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Florida Laws: FL Statutes - Title XXIX Chapter 400 Nursing Homes and Related Health Care Facilities

Legal Research Home > 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 which...
  • §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 of...
  • §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 as...
  • §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 or...
  • §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 an...
  • §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 ombudsman...
  • §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 of...
  • §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 associated...
  • §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.(1) All...

Part II - Nursing Homes (ss. 400.011-400.334)

Part III - Home Health Agencies (ss. 400.461-400.5185)

Part IV - Hospices (ss. 400.6005-400.611)

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 agency...
  • §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 a...

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 other...
  • §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...
  • §400.9065   Background screening.
    The agency shall require level 2 background screening for personnel as required in s. 408.809(1)(e) pursuant to chapter 435 and s. 408.809.History.—s. 12, ch.
  • §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, including...
  • §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 organization" means an organization whose standards incorporate licensure regulations required by this state. (2) "Agency" means the Agency for...
  • §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.
    (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 rent...
  • §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 level 2 background screening for personnel as required in s. 408.809(1)(e) pursuant to chapter 435 and s. 408.809.History.—s. 1, ch. 99-189;...
  • §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.

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 individual...
  • §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.
    The agency shall require level 2 background screening for personnel as required in s. 408.809(1)(e) pursuant to chapter 435 and s. 408.809.History.—s. 9, ch. 99-144;...
  • §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, or...

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...

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Last modified: March 18, 2014