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Florida Statute 400.022 - Full Text and Legal Analysis
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The 2025 Florida Statutes

Title XXIX
PUBLIC HEALTH
Chapter 400
NURSING HOMES AND RELATED HEALTH CARE FACILITIES
View Entire Chapter
F.S. 400.022
400.022 Residents’ rights.
(1) All licensees of nursing home facilities shall adopt and make public a statement of the rights and responsibilities of the residents of such facilities and shall treat such residents in accordance with the provisions of that statement. The statement shall assure each resident the following:
(a) The right to civil and religious liberties, including knowledge of available choices and the right to independent personal decision, which will not be infringed upon, and the right to encouragement and assistance from the staff of the facility in the fullest possible exercise of these rights.
(b) The right to private and uncensored communication, including, but not limited to, receiving and sending unopened correspondence, access to a telephone, visiting with any person of the resident’s choice during visiting hours, and overnight visitation outside the facility with family and friends in accordance with facility policies, physician orders, and Title XVIII (Medicare) and Title XIX (Medicaid) of the Social Security Act regulations, without the resident’s losing his or her bed. Facility visiting hours shall be flexible, taking into consideration special circumstances such as, but not limited to, out-of-town visitors and working relatives or friends. Unless otherwise indicated in the resident care plan, the licensee shall, with the consent of the resident and in accordance with policies approved by the agency, permit recognized volunteer groups, representatives of community-based legal, social, mental health, and leisure programs, and members of the clergy access to the facility during visiting hours for the purpose of visiting with and providing services to any resident.
(c) Any entity or individual that provides health, social, legal, or other services to a resident has the right to have reasonable access to the resident. The resident has the right to deny or withdraw consent to access at any time by any entity or individual. Notwithstanding the visiting policy of the facility, the following individuals must be permitted immediate access to the resident:
1. Any representative of the federal or state government, including, but not limited to, representatives of the Department of Children and Families, the Department of Health, the Agency for Health Care Administration, the Office of the Attorney General, and the Department of Elderly Affairs; any law enforcement officer; any representative of the State Long-Term Care Ombudsman Program; and the resident’s individual physician.
2. Subject to the resident’s right to deny or withdraw consent, immediate family or other relatives of the resident.

The facility must allow representatives of the State Long-Term Care Ombudsman Program to examine a resident’s clinical records with the permission of the resident or the resident’s legal representative and consistent with state law.

