Florida Statutes Title XXXVII Chapter 651 - Continuing Care Contracts

• 651.011 - Definitions.
  As used in this chapter, the term:(1) “Advertising” means the dissemination of written, visual, or electronic information by a provider, or any person affiliated with or...
• 651.012 - Exempted Facility; Written Disclosure Of Exemption.
  Any facility exempted under ss. 632.637(1)(e) and 651.011(12) 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 and continuing care at-home are governed by the provisions of this chapter and are exempt from all...
• 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 this...
• 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; s....
• 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, issuing contracts for continuing care or continuing care at-home, or constructing a facility for...
• 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 a...
• 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 a certificate of authority if the...
• 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 without stipulations or conditions by a process found by the office to be acceptable and substantially equivalent to the provisions...
• 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 shall...
• 651.035 - Minimum Liquid Reserve Requirements.
  (1) A provider shall maintain in escrow a minimum liquid reserve consisting of the following reserves, as applicable:(a) Each provider shall maintain in escrow as a debt...
• 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 - Continuing Care Contracts; Right To Rescind.
  (1) Each continuing care contract and each addendum to such contract shall be submitted to and approved by the office before its use in this state....
• 651.057 - Continuing Care At-home Contracts.
  (1) In addition to the requirements of s. 651.055, a provider offering contracts for continuing care at-home must:(a) Disclose the following in the continuing care at-home contract:1. Whether...
• 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 and continuing care at-home contracts executed by a provider shall be...
• 651.081 - Residents’ Council.
  (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 which 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 may deny, suspend, or revoke the provisional certificate of authority or the certificate of authority of any applicant or provider if it finds...
• 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 Continuing Care...
• 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 Families 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 Families and the Agency for...
• 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 - Continuing Care Advisory Council.
  (1) The Continuing Care Advisory Council to the office is created consisting of 10 members who are residents of this state appointed by the Governor and...
• 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. 77-323;...
• 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. 6,...
• 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: September 23, 2016