eLaws of Florida

 

  CHAPTER 400. NURSING HOMES AND RELATED HEALTH CARE FACILITIES  


PART I. LONG-TERM CARE FACILITIES: OMBUDSMAN PROGRAM
SECTION 400.0060. Definitions.
SECTION 400.0061. Legislative findings and intent; long-term care facilities.
SECTION 400.0063. Establishment of the State Long-Term Care Ombudsman Program; designation of ombudsman and legal advocate.
SECTION 400.0065. State Long-Term Care Ombudsman Program; duties and responsibilities.
SECTION 400.0067. State Long-Term Care Ombudsman Council; duties; membership.
SECTION 400.0069. Long-term care ombudsman districts; local long-term care ombudsman councils; duties; appointment.
SECTION 400.0070. Conflicts of interest.
SECTION 400.0071. State Long-Term Care Ombudsman Program complaint procedures.
SECTION 400.0073. State and local ombudsman council investigations.
SECTION 400.0074. Local ombudsman council onsite administrative assessments.
SECTION 400.0075. Complaint notification and resolution procedures.
SECTION 400.0077. Confidentiality.
SECTION 400.0078. Citizen access to State Long-Term Care Ombudsman Program services.
SECTION 400.0079. Immunity.
SECTION 400.0081. Access to facilities, residents, and records.
SECTION 400.0083. Interference; retaliation; penalties.
SECTION 400.0087. Department oversight; funding.
SECTION 400.0089. Complaint data reports.
SECTION 400.0091. Training.
PART II. NURSING HOMES
SECTION 400.011. Purpose.
SECTION 400.021. Definitions.
SECTION 400.022. Residents’ rights.
SECTION 400.023. Civil enforcement.
SECTION 400.0233. Presuit notice; investigation; notification of violation of resident’s rights or alleged negligence; claims evaluation procedure; informal discovery; review; settlement offer; mediation.
SECTION 400.0234. Availability of facility records for investigation of resident’s rights violations and defenses; penalty.
SECTION 400.0235. Certain provisions not applicable to actions under this part.
SECTION 400.0236. Statute of limitations.
SECTION 400.0237. Punitive damages; pleading; burden of proof.
SECTION 400.0238. Punitive damages; limitation.
SECTION 400.0239. Quality of Long-Term Care Facility Improvement Trust Fund.
SECTION 400.024. Failure to satisfy a judgment or settlement agreement.
SECTION 400.0255. Resident transfer or discharge; requirements and procedures; hearings.
SECTION 400.051. Homes or institutions exempt from the provisions of this part.
SECTION 400.062. License required; fee; disposition.
SECTION 400.0625. Minimum standards for clinical laboratory test results and diagnostic X-ray results.
SECTION 400.063. Resident protection.
SECTION 400.071. Application for license.
SECTION 400.0712. Application for inactive license.
SECTION 400.102. Action by agency against licensee; grounds.
SECTION 400.111. Disclosure of controlling interest.
SECTION 400.118. Quality assurance; early warning system; monitoring; rapid response teams.
SECTION 400.1183. Resident grievance procedures.
SECTION 400.119. Confidentiality of records and meetings of risk management and quality assurance committees.
SECTION 400.121. Denial, suspension, revocation of license; administrative fines; procedure; order to increase staffing.
SECTION 400.126. Receivership proceedings.
SECTION 400.141. Administration and management of nursing home facilities.
SECTION 400.1413. Volunteers in nursing homes.
SECTION 400.1415. Patient records; penalties for alteration.
SECTION 400.142. Emergency medication kits; orders not to resuscitate.
SECTION 400.143. Institutional formularies established by nursing home facilities.
SECTION 400.145. Copies of records of care and treatment of resident.
SECTION 400.147. Internal risk management and quality assurance program.
SECTION 400.148. Medicaid “Up-or-Out” Quality of Care Contract Management Program.
SECTION 400.151. Contracts.
SECTION 400.162. Property and personal affairs of residents.