(d) The right to present grievances on behalf of himself or herself or others to the staff or administrator of the facility, to governmental officials, or to any other person; to recommend changes in policies and services to facility personnel; and to join with other residents or individuals within or outside the facility to work for improvements in resident care, free from restraint, interference, coercion, discrimination, or reprisal. This right includes access to ombudsmen and advocates and the right to be a member of, to be active in, and to associate with advocacy or special interest groups. The right also includes the right to prompt efforts by the facility to resolve resident grievances, including grievances with respect to the behavior of other residents.
(e) The right to organize and participate in resident groups in the facility and the right to have the resident’s family meet in the facility with the families of other residents.
(f) The right to participate in social, religious, and community activities that do not interfere with the rights of other residents.
(g) The right to examine, upon reasonable request, the results of the most recent inspection of the facility conducted by a federal or state agency and any plan of correction in effect with respect to the facility.
(h) The right to manage his or her own financial affairs or to delegate such responsibility to the licensee, but only to the extent of the funds held in trust by the licensee for the resident. A quarterly accounting of any transactions made on behalf of the resident shall be furnished to the resident or the person responsible for the resident. The facility may not require a resident to deposit personal funds with the facility. However, upon written authorization of a resident, the facility must hold, safeguard, manage, and account for the personal funds of the resident deposited with the facility as follows:
1. The facility must establish and maintain a system that ensures a full, complete, and separate accounting, according to generally accepted accounting principles, of each resident’s personal funds entrusted to the facility on the resident’s behalf.
2. The accounting system established and maintained by the facility must preclude any commingling of resident funds with facility funds or with the funds of any person other than another resident.
3. A quarterly accounting of any transaction made on behalf of the resident shall be furnished to the resident or the person responsible for the resident.
4. Upon the death of a resident with personal funds deposited with the facility, the facility must convey within 30 days the resident’s funds, including interest, and a final accounting of those funds, to the individual or probate jurisdiction administering the resident’s estate, or, if a personal representative has not been appointed within 30 days, to the resident’s spouse or adult next of kin named in the beneficiary designation form provided for in s. 400.162(6).
5. The facility may not impose a charge against the personal funds of a resident for any item or service for which payment is made under Title XVIII or Title XIX of the Social Security Act.
(i) The right to be fully informed, in writing and orally, prior to or at the time of admission and during his or her stay, of services available in the facility and of related charges for such services, including any charges for services not covered under Title XVIII or Title XIX of the Social Security Act or not covered by the basic per diem rates and of bed reservation and refund policies of the facility.
(j) The right to be adequately informed of his or her medical condition and proposed treatment, unless the resident is determined to be unable to provide informed consent under Florida law, or the right to be fully informed in advance of any nonemergency changes in care or treatment that may affect the resident’s well-being; and, except with respect to a resident adjudged incompetent, the right to participate in the planning of all medical treatment, including the right to refuse medication and treatment, unless otherwise indicated by the resident’s physician; and to know the consequences of such actions.
(k) The right to refuse medication or treatment and to be informed of the consequences of such decisions, unless determined unable to provide informed consent under state law. When the resident refuses medication or treatment, the nursing home facility must notify the resident or the resident’s legal representative of the consequences of such decision and must document the resident’s decision in his or her medical record. The nursing home facility must continue to provide other services the resident agrees to in accordance with the resident’s care plan.
(l) The right to receive adequate and appropriate health care and protective and support services, including social services; mental health services, if available; planned recreational activities; and therapeutic and rehabilitative services consistent with the resident care plan, with established and recognized practice standards within the community, and with rules as adopted by the agency.
(m) The right to have privacy in treatment and in caring for personal needs; to close room doors and to have facility personnel knock before entering the room, except in the case of an emergency or unless medically contraindicated; and to security in storing and using personal possessions. Privacy of the resident’s body shall be maintained during, but not limited to, toileting, bathing, and other activities of personal hygiene, except as needed for resident safety or assistance. Residents’ personal and medical records shall be confidential and exempt from the provisions of s. 119.07(1).
(n) The right to be treated courteously, fairly, and with the fullest measure of dignity and to receive a written statement and an oral explanation of the services provided by the licensee, including those required to be offered on an as-needed basis.
(o) The right to be free from mental and physical abuse, sexual abuse, neglect, exploitation, corporal punishment, extended involuntary seclusion, and physical and chemical restraints, except those restraints authorized in writing by a physician for a specified and limited period of time or as are necessitated by an emergency. In case of an emergency, restraint may be applied only by a qualified licensed nurse who shall set forth in writing the circumstances requiring the use of restraint, and, in the case of use of a chemical restraint, a physician shall be consulted immediately thereafter. Restraints may not be used in lieu of staff supervision or merely for staff convenience, for punishment, or for reasons other than resident protection or safety. For purposes of this paragraph, the terms “sexual abuse,” “neglect,” and “exploitation” have the same meanings as provided in 42 C.F.R. s. 483.5.
