Florida Senate - 2026 SB 1404
By Senator Burton
12-01086-26 20261404__
1 A bill to be entitled
2 An act relating to memory care; amending s. 429.177,
3 F.S.; defining the term “memory care services”;
4 requiring facilities claiming to provide memory care
5 services to meet specified standards of operation in
6 providing such services; providing applicability;
7 specifying requirements for resident contracts;
8 specifying requirements for facilities with a resident
9 who experiences certain changes of condition;
10 specifying staffing requirements for facilities
11 providing memory care services; repealing s. 429.178,
12 F.S., relating to special care for persons with
13 Alzheimer’s disease or other related disorders;
14 creating s. 430.71, F.S.; providing the purpose of the
15 Florida Alzheimer’s Center of Excellence; defining
16 terms; creating the center within the Department of
17 Elderly Affairs; authorizing the center to contract
18 for services; providing duties of the center;
19 requiring the center to submit an annual report to the
20 Governor and the Legislature by a specified date;
21 specifying requirements for the report; specifying
22 eligibility requirements for services; authorizing the
23 center to provide assistance to qualified persons,
24 subject to the availability of funds and resources;
25 providing effective dates.
26
27 Be It Enacted by the Legislature of the State of Florida:
28
29 Section 1. Effective January 1, 2027, section 429.177,
30 Florida Statutes, is amended to read:
31 429.177 Patients with Alzheimer’s disease, dementia, or
32 other memory related disorders; certain disclosures; minimum
33 standards.—
34 (1) As used in this section, the term “memory care
35 services” means specialized or focused care and services
36 designed to address health or behavioral issues resulting from
37 Alzheimer’s disease, dementia, or other memory disorders.
38 (2)(a) A facility that advertises itself as a memory care
39 provider or otherwise claims that the facility provides memory
40 care services, including, but not limited to, services for
41 residents with Alzheimer’s disease, dementia, or other memory
42 disorders, must:
43 1. Develop and implement policies and procedures addressing
44 all of the following:
45 a. Admittance criteria.
46 b. Care and services necessary to address the needs of
47 persons admitted for memory care services;
48 2. Offer activities specifically designed for persons
49 admitted for memory care services; and
50 3. Maintain a current and accurate log of residents
51 admitted for the purpose of receiving memory care services.
52 (b) The standards in paragraph (a) apply to any unit
53 designated for the provision of memory care services or to a
54 facility that provides memory care services to any resident
55 admitted and requiring such services.
56 (3) In addition to the requirements of s. 429.24, resident
57 contracts must specify all memory care services to be provided
58 and any costs related to such services which exceed standard
59 room and board.
60 (4) In addition to the requirements of s. 429.26(7), for
61 persons residing in facilities providing memory care services
62 who exhibit a change of condition, the facility shall:
63 (a) Notify a licensed physician to ensure that appropriate
64 care is provided to the resident. The notification must occur
65 within 30 days after the acknowledgment of such changes in
66 condition by facility staff.
67 (b) Notify the resident’s representative or designee and
68 assist in making appointments for the necessary care and
69 services for treatment of the change in condition.
70 (c) If the resident does not have a representative or
71 designee, or if the resident’s representative or designee cannot
72 be located or is unresponsive, arrange with the appropriate
73 health care provider for the necessary care and services for
74 treatment of the change in condition.
75 (5)(a) A facility providing memory care services, or a
76 specific unit of a health care facility which is designated for
77 memory care services, must have at least one staff member
78 present to provide care and services at all times. The staff
79 member shall:
80 1. Stay awake at all times.
81 2. Meet any training required as defined by statute or rule
82 for assisted living facilities, including the training and
83 continuing education requirements of s. 430.5025.
84 3. Be certified in first aid and cardiopulmonary
85 resuscitation.
86 (b) A staff member administering medication or providing
87 assistance with the self-administration of medication does not
88 count toward the staffing requirement specified in paragraph (a)
89 when he or she is engaged in such tasks.
