651.114 – Delinquency Proceedings; Remedial Rights.
651.114 Delinquency proceedings; remedial rights.— (1) Upon determination by the office that a provider is not in compliance with this chapter, the office may notify the chair of the Continuing Care Advisory Council, who may assist the office in formulating a corrective action plan. (2) Within 30 days after a request by either the advisory council or the […]
651.1141 – Immediate Final Orders.
651.1141 Immediate final orders.— (1) The Legislature finds that the following actions constitute an imminent and immediate threat to the public health, safety, and welfare of the residents of this state: (a) The installation of a general partner of a provider or assumption of ownership or possession or control of 10 percent or more of a provider’s assets […]
651.1151 – Administrative, Vendor, and Management Contracts.
651.1151 Administrative, vendor, and management contracts.— (1) The office may require a provider to submit any contract for administrative, vendor, or management services if the office has information and belief that a provider has entered into a contract with an affiliate, an entity controlled by the provider, or an entity controlled by an affiliate of the provider, […]
651.116 – Delinquency Proceedings; Additional Provisions.
651.116 Delinquency proceedings; additional provisions.—Whenever the department has been appointed pursuant to the provisions of part I of chapter 631 as receiver of a provider, the circuit court in which the receivership proceeding is pending is authorized, upon a petition of the receiver and a showing of good cause by the receiver, to enjoin a secured […]
651.117 – Order of Liquidation; Duties of the Department of Children and Families and the Agency for Health Care Administration.
651.117 Order of liquidation; duties of the Department of Children and Families and the Agency for Health Care Administration.—Whenever an order of liquidation has been entered against a provider, the receiver shall notify the Department of Children and Families and the Agency for Health Care Administration by sending to the Department of Children and Families and […]
651.118 – Agency for Health Care Administration; Certificates of Need; Sheltered Beds; Community Beds.
651.118 Agency for Health Care Administration; certificates of need; sheltered beds; community beds.— (1) The provisions of this section shall control in the case of conflict with the provisions of the Health Facility and Services Development Act, ss. 408.031-408.045; the provisions of chapter 395; the provisions of part II of chapter 400; or the provisions of part […]
651.119 – Assistance to Persons Affected by Closure Due to Liquidation or Pending Liquidation.
651.119 Assistance to persons affected by closure due to liquidation or pending liquidation.— (1) If a facility closes and ceases to operate as a result of liquidation or pending liquidation and residents are forced to relocate, the department shall become a creditor of the facility for the purpose of providing moving expenses for displaced residents and such […]
651.121 – Continuing Care Advisory Council.
651.121 Continuing Care Advisory Council.— (1) The Continuing Care Advisory Council to the office is created consisting of 10 members appointed by the Governor and geographically representative of this state. Three members shall be representatives of facilities that hold valid certificates of authority under this chapter and have been actively engaged in the offering of continuing care […]
651.123 – Alternative Dispute Resolution.
651.123 Alternative dispute resolution.—The commission shall, by rule, adopt alternative procedures for resolution of disputes between residents and providers. The rules shall provide for an informal, nonbinding mediation process, and for binding arbitration when mediation fails to resolve a dispute, and shall provide minimum qualifications for arbitrators substantially similar to other arbitration programs under the Florida […]
651.125 – Criminal Penalties; Injunctive Relief.
651.125 Criminal penalties; injunctive relief.— (1) Any person who maintains, enters into, or, as manager or officer or in any other administrative capacity, assists in entering into, maintaining, or performing any continuing care or continuing care at-home contract subject to this chapter without a valid provisional certificate of authority or certificate of authority, as contemplated by or […]