429.53 – Consultation by the agency.
429.53 Consultation by the agency.— (1) The area offices of licensure and certification of the agency shall provide consultation to the following upon request: (a) A licensee of a facility. (b) A person interested in obtaining a license to operate a facility under this part. (2) As used in this section, “consultation” includes: (a) An explanation of the requirements of this […]
429.54 – Collection of information; local subsidy.
429.54 Collection of information; local subsidy.— (1) To enable the agency to collect the information requested by the Legislature regarding the actual cost of providing room, board, and personal care in facilities, the agency is authorized to conduct field visits and audits of facilities as necessary. The owners of randomly sampled facilities shall submit such reports, audits, […]
429.55 – Consumer information website.
429.55 Consumer information website.—The Legislature finds that consumers need additional information on the quality of care and service in assisted living facilities in order to select the best facility for themselves or their loved ones. Therefore, the Agency for Health Care Administration shall create content that is easily accessible through the home page of the agency’s […]
429.29 – Civil actions to enforce rights.
429.29 Civil actions to enforce rights.— (1) Any person or resident whose rights as specified in this part are violated shall have a cause of action. The action may be brought by the resident or his or her guardian, or by a person or organization acting on behalf of a resident with the consent of the resident […]
429.49 – Resident records; penalties for alteration.
429.49 Resident records; penalties for alteration.— (1) Any person who fraudulently alters, defaces, or falsifies any medical or other record of an assisted living facility, or causes or procures any such offense to be committed, commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (2) A conviction under subsection (1) is […]
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 […]