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The Florida Senate

2024 Florida Statutes

Title XXXVII INSURANCE
Chapter 651 CONTINUING CARE CONTRACTS Entire Chapter
SECTION 091
Availability, distribution, and posting of reports and records; requirement of full disclosure.
F.S. 651.091
651.091 Availability, distribution, and posting of reports and records; requirement of full disclosure.—
(1) Each continuing care facility shall maintain as public information, available upon request, records of all cost and inspection reports pertaining to that facility which have been filed with or issued by any governmental agency. A copy of each report shall be retained for at least 5 years after the date the report is filed or issued. Each facility shall also maintain as public information, available upon request, all annual statements that have been filed with the office. For purposes of this section, a management company or operator is considered an agent of the provider.
(2) Every continuing care facility shall:
(a) Display the certificate of authority in a conspicuous place inside the facility.
(b) Post in a prominent position in the facility which is accessible to all residents and the general public a concise summary of the last examination report issued by the office, with references to the page numbers of the full report noting any deficiencies found by the office, and the actions taken by the provider to rectify such deficiencies, indicating in such summary where the full report may be inspected in the facility.
(c) Post in a prominent position in the facility, accessible to all residents and the general public, a notice containing the contact information for the office and the Division of Consumer Services of the department and stating that the division or office may be contacted for the submission of inquiries and complaints with respect to potential violations of this chapter committed by a provider. Such contact information must include the division’s website and the toll-free consumer helpline and the office’s website and telephone number.
(d) Provide notice to the president or chair of the residents’ council within 10 business days after issuance of a final examination report or the initiation of any legal or administrative proceeding by the office or the department and include a copy of such document.
(e) Provide a copy of the final examination report and corrective action plan, if one is required by the office, to the executive officer of the provider’s board or governing body and to the president or chair of the residents’ council within 60 days after issuance of the report.
(f) Post in a prominent position in the facility which is accessible to all residents and the general public a summary of the latest annual statement, indicating in the summary where the full annual statement may be inspected in the facility. A listing of any proposed changes in policies, programs, and services must also be posted.
(g) Distribute a copy of the full annual statement and a copy of the most recent third-party financial audit filed with the annual report to the president or chair of the residents’ council within 30 days after filing the annual report with the office, and designate a staff person to provide explanation thereof.
(h) Deliver the information described in s. 651.085(4) in writing to the president or chair of the residents’ council and make supporting documentation available upon request.
(i) Deliver to the president or chair of the residents’ council a summary of entrance fees collected and refunds made during the time period covered in the annual report and the refund balances due at the end of the report period.
(j) Deliver to the president or chair of the residents’ council a copy of each quarterly statement within 30 days after the quarterly statement is filed with the office if the facility is required to file quarterly.
(k) Upon request, deliver to the president or chair of the residents’ council a copy of any newly approved continuing care or continuing care at-home contract within 30 days after approval by the office.
(l) Provide to the president or chair of the residents’ council a copy of any notice filed with the office relating to any change in ownership within 10 business days after such filing by the provider.
(m) Provide to the president or chair of the residents’ council a written notice of any change in management within 10 business days.
(n) Make the information available to prospective residents pursuant to paragraph (3)(d) available to current residents and provide notice of changes to that information to the president or chair of the residents’ council within 3 business days.
(3) Before entering into a contract to furnish continuing care or continuing care at-home, the provider undertaking to furnish the care, or the agent of the provider, shall make full disclosure, obtain written acknowledgment of receipt, and provide copies of the disclosure documents to the prospective resident or his or her legal representative, of the following information:
(a) The contract to furnish continuing care or continuing care at-home.
(b) The summary listed in paragraph (2)(b).
(c) All ownership interests and lease agreements, including information specified in s. 651.022(2)(b)8.
(d) In keeping with the intent of this subsection relating to disclosure, the provider shall make available for review master plans approved by the provider’s board or governing body and any plans for expansion or phased development, to the extent that the availability of such plans does not put at risk real estate, financing, acquisition, negotiations, or other implementation of operational plans and thus jeopardize the success of negotiations, operations, and development.
(e) Copies of the rules and regulations of the facility and an explanation of the responsibilities of the resident.
(f) The policy of the facility with respect to admission to and discharge from the various levels of health care offered by the facility.
(g) A copy of s. 651.071.
(h) A copy of the resident’s rights as described in s. 651.083.
(i) Notice of the issuance of a final examination report or the initiation of any legal or administrative proceeding by the office or the department, including where the report or filing may be inspected in the facility, and that, upon request, an electronic copy or specific website address will be provided from which the document can be downloaded at no cost.
(j) Notice that if the resident does not exercise the right to rescind a continuing care contract within 7 days after executing the contract, the resident’s funds held in escrow pursuant to s. 651.055(2) will be released to the provider.
(k) A statement that distribution of the provider’s assets or income may occur or a statement that such distributions will not occur.
(l) Notice of any holding company system or obligated group of which the provider is a member.
(m) Disclosure of whether the provider has one or more residents serving on its board or governing body and whether that resident has a vote or is serving in a nonvoting, ex officio capacity.
(4) A true and complete copy of the full disclosure document to be used must be filed with the office before use. A resident or prospective resident or his or her legal representative may inspect the full reports referred to in paragraph (2)(b); the charter or other agreement or instrument required to be filed with the office pursuant to s. 651.022(2), together with all amendments thereto; and the bylaws of the corporation or association, if any. Upon request, copies of the reports and information shall be provided to the individual requesting them if the individual agrees to pay a reasonable charge to cover copying costs.
History.—s. 1, ch. 77-323; ss. 12, 25, ch. 81-292; s. 2, ch. 81-318; s. 3, ch. 83-265; ss. 15, 31, 33, 35, ch. 83-328; s. 10, ch. 91-98; s. 34, ch. 91-263; ss. 8, 12, ch. 93-22; s. 2, ch. 93-79; s. 513, ch. 97-102; s. 15, ch. 97-229; s. 1682, ch. 2003-261; s. 12, ch. 2010-202; s. 12, ch. 2011-193; s. 7, ch. 2015-122; s. 23, ch. 2019-160; s. 13, ch. 2023-295.