The 2023 Florida Statutes (including Special Session C)

Title XXIX
PUBLIC HEALTH

Chapter 400
NURSING HOMES AND RELATED HEALTH CARE FACILITIES

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F.S. 400.18

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, or agency acting on behalf of the resident of the fact, and the proposed time, of discontinuance of operation and give at least 90 days’ notice so that suitable arrangements may be made for the transfer and care of the resident. In the event any resident has no such person to represent him or her, the licensee shall be responsible for securing a suitable transfer of the resident before the discontinuance of operation. The agency shall be responsible for arranging for the transfer of those residents requiring transfer who are receiving assistance under the Medicaid program.

(2) A representative of the agency shall be placed in a facility 30 days before the voluntary discontinuance of operation, or immediately upon the determination by the agency that the licensee is discontinuing operation or that existing conditions or practices represent an immediate danger to the health, safety, or security of the residents in the facility, to:

(a) Monitor the transfer of residents to other facilities.

(b) Ensure that the rights of residents are protected.

(d) Assist the management of the facility by advising the management on compliance with state and federal laws and rules.

(e) Recommend further action by the agency.

(3) The agency shall discontinue the monitoring of a facility pursuant to subsection (2) when:

(a) All residents in the facility have been relocated; or

(b) The agency determines that the conditions which gave rise to the placement of a representative of the agency in the facility no longer exist and the agency is reasonably assured that those conditions will not recur.

History.—s. 17, ch. 69-309; ss. 19, 35, ch. 69-106; s. 15, ch. 70-361; s. 3, ch. 76-168; s. 4, ch. 76-201; s. 1, ch. 77-457; ss. 11, 18, ch. 80-186; ss. 2, 3, ch. 81-318; ss. 5, 22, ch. 82-182; ss. 25, 79, 83, ch. 83-181; s. 58, ch. 91-282; s. 30, ch. 93-177; ss. 24, 49, ch. 93-217; s. 770, ch. 95-148; s. 69, ch. 2007-230.

F.S. 400.18 on Google Scholar

F.S. 400.18 on Casetext

Amendments to 400.18

Arrestable Offenses / Crimes under Fla. Stat. 400.18

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 400.18.

Annotations, Discussions, Cases:

Cases from cite.case.law:

BRENT v. WAYNE COUNTY DEPARTMENT OF HUMAN SERVICES v. s s, 901 F.3d 656 (6th Cir. 2018)

. . . Laws §§ 400.14, 400.18, and Michigan DHS appoints the director, employees, and assistants of each county . . .

L. LOCKHART, v. CEDAR RAPIDS COMMUNITY SCHOOL DISTRICT,, 963 F. Supp. 805 (N.D. Iowa 1997)

. . . Other existing law limiting grounds for discharge would include § 279.15, § 279.27, and § 400.18. . . .

COUCH, v. WILKINSON,, 939 F.2d 673 (8th Cir. 1991)

. . . City of Des Moines, 366 N.W.2d 580, 583 (Iowa 1985) (Iowa Code §§ 400.18 and 400.27 prevail over Iowa . . .

UNITED STATES v. TOWNLEY,, 929 F.2d 365 (8th Cir. 1991)

. . . This box contained a 1,456.87 gram brick of 100% pure cocaine, fifteen baggies of cocaine, totalling 400.18 . . .

DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, v. G J INVESTMENTS CORPORATION, INC., 541 So. 2d 1197 (Fla. Dist. Ct. App. 1988)

. . . abandonment of the premises, responding that HRS acted under the valid statutory authority of Section 400.18 . . .

A. SOAVE, J. M. v. MILLIKEN, T., 497 F. Supp. 254 (W.D. Mich. 1980)

. . . Under M.C.L.A. 400.18(1), authority is delegated to the Department of Social Services to provide for . . .

In SILVER, 208 F. 797 (N.D. Ohio 1912)

. . . Banking Company the sum of $364, and some time during the evening of that day made a further deposit of $400.18 . . .

DUDEN v. MALOY, 63 F. 183 (2d Cir. 1894)

. . . been repaid all profits left by him in the business, with interest, according to the articles, and $400.18 . . .