Florida Statute 400.151 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXIX
PUBLIC HEALTH

Chapter 400
NURSING HOMES AND RELATED HEALTH CARE FACILITIES

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400.151 Contracts.—

(1) The presence of each resident in a facility shall be covered by a contract, executed by the licensee and the resident or his or her designee or legal representative at the time of admission or prior thereto and at the expiration of the term of a previous contract, and modified by the licensee and the resident or his or her designee or legal representative at the time the source of payment for the resident’s care changes. Each party to the contract is entitled to a duplicate original thereof, printed in boldfaced type, and the licensee shall keep on file all contracts which it has with residents. The licensee may not destroy or otherwise dispose of any such contract until 5 years after its expiration or such longer period as may be provided in the rules of the agency. Microfilmed records or records reproduced by a similar process of duplication may be kept in lieu of the original records.

(2) Each contract to which this section applies shall contain express provisions specifically setting forth the services and accommodations to be provided by the licensee, the rates or charges therefor, bed reservation and refund policies, and any other matters which the parties deem appropriate. The licensee shall attach to the contract a list of services and supplies available but not covered by the per diem rate of the facility or by Titles XVIII and XIX of the Social Security Act and the standard charge to the resident for each item. The licensee shall provide written notification to each party to the contract of any changes in any attachment thereto, no fewer than 14 days in advance of the effective date of those changes. The agency shall specify by rule an alternative method for notification of changes in the cost of supplies. If the resident is a party to the contract, the licensee shall provide him or her with a written and oral notification of the changes.

History.—s. 14, ch. 69-309; ss. 19, 35, ch. 69-106; s. 13, ch. 70-361; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 10, 18, ch. 80-186; ss. 2, 3, ch. 81-318; ss. 19, 79, 83, ch. 83-181; s. 46, ch. 85-81; s. 30, ch. 93-177; ss. 19, 49, ch. 93-217; s. 767, ch. 95-148.

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Amendments to 400.151

Annotations, Discussions, Cases:

Cases Citing Statute 400.151

Total Results: 6

Bland v. Health Care and Retirement Corp.

927 So. 2d 252, 2006 WL 1235910

District Court of Appeal of Florida | Filed: May 10, 2006 | Docket: 2041918

Cited 26 times | Published

decision to contract away statutory protections. See § 400.151(2) (stating that nursing home contract shall include

ALTERRA HEALTHCARE v. Estate of Linton Ex Rel. Graham

953 So. 2d 574, 2007 WL 597008

District Court of Appeal of Florida | Filed: Feb 28, 2007 | Docket: 179727

Cited 19 times | Published

decision to contract away statutory protections. See § 400.151(2) (stating that nursing home contract shall include

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

decision to contract away statutory protections.”); § 400.151(2), Fla. Stat. (2004) (stating that nursing home

Juan Mendez, Jr., etc. v. Hampton Court Nursing Center, LLC.

203 So. 3d 146, 41 Fla. L. Weekly Supp. 394, 2016 Fla. LEXIS 2074

Supreme Court of Florida | Filed: Sep 22, 2016 | Docket: 4424430

Cited 3 times | Published

Instead, the Petitioner relies on the effect of section 400.151, Florida Statutes (2009), which sets forth

Richmond Healthcare, Inc. v. Digati

878 So. 2d 388, 2004 WL 1196637

District Court of Appeal of Florida | Filed: Jun 2, 2004 | Docket: 1353796

Cited 3 times | Published

determination after an evidentiary hearing. [2] See § 400.151, Fla. Stat. (2003), which states: "(1) The presence

Mendez v. Hampton Court Nursing Center, LLC

140 So. 3d 671, 2014 WL 2515690, 2014 Fla. App. LEXIS 8520

District Court of Appeal of Florida | Filed: Jun 4, 2014 | Docket: 60241571

Published

father’s “designee or legal representative” under section 400.151, Florida Statutes. Whether or not the son’s

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. Attorney Syfert regularly works with Chapter 400 in the context of nursing home negligence and represents clients throughout Northeast Florida. For legal consultation, call 904-383-7448.