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Florida Statute 400.151 - Full Text and Legal Analysis
Florida Statute 400.151 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 400.151 Case Law from Google Scholar Google Search for Amendments to 400.151

The 2025 Florida Statutes

Title XXIX
PUBLIC HEALTH
Chapter 400
NURSING HOMES AND RELATED HEALTH CARE FACILITIES
View Entire Chapter
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.

F.S. 400.151 on Google Scholar

F.S. 400.151 on CourtListener

Amendments to 400.151


Annotations, Discussions, Cases:

Cases Citing Statute 400.151

Total Results: 6  |  Sort by: Relevance  |  Newest First

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Bland v. Health Care & Ret. Corp., 927 So. 2d 252 (Fla. 2d DCA 2006).

Cited 26 times | Published | Florida 2nd District Court of Appeal | 2006 WL 1235910

...Petsch, 872 So.2d at 261; see, e.g., § 769.06 (prohibiting contracts limiting liability in context of fellow servant act as illegal and void). Accordingly, a compelling argument can be made that, absent a legislative restriction, the courts should honor a party's decision to contract away statutory protections. See § 400.151(2) (stating that nursing home contract shall include "any other matters which the parties deem appropriate")....
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ALTERRA HEALTHCARE v. Est. of Linton Ex Rel. Graham, 953 So. 2d 574 (Fla. 1st DCA 2007).

Cited 19 times | Published | Florida 1st District Court of Appeal | 2007 WL 597008

...v. Health Care & Ret. Corp. of Am., 927 So.2d 252, 258 (Fla. 2d DCA 2006) (stating that "a compelling argument can be made that, absent a legislative restriction, the courts should honor a party's decision to contract away statutory protections. See § 400.151(2) (stating that nursing home contract shall include `any other matters which the parties deem appropriate')")....
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Gessa v. Manor Care of Florida, Inc., 86 So. 3d 484 (Fla. 2011).

Cited 6 times | Published | Supreme Court of Florida | 36 Fla. L. Weekly Supp. 676, 2011 Fla. LEXIS 2765, 2011 WL 5864823

decision to contract away statutory protections.”); § 400.151(2), Fla. Stat. (2004) (stating that nursing home
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Juan Mendez, Jr., etc. v. Hampton Court Nursing Ctr., LLC., 203 So. 3d 146 (Fla. 2016).

Cited 3 times | Published | Supreme Court of Florida | 41 Fla. L. Weekly Supp. 394, 2016 Fla. LEXIS 2074

Instead, the Petitioner relies on the effect of section 400.151, Florida Statutes (2009), which sets forth
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Richmond Healthcare, Inc. v. Digati, 878 So. 2d 388 (Fla. 4th DCA 2004).

Cited 3 times | Published | Florida 4th District Court of Appeal | 2004 WL 1196637

...f the arbitration clause. NOTES [1] Plaintiff also argued that enforcement of the arbitration provision should be denied because it was unconscionable, but the court reserved that issue for a later determination after an evidentiary hearing. [2] See § 400.151, Fla....
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Mendez v. Hampton Court Nursing Ctr., LLC, 140 So. 3d 671 (Fla. 3d DCA 2014).

Published | Florida 3rd District Court of Appeal | 2014 WL 2515690, 2014 Fla. App. LEXIS 8520

...For the same reason, it is irrelevant to the third-party beneficiary analysis whether the son’s signature as “Resident’s Representative” on the agreement qualified as the signature of the father’s “designee or legal representative” under section 400.151, Florida Statutes....

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.