SECTION 400.165. Itemized resident billing, form and content prescribed by the agency.
SECTION 400.17. Bribes, kickbacks, certain solicitations prohibited.
SECTION 400.172. Respite care provided in nursing home facilities.
SECTION 400.175. Patients with Alzheimer’s disease or other related disorders; certain disclosures.
SECTION 400.1755. Care for persons with Alzheimer’s disease or related disorders.
SECTION 400.176. Rebates prohibited; penalties.
SECTION 400.179. Liability for Medicaid underpayments and overpayments.
SECTION 400.18. Closing of nursing facility.
SECTION 400.19. Right of entry and inspection.
SECTION 400.191. Availability, distribution, and posting of reports and records.
SECTION 400.20. Licensed nursing home administrator required.
SECTION 400.211. Persons employed as nursing assistants; certification requirement.
SECTION 400.215. Personnel screening requirement.
SECTION 400.23. Rules; evaluation and deficiencies; licensure status.
SECTION 400.232. Review and approval of plans; fees and costs.
SECTION 400.235. Nursing home quality and licensure status; Gold Seal Program.
SECTION 400.241. Prohibited acts; penalties for violations.
SECTION 400.25. Educational program authorized.
SECTION 400.275. Agency duties.
SECTION 400.33. Legislative intent; community-based care for the elderly.
SECTION 400.332. Funds received not revenues for purpose of Medicaid program.
SECTION 400.334. Activity relating to unions by nursing home employees.
PART III. HOME HEALTH SERVICES
SECTION 400.461. Short title; purpose.
SECTION 400.462. Definitions.
SECTION 400.464. Home health agencies to be licensed; expiration of license; exemptions; unlawful acts; penalties.
SECTION 400.471. Application for license; fee.
SECTION 400.474. Administrative penalties.
SECTION 400.476. Staffing requirements; notifications; limitations on staffing services.
SECTION 400.4785. Patients with Alzheimer’s disease or other related disorders; staff training requirements; certain disclosures.
SECTION 400.484. Right of inspection; violations; fines.
SECTION 400.487. Home health service agreements; physician’s, physician assistant’s, and advanced practice registered nurse’s treatment orders; patient assessment; establishment and review of plan of care; provision of services; orders not to resuscitate.
SECTION 400.488. Assistance with self-administration of medication.
SECTION 400.489. Administration of medication by a home health aide; staff training requirements.
SECTION 400.490. Nurse-delegated tasks.
SECTION 400.491. Clinical records.
SECTION 400.492. Provision of services during an emergency.
SECTION 400.494. Information about patients confidential.
SECTION 400.497. Rules establishing minimum standards.
SECTION 400.506. Licensure of nurse registries; requirements; penalties.
SECTION 400.509. Registration of particular service providers exempt from licensure; certificate of registration; regulation of registrants.
SECTION 400.512. Screening of home health agency personnel; nurse registry personnel and contractors; and companions and homemakers.
SECTION 400.518. Prohibited referrals to home health agencies.
SECTION 400.5185. Review and modification of prior authorization.
SECTION 400.52. Excellence in Home Health Program.
SECTION 400.53. Nurse Registry Excellence Program.
PART IV. HOSPICES
SECTION 400.6005. Legislative findings and intent.
SECTION 400.601. Definitions.
SECTION 400.602. Licensure required; prohibited acts; exemptions; display, transferability of license.
SECTION 400.6045. Patients with Alzheimer’s disease or other related disorders; staff training requirements; certain disclosures.
SECTION 400.605. Administration; forms; fees; rules; inspections; fines.
SECTION 400.60501. Outcome measures; adoption of federal quality measures; public reporting.
SECTION 400.6051. Construction and renovation; requirements.
SECTION 400.606. License; application; renewal; conditional license or permit; certificate of need.
SECTION 400.6065. Background screening.
SECTION 400.607. Denial, suspension, revocation of license; emergency actions; imposition of administrative fine; grounds.
SECTION 400.6085. Contractual services.