(p) The right to be transferred or discharged only for medical reasons or for the welfare of other residents, and the right to be given reasonable advance notice of no less than 30 days of any involuntary transfer or discharge, except in the case of an emergency as determined by a licensed professional on the staff of the nursing home, or in the case of conflicting rules and regulations which govern Title XVIII or Title XIX of the Social Security Act. For nonpayment of a bill for care received, the resident shall be given 30 days’ advance notice. A licensee certified to provide services under Title XIX of the Social Security Act may not transfer or discharge a resident solely because the source of payment for care changes. Admission to a nursing home facility operated by a licensee certified to provide services under Title XIX of the Social Security Act may not be conditioned upon a waiver of such right, and any document or provision in a document which purports to waive or preclude such right is void and unenforceable. Any licensee certified to provide services under Title XIX of the Social Security Act that obtains or attempts to obtain such a waiver from a resident or potential resident shall be construed to have violated the resident’s rights as established herein and is subject to disciplinary action as provided in subsection (3). The resident and the family or representative of the resident shall be consulted in choosing another facility.
(q) The right to freedom of choice in selecting a personal physician; to obtain pharmaceutical supplies and services from a pharmacy of the resident’s choice, at the resident’s own expense or through Title XIX of the Social Security Act; and to obtain information about, and to participate in, community-based activities programs, unless medically contraindicated as documented by a physician in the resident’s medical record. If a resident chooses to use a community pharmacy and the facility in which the resident resides uses a unit-dose system, the pharmacy selected by the resident shall be one that provides a compatible unit-dose system, provides service delivery, and stocks the drugs normally used by long-term care residents. If a resident chooses to use a community pharmacy and the facility in which the resident resides does not use a unit-dose system, the pharmacy selected by the resident shall be one that provides service delivery and stocks the drugs normally used by long-term care residents.
(r) The right to retain and use personal clothing and possessions as space permits, unless to do so would infringe upon the rights of other residents or unless medically contraindicated as documented in the resident’s medical record by a physician. If clothing is provided to the resident by the licensee, it shall be of reasonable fit.
(s) The right to have copies of the rules and regulations of the facility and an explanation of the responsibility of the resident to obey all reasonable rules and regulations of the facility and to respect the personal rights and private property of the other residents.
(t) The right to receive notice before the room of the resident in the facility is changed.
(u) The right to be informed of the bed reservation policy for a hospitalization. The nursing home shall inform a private-pay resident and his or her responsible party that his or her bed will be reserved for any single hospitalization for a period up to 30 days provided the nursing home receives reimbursement. Any resident who is a recipient of assistance under Title XIX of the Social Security Act, or the resident’s designee or legal representative, shall be informed by the licensee that his or her bed will be reserved for any single hospitalization for the length of time for which Title XIX reimbursement is available, up to 15 days; but that the bed will not be reserved if it is medically determined by the agency that the resident will not need it or will not be able to return to the nursing home, or if the agency determines that the nursing home’s occupancy rate ensures the availability of a bed for the resident. Notice shall be provided within 24 hours of the hospitalization.
(v) For residents of Medicaid or Medicare certified facilities, the right to challenge a decision by the facility to discharge or transfer the resident, as required under 42 C.F.R. s. 483.12.
(2) The licensee for each nursing home shall orally inform the resident of the resident’s rights and provide a copy of the statement required by subsection (1) to each resident or the resident’s legal representative at or before the resident’s admission to a facility. The licensee shall provide a copy of the resident’s rights to each staff member of the facility. Each such licensee shall prepare a written plan and provide appropriate staff training to implement the provisions of this section. The written statement of rights must include a statement that a resident may file a complaint with the agency or state or local ombudsman council. The statement must be in boldfaced type and include the telephone number and e-mail address of the State Long-Term Care Ombudsman Program and the telephone numbers of the local ombudsman council and the Elder Abuse Hotline operated by the Department of Children and Families.
(3) Any violation of the resident’s rights set forth in this section constitutes grounds for action by the agency under s. 400.102, s. 400.121, or part II of chapter 408. In order to determine whether the licensee is adequately protecting residents’ rights, the licensure inspection of the facility must include private informal conversations with a sample of residents to discuss residents’ experiences within the facility with respect to rights specified in this section and general compliance with standards and consultation with the State Long-Term Care Ombudsman Program.
(4) Any person who submits or reports a complaint concerning a suspected violation of the resident’s rights or concerning services or conditions in a facility or who testifies in any administrative or judicial proceeding arising from such complaint shall have immunity from any criminal or civil liability therefor, unless that person has acted in bad faith, with malicious purpose, or if the court finds that there was a complete absence of a justiciable issue of either law or fact raised by the losing party.
History.s. 8, ch. 76-201; s. 1, ch. 77-174; ss. 1, 9, ch. 79-268; ss. 2, 18, ch. 80-186; s. 2, ch. 81-318; ss. 11, 19, ch. 82-148; ss. 5, 79, 83, ch. 83-181; s. 1, ch. 84-144; s. 15, ch. 90-347; s. 30, ch. 93-177; ss. 3, 49, ch. 93-217; s. 764, ch. 95-148; s. 226, ch. 96-406; s. 118, ch. 99-8; s. 5, ch. 99-394; ss. 70, 137, ch. 2000-349; s. 57, ch. 2000-367; s. 33, ch. 2001-62; s. 56, ch. 2007-230; s. 123, ch. 2014-19; s. 43, ch. 2015-2; s. 21, ch. 2015-31; s. 48, ch. 2016-10; s. 1, ch. 2023-307.

