The Florida Senate

400.0712  Application for inactive license.--

(1)  As specified in this section, the agency may issue an inactive license to a nursing home facility for all or a portion of its beds. Any request by a licensee that a nursing home or portion of a nursing home become inactive must be submitted to the agency in the approved format. The facility may not initiate any suspension of services, notify residents, or initiate facility closure before receiving approval from the agency; and a facility that violates this provision shall not be issued an inactive license. Upon agency approval of an inactive license, the nursing home shall notify residents of any necessary discharge or transfer as provided in s. 400.0255

(2)  The agency may issue an inactive license to a nursing home that chooses to use an unoccupied contiguous portion of the facility for an alternative use to meet the needs of elderly persons through the use of less restrictive, less institutional services.

(a)  An inactive license issued under this subsection may be granted for a period not to exceed 12 months but may be renewed annually by the agency for 12 months.

(b)  A request to extend the inactive license must be submitted to the agency in the approved format and approved by the agency in writing.

(c)  Nursing homes that receive an inactive license to provide alternative services shall not receive preference for participation in the Assisted Living for the Elderly Medicaid waiver.

(3)  The agency may issue an inactive license to a nursing home that will be temporarily unable to provide services but is reasonably expected to resume services.

(a)  An inactive license issued under this subsection may be issued for a period not to exceed 12 months and may be renewed by the agency for an additional 6 months upon demonstration of progress toward reopening.

(b)  All licensure fees must be current and paid in full, and may be prorated as provided by agency rule, before the inactive license is issued.

(c)  Reactivation of an inactive license requires that the applicant pay all licensure fees and be inspected by the agency to confirm that all of the requirements of this part and applicable rules are met.

(4)  The agency shall adopt rules pursuant to ss. 120.536(1) and 120.54 necessary to implement this section.

History.--s. 1, ch. 2004-298.