SECTION 400.609. Hospice services.
SECTION 400.6095. Patient admission; assessment; plan of care; discharge; death.
SECTION 400.6096. Disposal of prescribed controlled substances following the death of a patient in the home.
SECTION 400.610. Administration and management of a hospice.
SECTION 400.6105. Staffing and personnel.
SECTION 400.611. Interdisciplinary records of care; confidentiality; release of records.
PART V. INTERMEDIATE CARE FACILITIES
SECTION 400.701. Intermediate care facilities; intent.
SECTION 400.801. Homes for special services.
PART VI. PRESCRIBED PEDIATRIC EXTENDED CARE CENTERS
SECTION 400.901. Legislative intent.
SECTION 400.902. Definitions.
SECTION 400.903. PPEC centers to be licensed; exemptions.
SECTION 400.905. License required; fee; exemption.
SECTION 400.906. Initial application for license; zoning.
SECTION 400.9065. Background screening.
SECTION 400.907. Denial, suspension, revocation of licensure; administrative fines; grounds.
SECTION 400.908. Administrative fines; disposition of fees and fines.
SECTION 400.912. Closing of a PPEC center.
SECTION 400.914. Rules establishing standards.
SECTION 400.915. Construction and renovation; requirements.
SECTION 400.916. Prohibited acts; penalty for violation.
PART VII. HOME MEDICAL EQUIPMENT PROVIDERS
SECTION 400.92. Legislative intent.
SECTION 400.925. Definitions.
SECTION 400.93. Licensure required; exemptions; unlawful acts; penalties.
SECTION 400.931. Application for license; fee.
SECTION 400.932. Administrative penalties.
SECTION 400.933. Licensure inspections and investigations.
SECTION 400.934. Minimum standards.
SECTION 400.935. Rules establishing minimum standards.
SECTION 400.94. Patient records.
SECTION 400.945. Public records exemption.
SECTION 400.953. Background screening of home medical equipment provider personnel.
SECTION 400.957. Prohibited acts.
PART VIII. INTERMEDIATE CARE FACILITIES FOR DEVELOPMENTALLY DISABLED PERSONS
SECTION 400.960. Definitions.
SECTION 400.962. License required; license application.
SECTION 400.964. Personnel screening requirement.
SECTION 400.966. Receivership proceedings.
SECTION 400.967. Rules and classification of deficiencies.
SECTION 400.968. Right of entry.
SECTION 400.9685. Administration of medication.
SECTION 400.969. Violation of part; penalties.
PART IX. HEALTH CARE SERVICES POOLS
SECTION 400.980. Health care services pools.
PART X. HEALTH CARE CLINIC ACT
SECTION 400.990. Short title; legislative findings.
SECTION 400.9905. Definitions.
SECTION 400.991. License requirements; background screenings; prohibitions.
SECTION 400.9915. Emergency suspension; costs.
SECTION 400.9925. Rulemaking authority; license fees.
SECTION 400.9935. Clinic responsibilities.
SECTION 400.995. Agency administrative penalties.
PART XI. TRANSITIONAL LIVING FACILITIES
SECTION 400.997. Legislative intent.
SECTION 400.9971. Definitions.
SECTION 400.9972. License required; fee; application.
SECTION 400.9973. Client admission, transfer, and discharge.
SECTION 400.9974. Client comprehensive treatment plans; client services.
SECTION 400.9975. Licensee responsibilities.
SECTION 400.9976. Administration of medication.
SECTION 400.9977. Assistance with medication.
SECTION 400.9978. Protection of clients from abuse, neglect, mistreatment, and exploitation.
SECTION 400.9979. Restraint and seclusion; client safety.
SECTION 400.998. Personnel background screening; administration and management procedures.
SECTION 400.9981. Property and personal affairs of clients.
SECTION 400.9982. Rules establishing standards.
SECTION 400.9983. Violations; penalties.
SECTION 400.9984. Receivership proceedings.
SECTION 400.9985. Interagency communication.