F.S. 400.022 on Google Scholar

F.S. 400.022 on CourtListener

Amendments to 400.022


Annotations, Discussions, Cases:

Cases Citing Statute 400.022

Total Results: 68

Knowles v. Beverly Enterprises-Florida

898 So. 2d 1, 2004 WL 2922097

Supreme Court of Florida | Filed: Dec 16, 2004 | Docket: 1732329

Cited 89 times | Published

THE RESIDENT'S STATUTORY RIGHTS PROVIDED BY SECTION 400.022, FLORIDA STATUTES (1997), WHERE THE INFRINGEMENT

Gainesville Health Care Center, Inc. v. Weston

857 So. 2d 278, 2003 WL 22142519

District Court of Appeal of Florida | Filed: Sep 18, 2003 | Docket: 1759178

Cited 67 times | Published

negligence, wrongful death and violation of section 400.022, Florida Statutes (sometimes referred to as

Villazon v. Prudential Health Care Plan, Inc.

843 So. 2d 842, 28 Fla. L. Weekly Supp. 267, 2003 Fla. LEXIS 461, 2003 WL 1561528

Supreme Court of Florida | Filed: Mar 27, 2003 | Docket: 1244055

Cited 56 times | Published

receive adequate and appropriate health care," see § 400.022(1)(l), Fla. Stat. (1997), and a concomitant private

Thompson v. Kindred Nursing Centers East, LLC

211 F. Supp. 2d 1345, 2002 U.S. Dist. LEXIS 10210, 2002 WL 1257767

District Court, M.D. Florida | Filed: Apr 16, 2002 | Docket: 2437549

Cited 42 times | Published

home residents' rights pursuant to Fla. Stat. § 400.022 and § 400.023. [Docket No. 10]. While Defendant

Blankfeld v. Richmond Health Care, Inc.

902 So. 2d 296, 2005 WL 1226070

District Court of Appeal of Florida | Filed: May 25, 2005 | Docket: 2544764

Cited 41 times | Published

had violated Riva's statutory rights under section 400.022, Florida Statutes (2001). In a separate count

Estate of Despain v. Avante Group, Inc.

900 So. 2d 637, 2005 WL 672090

District Court of Appeal of Florida | Filed: Mar 24, 2005 | Docket: 463202

Cited 37 times | Published

decedent's rights as a nursing home resident under section 400.022, Florida Statutes (1999), negligence, and the

Romano Ex Rel. Romano v. Manor Care, Inc.

861 So. 2d 59, 2003 WL 22240322

District Court of Appeal of Florida | Filed: Oct 1, 2003 | Docket: 2448863

Cited 35 times | Published

The Nursing Home Resident's *63 Rights Act, section 400.022, was originally enacted after a Dade County

Githens v. BON SECOURS-MARIA MANOR

928 So. 2d 1272, 2006 WL 1443354

District Court of Appeal of Florida | Filed: May 26, 2006 | Docket: 1713760

Cited 30 times | Published

the nursing home residents' rights statute, section 400.022, Florida Statutes (2002). The Estate claimed

Shotts v. OP Winter Haven, Inc.

86 So. 3d 456, 36 Fla. L. Weekly Supp. 665, 2011 Fla. LEXIS 2764, 2011 WL 5864830

Supreme Court of Florida | Filed: Nov 23, 2011 | Docket: 60307687

Cited 29 times | Published

remedial. The “Residents Rights” provisions in section 400.022 were enacted in 1980 to respond to a Dade County

Greenfield v. Manor Care, Inc.

705 So. 2d 926, 1998 WL 25538

District Court of Appeal of Florida | Filed: Dec 24, 1997 | Docket: 1753762

Cited 28 times | Published

appellant alleged that Manor Care violated section 400.022(1)(e), Florida Statutes (1993), by not advising

Unicare Health Facilities, Inc. v. Mort

553 So. 2d 159, 14 Fla. L. Weekly 558, 1989 Fla. LEXIS 1064, 1989 WL 132637

Supreme Court of Florida | Filed: Nov 2, 1989 | Docket: 1258966

Cited 23 times | Published

prevails in any such action [for violation of section 400.022] may be entitled to recover reasonable attorney's

Fassy v. Crowley

884 So. 2d 359, 2004 WL 2008478

District Court of Appeal of Florida | Filed: Sep 10, 2004 | Docket: 1281861

Cited 22 times | Published

receive adequate and appropriate health care," § 400.022(1)(l), Fla. Stat. (1997), and a private right

NME Properties, Inc. v. McCullough

590 So. 2d 439, 1991 WL 178109

District Court of Appeal of Florida | Filed: Sep 13, 1991 | Docket: 1512682

Cited 22 times | Published

negligence, and count II alleges a violation of section 400.022, Florida Statutes (1989), which sets forth

Woebse v. Health Care and Retirement Corp.

977 So. 2d 630, 2008 WL 313588

District Court of Appeal of Florida | Filed: Feb 6, 2008 | Docket: 299372

Cited 18 times | Published

negligence or violation(s) of Florida Statutes § 400.022, et. seq., arising from simple or gross negligence

Florida Convalescent Centers v. Somberg

840 So. 2d 998, 28 Fla. L. Weekly Supp. 122, 2003 Fla. LEXIS 166, 2003 WL 252155

Supreme Court of Florida | Filed: Feb 6, 2003 | Docket: 1748290

Cited 17 times | Published

facilities." § 400.011, Fla. Stat. (1997). Section 400.022 expressly sets out a nursing home resident's

Beverly Enterprises-Florida v. Spilman

661 So. 2d 867, 1995 WL 570434

District Court of Appeal of Florida | Filed: Sep 29, 1995 | Docket: 1526481

Cited 16 times | Published

trial court's denial of the motion to dismiss. Section 400.022, Florida Statutes (1991), sets forth the specific

Integrated Health Care Serv., Inc. v. Lang-Redway

840 So. 2d 974, 27 Fla. L. Weekly Supp. 1030, 2002 Fla. LEXIS 2591, 2002 WL 31769252

Supreme Court of Florida | Filed: Dec 12, 2002 | Docket: 1748206

Cited 13 times | Published

to enforce only those rights enumerated in section 400.022, must the plaintiff comply with the presuit

Laizure v. Avante at Leesburg, Inc.

