Florida Statutes 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 in...
- 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 facility.(2) “Agency”...
- 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) An exclusive cause of action for negligence or a violation of residents’ rights as specified under this part which alleges direct or vicarious liability for...
- 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 a...
- 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) A claim for punitive damages may not be brought under this part unless there is a showing by admissible evidence that has been submitted by...
- 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 damages...
- 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...
- 400.024 - Failure To Satisfy A Judgment Or Settlement Agreement.
(1) Upon the entry by a Florida court of an adverse final judgment against a licensee as defined in s. 400.023(2) which arises from an award...
- 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 for...
- 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 agency.(b) Any...
- 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:(a) The...
- 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 pursue...
- 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 licensed...
- 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 - Copies Of Records Of Care And Treatment Of Resident.
(1) Upon receipt of a written request that complies with the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA) and this section, a nursing...
- 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 to...
- 400.172 - Respite Care Provided In Nursing Home Facilities.
(1) For each person admitted for respite care as authorized under s. 400.141(1)(f), a nursing home facility operated by a licensee must:(a) Have a written abbreviated plan...
- 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 of its designated officers or employees or a representative 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...
- 400.20 - 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 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...
- 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 may not assign an individual to be a member of a survey team for purposes of a survey, evaluation, or consultation visit at...
- 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...
Last modified: September 23, 2016