The 2023 Florida Statutes (including Special Session C)

Title XXIX
PUBLIC HEALTH

Chapter 400
NURSING HOMES AND RELATED HEALTH CARE FACILITIES

View Entire Chapter

F.S. 400.151

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 designee or legal representative at the time of admission or prior thereto and at the expiration of the term of a previous contract, and modified by the licensee and the resident or his or her designee or legal representative at the time the source of payment for the resident’s care changes. Each party to the contract is entitled to a duplicate original thereof, printed in boldfaced type, and the licensee shall keep on file all contracts which it has with residents. The licensee may not destroy or otherwise dispose of any such contract until 5 years after its expiration or such longer period as may be provided in the rules of the agency. Microfilmed records or records reproduced by a similar process of duplication may be kept in lieu of the original records.

(2) Each contract to which this section applies shall contain express provisions specifically setting forth the services and accommodations to be provided by the licensee, the rates or charges therefor, bed reservation and refund policies, and any other matters which the parties deem appropriate. The licensee shall attach to the contract a list of services and supplies available but not covered by the per diem rate of the facility or by Titles XVIII and XIX of the Social Security Act and the standard charge to the resident for each item. The licensee shall provide written notification to each party to the contract of any changes in any attachment thereto, no fewer than 14 days in advance of the effective date of those changes. The agency shall specify by rule an alternative method for notification of changes in the cost of supplies. If the resident is a party to the contract, the licensee shall provide him or her with a written and oral notification of the changes.

History.—s. 14, ch. 69-309; ss. 19, 35, ch. 69-106; s. 13, ch. 70-361; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 10, 18, ch. 80-186; ss. 2, 3, ch. 81-318; ss. 19, 79, 83, ch. 83-181; s. 46, ch. 85-81; s. 30, ch. 93-177; ss. 19, 49, ch. 93-217; s. 767, ch. 95-148.

F.S. 400.151 on Google Scholar

F.S. 400.151 on Casetext

Amendments to 400.151

Arrestable Offenses / Crimes under Fla. Stat. 400.151

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 400.151.

Annotations, Discussions, Cases:

Cases from cite.case.law:

MENDEZ, Jr. v. HAMPTON COURT NURSING CENTER, LLC,, 203 So. 3d 146 (Fla. 2016)

. . . Instead, the Petitioner relies on the effect of section 400.151, Florida Statutes (2009), which sets . . . where a nursing home contract has not been executed in accordance with the requirements of section 400.151 . . . regarding contracts implied in law and in fact, but nothing in the regulatory requirements of section 400.151 . . . remedies by implication in this context is manifestly unreasonable. " The Petitioner’s reliance on section 400.151 . . .

MENDEZ, JR. Sr. v. HAMPTON COURT NURSING CENTER, LLC,, 140 So. 3d 671 (Fla. Dist. Ct. App. 2014)

. . . agreement qualified as the signature of the father’s “designee or legal representative” under section 400.151 . . .

I. GESSA, v. MANOR CARE OF FLORIDA, INC., 86 So. 3d 484 (Fla. 2011)

. . . .”); § 400.151(2), Fla. . . .

ALTERRA HEALTHCARE CORPORATION M. v. ESTATE OF LINTON GRAHAM f k a, 953 So. 2d 574 (Fla. Dist. Ct. App. 2007)

. . . See § 400.151(2) (stating that nursing home contract shall include ‘any other matters which the parties . . .

L. BLAND, COKER, v. HEALTH CARE AND RETIREMENT CORPORATION OF AMERICA, d b a, 927 So. 2d 252 (Fla. Dist. Ct. App. 2006)

. . . See §'400.151(2) (stating that nursing home contract shall include “any other matters which the parties . . .

RICHMOND HEALTHCARE, INC. a d b a v. A. DIGATI, N., 878 So. 2d 388 (Fla. Dist. Ct. App. 2004)

. . . See § 400.151, Fla. . . .