The Florida Senate

400.408  Referral of person for residency to unlicensed facility; penalty; verification of licensure status.--

(1)  It is unlawful to knowingly refer a person for residency to an unlicensed facility that provides services that may only be provided by an assisted living facility; to an assisted living facility the license of which is under denial or has been suspended or revoked; or to a facility that has a moratorium on admissions. Any person who violates this subsection is guilty of a noncriminal violation, punishable by a fine not exceeding $500 as provided in s. 775.083.

(a)  Any employee of the agency or department, or the ¹Department of Health and Rehabilitative Services, who knowingly refers a person for residency to an unlicensed facility; to a facility the license of which is under denial or has been suspended or revoked; or to a facility that has a moratorium on admissions is subject to disciplinary action by the agency or department, or the ¹Department of Health and Rehabilitative Services.

(b)  The employer of any person who is under contract with the agency or department, or the ¹Department of Health and Rehabilitative Services, and who knowingly refers a person for residency to an unlicensed facility; to a facility the license of which is under denial or has been suspended or revoked; or to a facility that has a moratorium on admissions shall be fined and required to prepare a corrective action plan designed to prevent such referrals.

(2)  The agency shall provide the department and the ¹Department of Health and Rehabilitative Services with a list of licensed facilities within each county and shall update the list at least monthly.

(3)  At least annually, the agency shall notify, in trade publications as defined by rule, physicians licensed pursuant to chapter 458, osteopathic physicians licensed pursuant to chapter 459, hospitals licensed pursuant to part I of chapter 395, and nursing home facilities licensed pursuant to part II of this chapter, and employees of the agency or the department, or the ¹Department of Health and Rehabilitative Services, having a responsibility for referring persons for residency, that it is unlawful to knowingly refer a person for residency to an unlicensed assisted living facility and shall notify them of the penalty for violating such prohibition. Further, the notice must direct each noticed facility and individual to contact the appropriate agency office in order to verify the licensure status of any facility prior to referring any person for residency. Each notice must include the name, telephone number, and mailing address of the appropriate office to contact.

History.--s. 17, ch. 88-350; s. 6, ch. 91-263; s. 29, ch. 92-33; ss. 5, 39, ch. 93-216; s. 10, ch. 95-210; ss. 4, 48, ch. 95-418.

¹Note.--The Department of Health and Rehabilitative Services was redesignated as the Department of Children and Family Services by s. 5, ch. 96-403, and the Department of Health was created by s. 8, ch. 96-403.