90 (6) A facility licensed under this part which claims that
91 it provides special care for persons who have Alzheimer’s
92 disease, dementia, or other memory related disorders must
93 disclose in its advertisements or in a separate document those
94 services that distinguish the care as being especially
95 applicable to, or suitable for, such persons. The facility must
96 give a copy of all such advertisements or a copy of the document
97 to each person who requests information about programs and
98 services for persons with Alzheimer’s disease, dementia, or
99 other memory related disorders offered by the facility and must
100 maintain a copy of all such advertisements and documents in its
101 records. The agency shall examine all such advertisements and
102 documents in the facility’s records as part of the license
103 renewal procedure.
104 Section 2. Effective January 1, 2027, section 429.178,
105 Florida Statutes, is repealed.
106 Section 3. Section 430.71, Florida Statutes, is created to
107 read:
108 430.71 Florida Alzheimer’s Center of Excellence.—
109 (1) PURPOSE AND INTENT.—The purpose of this section is to
110 assist and support persons with Alzheimer’s disease or related
111 forms of dementia and their caregivers by connecting them with
112 resources in their communities to address the following goals:
113 (a) To allow residents of this state living with
114 Alzheimer’s disease or related forms of dementia to age in
115 place.
116 (b) To empower family caregivers to improve their own well
117 being.
118 (2) DEFINITIONS.-As used in this section, the term:
119 (a) “Center” means the Florida Alzheimer’s Center of
120 Excellence.
121 (b) “Department” means the Department of Elderly Affairs.
122 (3) POWERS AND DUTIES.—
123 (a) There is created within the department the Florida
124 Alzheimer’s Center of Excellence, which shall assist in
125 improving the quality of care for persons living with
126 Alzheimer’s disease or related forms of dementia and improving
127 the quality of life for family caregivers. The center may
128 contract for services necessary to implement this section. The
129 center shall do all of the following:
130 1. Conduct caregiver assessments to measure caregiver
131 burden.
132 2. Create personalized plans that guide caregivers to
133 community resources, empowering them with the skills, education,
134 support, and planning necessary for effective caregiving,
135 including addressing any medical, emotional, social, legal, or
136 financial challenges experienced by the person with Alzheimer’s
137 disease or a related form of dementia.
138 3. Educate and assist caregivers with strategies for
139 caregiving for someone with Alzheimer’s disease or a related
140 form of dementia and provide guidance on all aspects of home
141 based care, including home safety, physical and mental health,
142 legal and financial preparedness, communication skills, and
143 hands-on care techniques.
144 4. Provide online educational resources for caregivers.
145 5. Track outcomes, including, but not limited to, decreased
146 hospitalizations, reduced emergency department visits, reduction
147 in falls, and reduction in caregiver burnout.
148 6. By December 1 of each year, submit a report to the
149 Governor, the President of the Senate, and the Speaker of the
150 House of Representatives which addresses the number of families
151 served, the types of services provided, and the outcomes
152 achieved.
153 (b) The center shall work with area agencies on aging as
154 defined in s. 430.203; the Alzheimer’s Disease Advisory
155 Committee established under s. 430.501; the Alzheimer’s Disease
156 Initiative established under ss. 430.501-430.504; the state
157 funded memory disorder clinics established under s. 430.502; the
158 department’s Dementia Care and Cure Initiative task forces;
159 universities; hospitals; and other available community resources
160 to ensure full use of the state’s infrastructure.
161 (4) ELIGIBILITY FOR SERVICES.—
162 (a) To qualify for assistance from the center, an
163 individual or a caregiver must meet all of the following
164 criteria:
165 1. At least one person in the household is a caregiver for
166 a person diagnosed with, or suspected to have, Alzheimer’s
167 disease or a related form of dementia.
168 2. The caregiver or the person diagnosed with, or suspected
169 to have, Alzheimer’s disease or a related form of dementia is a
170 resident of this state.
171 3. The person seeking assistance has the goal of providing
172 in-home care for the person diagnosed with, or suspected to
173 have, Alzheimer’s disease or a related form of dementia.
174 (b) If the person seeking assistance meets the criteria in
175 paragraph (a), the center may provide assistance to the
176 caregiving family, subject to the availability of funds and
177 resources.
178 Section 4. Except as otherwise expressly provided in this
179 act, this act shall take effect July 1, 2026.