109 So. 3d 752, 38 Fla. L. Weekly Supp. 102, 2013 WL 535417, 2013 Fla. LEXIS 249

Supreme Court of Florida | Filed: Feb 14, 2013 | Docket: 60229788

Cited 12 times | Published

the statutory rights of nursing home residents. § 400.022, Fla. Stat. (2008). The NHRRA includes a provision

RESOURCE HEALTHCARE OF AMERICA v. McKinney

940 So. 2d 1139, 2006 WL 2347783

District Court of Appeal of Florida | Filed: Aug 11, 2006 | Docket: 1523923

Cited 11 times | Published

manager of Glen Oaks Health Care, pursuant to § 400.022, Florida Statutes. 6. Resource Healthcare never

TANDEM HEALTH CARE v. Whitney

897 So. 2d 531, 2005 WL 496365

District Court of Appeal of Florida | Filed: Mar 4, 2005 | Docket: 1735442

Cited 11 times | Published

as a nursing home resident pursuant *532 to section 400.022, Florida Statutes (2001), and for common law

First Healthcare Corp. v. Hamilton

740 So. 2d 1189, 1999 WL 436802

District Court of Appeal of Florida | Filed: Aug 18, 1999 | Docket: 1456563

Cited 11 times | Published

claims were that First Healthcare violated section 400.022, Florida Statutes (1995), by failing to provide

Manor Care of Dunedin, Inc. v. Keiser

611 So. 2d 1305, 1992 WL 386387

District Court of Appeal of Florida | Filed: Dec 30, 1992 | Docket: 1674161

Cited 11 times | Published

CAMPBELL and THREADGILL, JJ., concur. NOTES [1] § 400.022 and 400.023, Fla. Stat. (1991). [2] The case

Key West Convalescent Center v. Doherty

619 So. 2d 367, 1993 Fla. App. LEXIS 5848, 1993 WL 174255

District Court of Appeal of Florida | Filed: May 25, 1993 | Docket: 1721690

Cited 10 times | Published

in an action based on alleged violations of section 400.022, Florida Statutes (1991), which sets forth

Jaylene, Inc. v. Moots

995 So. 2d 566, 2008 WL 4181140

District Court of Appeal of Florida | Filed: Sep 12, 2008 | Docket: 1684670

Cited 9 times | Published

violated the rights of the decedent under section 400.022, Florida Statutes (2000 and 2001). Jaylene

Merkle v. Health Options, Inc.

940 So. 2d 1190

District Court of Appeal of Florida | Filed: Oct 18, 2006 | Docket: 1523962

Cited 9 times | Published

residents' rights. Villazon, 843 So.2d at 852 (citing § 400.022(1)(l), Fla. Stat. (1997); § 400.023(1), Fla. Stat

Estate of Youngblood v. Halifax Convalescent Center, Ltd.

874 So. 2d 596, 2004 WL 119298

District Court of Appeal of Florida | Filed: Jan 23, 2004 | Docket: 1473839

Cited 9 times | Published

rights of nursing home residents spelled out in section 400.022 are personal to the resident, such as the right

Beverly Enterprises-Florida, Inc. v. Knowles

766 So. 2d 335, 2000 WL 668482

District Court of Appeal of Florida | Filed: May 24, 2000 | Docket: 1329621

Cited 9 times | Published

action for damages arising out of violations of section 400.022 regardless of whether the violations caused

Reynoso v. Greynolds Park Manor, Inc.

659 So. 2d 1156, 1995 WL 470370

District Court of Appeal of Florida | Filed: Aug 10, 1995 | Docket: 1747943

Cited 8 times | Published

of defendant nursing home, in violation of section 400.022, Florida Statutes (1993), and the common law

Prieto v. Healthcare and Retirement Corp.

