429.293 – Presuit notice; investigation; notification of violation of residents’ rights or alleged negligence; claims evaluation procedure; informal discovery; review; settlement offer; mediation.
429.293 Presuit notice; investigation; notification of violation of residents’ rights or alleged negligence; claims evaluation procedure; informal discovery; review; settlement offer; mediation.— (1) As used in this section, the term: (a) “Claim for residents’ rights violation or negligence” means a negligence claim alleging injury to or the death of a resident arising out of an asserted violation of […]
429.52 – Staff training and educational requirements.
429.52 Staff training and educational requirements.— (1) Each new assisted living facility employee who has not previously completed core training must attend a preservice orientation provided by the facility before interacting with residents. The preservice orientation must be at least 2 hours in duration and cover topics that help the employee provide responsible care and respond to […]
429.294 – Availability of facility records for investigation of resident’s rights violations and defenses; penalty.
429.294 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 possession of the facility in accordance with s. 400.145, shall constitute evidence of failure of that party […]
429.295 – Certain provisions not applicable to actions under this part.
429.295 Certain provisions not applicable to actions under this part.—An action under this part for a violation of rights or negligence recognized herein is not a claim for medical malpractice, and the provisions of s. 768.21(8) do not apply to a claim alleging death of the resident. History.—s. 42, ch. 2001-45; s. 2, ch. 2006-197. Note.—Former […]
429.296 – Statute of limitations.
429.296 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 or within 2 years from the time the incident is discovered, or should have been discovered with the exercise of due diligence; however, in no event shall […]
429.297 – Punitive damages; pleading; burden of proof.
429.297 Punitive damages; pleading; burden of proof.— (1) In any action for damages brought under this part, no claim for punitive damages shall be permitted unless there is a reasonable showing by evidence in the record or proffered by the claimant which would provide a reasonable basis for recovery of such damages. The claimant may move to […]
429.298 – Punitive damages; limitation.
429.298 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 awarded to each claimant entitled thereto, consistent with the remaining provisions of this section; or 2. The sum of $1 million. (b) Where the fact finder determines that […]
429.31 – Closing of facility; notice; penalty.
429.31 Closing of facility; notice; penalty.— (1) In addition to the requirements of part II of chapter 408, the facility shall inform, in writing, the agency and each resident or the next of kin, legal representative, or agency acting on each resident’s behalf, of the fact and the proposed time of discontinuance of operation, following the notification […]
429.34 – Right of entry and inspection.
429.34 Right of entry and inspection.— (1) In addition to the requirements of s. 408.811, a duly designated officer or employee of the agency, of the Department of Children and Families, of the Medicaid Fraud Control Unit of the Office of the Attorney General, or of the state or local fire marshal, or a representative of the […]
429.35 – Maintenance of records; reports.
429.35 Maintenance of records; reports.— (1) Every facility shall maintain, as public information available for public inspection under such conditions as the agency shall prescribe, records containing copies of all inspection reports pertaining to the facility that have been issued by the agency to the facility. Copies of inspection reports shall be retained in the records for […]