not confer on the facility or its owner,...
- §400.165 Itemized resident billing, form and content prescribed by the agency.
(1) Within 7 days following discharge or release from a nursing home, or within 7 days after the earliest date at which the cost of all...
- §400.17 Bribes, kickbacks, certain solicitations prohibited.
(1) As used in this section, the term: (a) "Bribe" means any consideration corruptly given, received, promised, solicited, or offered to any individual with intent or purpose...
- §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...
- §400.1755 Care for persons with Alzheimer's disease or related disorders.
(1) As a condition of licensure, facilities licensed under this part must provide to each of their employees, upon beginning employment, basic written information about interacting...
- §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...
- §400.179 Liability for Medicaid underpayments and overpayments.
(1) It is the intent of the Legislature to protect the rights of nursing home residents and the security of public funds when a 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,...
- §400.19 Right of entry and inspection.
(1) In accordance with part II of chapter 408, the agency and any duly designated officer or employee thereof or a member of the State Long-Term...
- §400.191 Availability, distribution, and posting of reports and records.
(1) The agency shall provide information to the public about all of the licensed nursing home facilities operating in the state. The agency shall, within 60...
- §400.195 Agency reporting requirements.
(1) For the period beginning June 30, 2001, and ending June 30, 2005, the Agency for Health Care Administration shall provide a report to the Governor,...
- §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...
- §400.211 Persons employed as nursing assistants; certification requirement.
(1) To serve as a nursing assistant in any nursing home, a person must be certified as a nursing assistant under part II of chapter 464,...
- §400.215 Personnel screening requirement.
(1) The agency shall require background screening as provided in chapter 435 for all employees or prospective employees of facilities licensed under this part who are...
- §400.23 Rules; evaluation and deficiencies; licensure status.
(1) It is the intent of the Legislature that rules published and enforced pursuant to this part and part II of chapter 408 shall include criteria...
- §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...
- §400.235 Nursing home quality and licensure status; Gold Seal Program.
(1) To protect the health and welfare of persons receiving care in nursing facilities, it is the intent of the Legislature to develop a regulatory framework...
- §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...
- §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...
- §400.275 Agency duties.
(1) The agency shall ensure that each newly hired nursing home surveyor, as a part of basic training, is assigned full-time to a licensed nursing home...
- §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...
- §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...
- §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...
Part III - Home Health Agencies(ss. 400.461-400.5185)
- §400.461 Short title; purpose.
(1) This part, consisting of ss. 400.461-400.518, may be cited as the "Home Health Services Act." (2) The purpose of this part is to provide for the...
- §400.462 Definitions.
As used in this part, the term: (1) "Administrator" means a direct employee, as defined in subsection (9), who is a licensed physician, physician assistant, or...
- §400.464 Home health agencies to be licensed; expiration of license; exemptions; unlawful acts; penalties.
(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...
- §400.471 Application for license; fee.
(1) Each applicant for licensure must comply with all provisions of this part and part II of chapter 408. (2) In addition to the requirements of part...
- §400.474 Administrative penalties.
(1) The agency may deny, revoke, and suspend a license and impose an administrative fine in the manner provided in chapter 120. (2) Any of the following...
- §400.476 Staffing requirements; notifications; limitations on staffing services.
(1) ADMINISTRATOR.-- (a) An administrator may manage only one home health agency, except that an administrator may manage up to five home health agencies if all five...
- §400.4785 Patients with Alzheimer's disease or other related disorders; staff training requirements; certain disclosures.
(1) A home health agency must provide the following staff training: (a) Upon beginning employment with the agency, each employee must receive basic written information about interacting...
- §400.484 Right of inspection; deficiencies; 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...
- §400.487 Home health service agreements; physician's, physician assistant's, and advanced registered nurse practitioner's treatment orders; patient assessment; establishment and review of plan of care; provision of services; orders not to resuscitate.
(1) Services provided by a home health agency must be covered by an agreement between the home health agency and the patient or the patient's legal...
- §400.488 Assistance with self-administration of medication.
(1) For purposes of this section, the term: (a) "Informed consent" means advising the patient, or the patient's surrogate, guardian, or attorney in fact, that the patient...
- §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...
- §400.492 Provision of services during an emergency.
Each home health agency shall prepare and maintain a comprehensive emergency management plan that is consistent with the standards adopted by national or state accreditation...
- §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...
- §400.497 Rules establishing minimum standards.
The agency shall adopt, publish, and enforce rules to implement part II of chapter 408 and this part, including, as applicable, ss. 400.506 and 400.509,...
- §400.506 Licensure of nurse registries; requirements; penalties.
(1) A nurse registry is exempt from the licensing requirements of a home health agency but must be licensed as a nurse registry. The requirements of...
- §400.509 Registration of particular service providers exempt from licensure; certificate of registration; regulation of registrants.
(1) Any organization that provides companion services or homemaker services and does not provide a home health service to a person is exempt from licensure under...
- §400.512 Screening of home health agency personnel; nurse registry personnel; and companions and homemakers.
The agency shall require employment or contractor screening as provided in chapter 435, using the level 1 standards for screening set forth in that chapter,...
- §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...
- §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...
Part IV - Hospices(ss. 400.6005-400.611)
- §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...
- §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...
- §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...