919 So. 2d 531, 2005 WL 3479850

District Court of Appeal of Florida | Filed: Dec 21, 2005 | Docket: 1269238

Cited 7 times | Published

residents. The Nursing Home Resident's Rights Act, section 400.022, was originally enacted after a Dade County

Five Points Health Care Ltd. v. Alberts

867 So. 2d 520, 2004 WL 350741

District Court of Appeal of Florida | Filed: Feb 26, 2004 | Docket: 1386822

Cited 7 times | Published

underlying factual allegations, violations of section 400.022, a law that details nursing home residents'

Beverly Health & Rehab. v. Freeman Ex Rel. Freeman

709 So. 2d 549, 1998 WL 66958

District Court of Appeal of Florida | Filed: Feb 20, 1998 | Docket: 1682053

Cited 7 times | Published

Stat. (1993). Those rights, enumerated in section 400.022, Florida Statutes (1993), are extensive and

Gessa v. Manor Care of Florida, Inc.

86 So. 3d 484, 36 Fla. L. Weekly Supp. 676, 2011 Fla. LEXIS 2765, 2011 WL 5864823

Supreme Court of Florida | Filed: Nov 23, 2011 | Docket: 60307688

Cited 6 times | Published

residents. The Nursing Home Resident’s Rights Act, section 400.022, was originally enacted after a Dade County

Estate of Blanchard Ex Rel. Blanchard v. Central Park Lodges (Tarpon Springs), Inc.

805 So. 2d 6, 2001 WL 1104293

District Court of Appeal of Florida | Filed: Sep 21, 2001 | Docket: 1241927

Cited 6 times | Published

negligence, wrongful death, and violation of section 400.022, Florida Statutes (1997), the nursing home

NATIONAL HEALTHCORP LTD. v. Cascio

725 So. 2d 1190, 1998 WL 904101

District Court of Appeal of Florida | Filed: Dec 30, 1998 | Docket: 1293968

Cited 6 times | Published

provided to nursing home residents pursuant to section 400.022, Florida Statutes (1991). Prior to trial, Humana

Candansk, LLC v. Estate of Hicks Ex Rel. Brownridge

25 So. 3d 580, 2009 Fla. App. LEXIS 16861, 2009 WL 3787192

District Court of Appeal of Florida | Filed: Nov 13, 2009 | Docket: 2410855

Cited 4 times | Published

violations of Ms. Hicks' rights as a resident under section 400.022, Florida Statutes (2007). The appellants moved

Westminster Community Care Services, Inc. v. Mikesell

12 So. 3d 838, 2009 Fla. App. LEXIS 6615, 2009 WL 1490826

District Court of Appeal of Florida | Filed: May 29, 2009 | Docket: 1647074

Cited 4 times | Published

nursing home resident rights set forth in section 400.022, Florida Statutes (2001). This count sought

Benjamin v. Tandem Healthcare, Inc.

998 So. 2d 566, 33 Fla. L. Weekly Supp. 1006, 2008 Fla. LEXIS 2432, 2008 WL 5333646

Supreme Court of Florida | Filed: Dec 23, 2008 | Docket: 1701585

Cited 4 times | Published

their own separate enumeration of rights. See § 400.022, Fla. Stat. (2004) ("Residents' rights"). Chapter

NATIONAL HEALTHCORP v. Close

787 So. 2d 22, 2001 WL 37858

District Court of Appeal of Florida | Filed: Jan 17, 2001 | Docket: 1496339

Cited 4 times | Published

of the protections afforded patients under section 400.022, Florida Statutes (1991). After initial written

BEVERLY HEALTH & REHAB. SERVS. v. Meeks

778 So. 2d 322, 2000 WL 1873093

District Court of Appeal of Florida | Filed: Dec 27, 2000 | Docket: 1686931

Cited 4 times | Published

Center violated various rights enumerated in section 400.022, Florida Statutes (1997), and claims that Ms

Beverly Enterprises-Florida, Inc. v. Deutsch

765 So. 2d 778, 2000 Fla. App. LEXIS 9237, 2000 WL 1004637

District Court of Appeal of Florida | Filed: Jul 21, 2000 | Docket: 428734

Cited 4 times | Published

privacy under Article I, § 23. It also points to section 400.022(m), Florida Statutes, which guarantees a resident

Pierrot v. Osceola Mental Health, Inc.

106 So. 3d 491, 2013 Fla. App. LEXIS 464, 2013 WL 132463

District Court of Appeal of Florida | Filed: Jan 11, 2013 | Docket: 60228219

Cited 3 times | Published

violation of nursing home residents’ rights under section 400.022, Florida Statutes. The complaint alleged that

AVANTE VILLA AT JACKSONVILLE v. Breidert

958 So. 2d 1031, 2007 WL 1593242

District Court of Appeal of Florida | Filed: Jun 5, 2007 | Docket: 1734928

Cited 3 times | Published

the patients' resident rights guaranteed by section 400.022, Florida Statutes, the Florida Administrative

Somberg v. FLA. CONVALESCENT CENTERS, INC.

