Florida Statute 400.602 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIX
PUBLIC HEALTH

Chapter 400
NURSING HOMES AND RELATED HEALTH CARE FACILITIES

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F.S. 400.602

400.602 Licensure required; prohibited acts; exemptions; display, transferability of license.—

(1)(a) The requirements of part II of chapter 408 apply to the provision of services that require licensure pursuant to this part and part II of chapter 408 and to entities licensed by or applying for such licensure from the agency pursuant to this part. A license issued by the agency is required in order to operate a hospice in this state. Any person or legal entity that is not licensed as a hospice under this part may not use the word “hospice” in its name, or offer or advertise hospice services or hospice-like services in such a way as to mislead a person to believe that the offeror is a hospice licensed under this part.

(b) It is unlawful for any person or legal entity offering, describing, or advertising hospice services or hospice-like services or otherwise holding itself out as a hospice to do so without stating the year of initial licensure as a hospice in the state or the year of initial licensure of the hospice entity or affiliate based in the state that owns the hospice. At a minimum, the year of initial licensure must be stated directly beneath the name of the licensed entity in a type no less than 25 percent of the size of the type used for the name or other indication of hospice services or hospice-like services and must be prominently stated at least one time on any document, item, or other medium offering, describing, or advertising hospice services or hospice-like services. This requirement excludes any materials relating to the care and treatment of an existing hospice patient.

(2) Services provided by a hospital, nursing home, or other health care facility, health care provider, or caregiver, or under the Community Care for the Elderly Act, do not constitute a hospice unless the facility, provider, or caregiver establishes a separate and distinct administrative program to provide home, residential, and homelike inpatient hospice services.

(3)(a) A separately licensed hospice may not use a name which is substantially the same as the name of another hospice licensed under this part.

(b) A licensed hospice which intends to change its name or address must notify the agency at least 60 days before making the change.

History.—s. 3, ch. 79-186; s. 2, ch. 80-64; s. 2, ch. 81-271; s. 2, ch. 81-318; ss. 66, 79, 83, ch. 83-181; s. 10, ch. 89-527; ss. 3, 14, ch. 93-179; s. 58, ch. 95-418; s. 11, ch. 97-270; s. 2, ch. 2006-155; s. 84, ch. 2007-230.

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Amendments to 400.602

Arrestable Offenses / Crimes under Fla. Stat. 400.602

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 400.602.

Annotations, Discussions, Cases:

Cases Citing Statute 400.602

Total Results: 4

AVANTE VILLA AT JACKSONVILLE v. Breidert

Court: District Court of Appeal of Florida | Date Filed: 2007-06-05

Citation: 958 So. 2d 1031, 2007 WL 1593242

Snippet: 032(8), Fla. Stat.; § 408.07(24), Fla. Stat.; § 400.602(2), Fla. Stat.; § 381.0303(3)(a)2., Fla. Stat.;

Hospice of Palm Beach County v. State

Court: District Court of Appeal of Florida | Date Filed: 2004-04-26

Citation: 876 So. 2d 4, 2004 WL 874929

Snippet: Beach County it must first obtain a license. See § 400.602(1)(a), Fla. Stat. (2002). Such a license is not

MHS v. Halifax Hospice

Court: District Court of Appeal of Florida | Date Filed: 1997-02-26

Citation: 689 So. 2d 373

Snippet: first obtaining a license from the agency." § 400.602(1)(a), Fla. Stat. (1995). In its review of MHS's

Ago

Court: Florida Attorney General Reports | Date Filed: 1994-12-13

Snippet: terminally ill patient and his family." See also, s. 400.602(1), Fla. Stat. (1993), providing: (a) It is unlawful