- §400.6045 Patients with Alzheimer's disease or other related disorders; staff training requirements; certain disclosures.
(1) A hospice licensed under this part must provide the following staff training: (a) Upon beginning employment with the agency, each employee must receive basic written information...
- §400.605 Administration; forms; fees; rules; inspections; fines.
(1) The agency, in consultation with the department, may adopt rules to administer the requirements of part II of chapter 408. The department, in consultation with...
- §400.60501 Outcome measures; adoption of national initiatives; annual report.
(1) No later than December 31, 2007, the Department of Elderly Affairs, in conjunction with the Agency for Health Care Administration, shall develop outcome measures to...
- §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...
- §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...
- §400.6065 Background screening.
The agency shall require employment or contractor screening as provided in chapter 435, using the level 1 standards for screening set forth in that chapter,...
- §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...
- §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...
- §400.609 Hospice services.
Each hospice shall provide a continuum of hospice services which afford the patient and the family of the patient a range of service delivery which...
- §400.6095 Patient admission; assessment; plan of care; discharge; death.
(1) Each hospice shall make its services available to all terminally ill persons and their families without regard to age, gender, national origin, sexual orientation, disability,...
- §400.610 Administration and management of a hospice.
(1) A hospice shall have a clearly defined organized governing body, consisting of a minimum of seven persons who are representative of the general population of...
- §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...
- §400.611 Interdisciplinary records of care; confidentiality.
(1) An up-to-date, interdisciplinary record of care being given and patient and family status shall be kept. Records shall contain pertinent past and current medical, nursing,...
Part V - Intermediate, Special Services, and Transitional Living Facilities
(ss. 400.701-400.805)
- §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....
- §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...
- §400.805 Transitional living facilities.
(1) As used in this section, the term: (a) "Agency" means the Agency for Health Care Administration. (b) "Department" means the Department of Health. (c) "Transitional living facility" means...
Part VI - Prescribed Pediatric Extended Care Centers(ss. 400.901-400.916)
- §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...
- §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...
- §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...
- §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...
- §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...
- §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...
- §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...
- §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...
- §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...
- §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,...
- §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...
Part VII - Home Medical Equipment Providers(ss. 400.92-400.957)
- §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...
- §400.925 Definitions.
As used in this part, the term: (1) "Accrediting organizations" means the Joint Commission on Accreditation of Healthcare Organizations or other national accreditation agencies whose standards...
- §400.93 Licensure required; exemptions; unlawful acts; penalties.
(1) Any person or entity that holds itself out to the public as providing home medical equipment and services or accepts physician orders for home medical...
- §400.931 Application for license; fee; provisional license; temporary permit.
(1) In addition to the requirements of part II of chapter 408, the applicant must file with the application satisfactory proof that the home medical equipment...
- §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...
- §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,...
- §400.934 Minimum standards.
As a requirement of licensure, home medical equipment providers shall: (1) Offer and provide home medical equipment and services, as necessary, to consumers who purchase or...
- §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...
- §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...
- §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...
- §400.953 Background screening of home medical equipment provider personnel.
The agency shall require employment screening as provided in chapter 435, using the level 1 standards for screening set forth in that chapter, for home...
- §400.955 Procedures for screening of home medical equipment provider personnel.
(1) A person employed by a home medical equipment provider shall, within 5 working days after starting to work, submit to the home medical equipment provider...
- §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.
Part VIII - Intermediate Care Facilities For
developmentally Disabled Persons(ss. 400.960-400.969)
- §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...
- §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...
- §400.964 Personnel screening requirement.
(1) The agency shall require level 2 background screening as provided in chapter 435 for all employees or prospective employees of facilities licensed under this part...
- §400.966 Receivership proceedings.
(1) The agency may petition a court of competent jurisdiction for the appointment of a receiver for an intermediate care facility for the developmentally disabled which...
- §400.967 Rules and classification of deficiencies.
(1) It is the intent of the Legislature that rules adopted and enforced under this part and part II of chapter 408 include criteria by which...
- §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...
- §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...
- §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 IX - Health Care Services Pools(s. 400.980)
- §400.980 Health care services pools.
(1) As used in this section, the term: (a) "Agency" means the Agency for Health Care Administration. (b) "Health care services pool" means any person, firm, corporation, partnership,...
Part X - Health Care Clinic Act(ss. 400.990-400.995)
- §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...
- §400.9905 Definitions.
(1) "Agency" means the Agency for Health Care Administration. (2) "Applicant" means an individual owner, corporation, partnership, firm, business, association, or other entity that owns or controls,...
- §400.991 License requirements; background screenings; prohibitions.
(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...
- §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...
- §400.9925 Rulemaking authority; license fees.
(1) The agency shall adopt rules necessary to administer the clinic administration, regulation, and licensure program, including rules pursuant to this part and part II of...
- §400.993 Unlicensed clinics; reporting.
(1) Any person who violates s. 408.812 regarding unlicensed activity commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or...
- §400.9935 Clinic responsibilities.
(1) Each clinic shall appoint a medical director or clinic director who shall agree in writing to accept legal responsibility for the following activities on behalf...
- §400.995 Agency administrative penalties.
(1) In addition to the requirements of part II of chapter 408, the agency may deny the application for a license renewal, revoke and suspend the...
Last modified: March 26, 2010
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