779 So. 2d 667, 2001 WL 273817

District Court of Appeal of Florida | Filed: Mar 21, 2001 | Docket: 1521042

Cited 3 times | Published

receive adequate and appropriate health care," § 400.022(1)(l), Fla. Stat. (1997), and creates a private

Integrated Health Care Services, Inc. v. Lang-Redway

783 So. 2d 1108, 2001 WL 228024

District Court of Appeal of Florida | Filed: Mar 9, 2001 | Docket: 1259332

Cited 3 times | Published

defendants in an action filed pursuant to section 400.022, Florida Statutes (1997), seek a writ of certiorari

Beverly Enterprises-Florida, Inc. v. McVey

739 So. 2d 646, 1999 WL 586987

District Court of Appeal of Florida | Filed: Jul 21, 1999 | Docket: 1293841

Cited 3 times | Published

Beverly also challenges the constitutionality of section 400.022, Florida Statutes (1993), and asserts that

Sovereign Healthcare of Port St. Lucie, LLC v. Fernandes

132 So. 3d 855, 2013 WL 6636018, 2013 Fla. App. LEXIS 19959

District Court of Appeal of Florida | Filed: Dec 18, 2013 | Docket: 60238549

Cited 2 times | Published

privacy, embodied in Art. I, section 23, as well as § 400.022(l)(m), Fla. Stat. (2010), which states that the

Estate of Murray Ex Rel. Murray v. Delta Health Group, Inc.

30 So. 3d 576, 2010 Fla. App. LEXIS 1802, 2010 WL 565657

District Court of Appeal of Florida | Filed: Feb 19, 2010 | Docket: 1639346

Cited 2 times | Published

Murray's nursing home residents' rights under section 400.022, Florida Statutes (2002), as well as negligence

Scheible v. Joseph L. Morse Geriatric Ctr., Inc.

988 So. 2d 1130, 2008 WL 2906901

District Court of Appeal of Florida | Filed: Jul 30, 2008 | Docket: 1385118

Cited 2 times | Published

of the Nursing Home Resident's Rights Act (section 400.022(1), Florida Statutes (1995)). Appellant later

Delta Health Group, Inc. v. Williams

780 So. 2d 337, 2001 Fla. App. LEXIS 4106, 2001 WL 303300

District Court of Appeal of Florida | Filed: Mar 30, 2001 | Docket: 1298425

Cited 2 times | Published

Jackson was denied his resident's rights under section 400.022, Florida Statutes (2000), and consequently

Delta Health Group, Inc. v. Williams

780 So. 2d 337, 2001 Fla. App. LEXIS 4106, 2001 WL 303300

District Court of Appeal of Florida | Filed: Mar 30, 2001 | Docket: 1298425

Cited 2 times | Published

Jackson was denied his resident's rights under section 400.022, Florida Statutes (2000), and consequently

Beverly Enterprises-Florida, Inc. v. Knowles

763 So. 2d 1285, 2000 WL 1189387

District Court of Appeal of Florida | Filed: Aug 23, 2000 | Docket: 1681756

Cited 2 times | Published

THE RESIDENT'S STATUTORY RIGHTS PROVIDED BY SECTION 400.022, FLORIDA STATUTES (1997), WHERE THE INFRINGEMENT

Bank of America Corp. v. Valladares

141 So. 3d 714, 2014 WL 2965406, 2014 Fla. App. LEXIS 10161

District Court of Appeal of Florida | Filed: Jul 2, 2014 | Docket: 434310

Cited 1 times | Published

law or fact raised by the losing party. § 400.022(4), Fla. Stat. (2013). The Legislature has enacted

Estate of Deresh ex rel. Schneider v. FS Tenant Pool III Trust

95 So. 3d 296, 2012 WL 2813819, 2012 Fla. App. LEXIS 11284

District Court of Appeal of Florida | Filed: Jul 11, 2012 | Docket: 60311174

Cited 1 times | Published

The resident’s bill of rights articulated in section 400.022 was backed up by the remedies, including punitive

Delta Health Group, Inc. v. Estate of Collins ex rel. Collins

36 So. 3d 711, 2010 Fla. App. LEXIS 4689, 2010 WL 1407657

District Court of Appeal of Florida | Filed: Apr 9, 2010 | Docket: 60294468

Cited 1 times | Published

departs from the essential requirements of section 400.022, Florida Statutes, which provides that nursing

Manorcare Health Services, Inc. v. Stiehl

22 So. 3d 96, 2009 Fla. App. LEXIS 11756, 2009 WL 2568264

District Court of Appeal of Florida | Filed: Aug 21, 2009 | Docket: 1063068

Cited 1 times | Published

negligence or violation(s) of Florida Statutes § 400.022, et seq., arising from simple or gross negligence

Estate of Jones v. MARINER HEALTH CARE

955 So. 2d 43, 2007 Fla. App. LEXIS 3857, 2007 WL 776524

District Court of Appeal of Florida | Filed: Mar 16, 2007 | Docket: 1659303

Cited 1 times | Published

2004). The "Residents Rights" provisions in section 400.022 were enacted in 1980 to respond to a Dade County

TAMPA MEDICAL ASSOCIATES v. Estate of Craig

915 So. 2d 660, 2005 WL 2512991

District Court of Appeal of Florida | Filed: Oct 12, 2005 | Docket: 1690685

Cited 1 times | Published

McGowan, 819 So.2d 145, 151 (Fla. 2d DCA 2002). Section 400.022, Florida Statutes (2000), guarantees residents

Estate of Vazquez v. Avante Groups, Inc.

880 So. 2d 723, 2004 Fla. App. LEXIS 12199, 2004 WL 1073985

District Court of Appeal of Florida | Filed: Aug 20, 2004 | Docket: 1294843

Cited 1 times | Published

Legislature clarified its intent in enacting section 400.022 when it amended section 400.023(2) to provide

Angelo v. Healthcare

824 So. 2d 997, 2002 Fla. App. LEXIS 12395, 2002 WL 1972320

District Court of Appeal of Florida | Filed: Aug 28, 2002 | Docket: 64817156

Cited 1 times | Published

guaranteed to nursing home residents under section 400.022(1), Florida Statutes (1997), but, instead,

Truesdell v. PROCTOR, MD

443 So. 2d 107

District Court of Appeal of Florida | Filed: Dec 29, 1983 | Docket: 1458890

Cited 1 times | Published

deceit. Finally, she contends the provisions of Section 400.022, Florida Statutes, became part of the contract

Jody Meyer v. U-Haul Co of Florida, and Cindy Pronto

District Court of Appeal of Florida | Filed: Sep 4, 2024 | Docket: 69127363

Published

support services,” which the facility had to honor. § 400.022, Fla. Stat. The chapter also establishes an “exclusive

ELIZABETH SNYDER, as the Daughter and Authorized Agent of Judith Goldstein v. MERIDIAN PARK VILLAGE LIMITED PARTNERSHIP

District Court of Appeal of Florida | Filed: Mar 3, 2021 | Docket: 59699921

Published

authority to suspend the rights provided by section 400.022— because she did not raise this issue in the

Hochbaum Ex Rel. Hochbaum v. Palm Garden of Winter Haven, LLC

201 So. 3d 218, 2016 Fla. App. LEXIS 14827

District Court of Appeal of Florida | Filed: Oct 5, 2016 | Docket: 4469184

Published

Count one alleged negligence in violation of section 400.022, Florida Statutes (2013), count two alleged

Mariner Health Care of Metrowest, Inc. v. Best

879 So. 2d 65, 2004 Fla. App. LEXIS 11329, 2004 WL 1698241

District Court of Appeal of Florida | Filed: Jul 30, 2004 | Docket: 64832073

Published

of a nursing home resident’s rights under section 400.022, Florida Statutes (2003). Through discovery

Preston v. HEALTH CARE CORP. OF AMERICA

785 So. 2d 570, 2001 WL 321249

District Court of Appeal of Florida | Filed: Apr 4, 2001 | Docket: 1510130

Published

receive adequate and appropriate health care," § 400.022(1)(l), Fla. Stat. (1997), and creates a private

Garcia v. Brookwood Extended Care Center of Homestead

643 So. 2d 715, 1994 Fla. App. LEXIS 10011, 1994 WL 568461

District Court of Appeal of Florida | Filed: Oct 19, 1994 | Docket: 64751441

Published

behalf for negligence and for violation of section 400.022, Florida Statutes (1993), known as the Nursing

In re Senior Care Properties, Inc.

161 B.R. 294, 7 Fla. L. Weekly Fed. B 303, 1993 Bankr. LEXIS 1803, 1993 WL 499375

United States Bankruptcy Court, N.D. Florida | Filed: Nov 24, 1993 | Docket: 65780693

Published

violation of the rights afforded patients under § 400.022 of the Florida Statutes is personal to the patient

Mort v. Unicare Health Facilities, Inc.

537 So. 2d 203, 14 Fla. L. Weekly 244, 1989 Fla. App. LEXIS 258, 1989 WL 3905

District Court of Appeal of Florida | Filed: Jan 20, 1989 | Docket: 64639956

Published

action to enforce rights guaranteed under section 400.022 and to recover actual and punitive damages