Florida 2025 2025 Regular Session

Florida House Bill H0493 Comm Sub / Bill

Filed 04/02/2025

                       
 
CS/HB 493  	2025 
 
 
 
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hb493-01-c1 
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F L O R I D A H O U S E O F R E P	R E S E N T A T I V E	S 
 
 
 
A bill to be entitled 1 
An act relating to memory care; amending s. 429.177, 2 
F.S.; defining the term "memory care services"; 3 
requiring memory care providers to follow specified 4 
standards of operation in providing memory care 5 
services; providing requirements for resident 6 
contracts; providing requirements for memory care 7 
facilities; prohibiting certain facilities from 8 
advertising, representing, or holding themselves out 9 
as memory care providers unless such facilities meet 10 
specified criteria; repealing s. 429.178, F.S., 11 
relating to special care for persons with Alzheimer's 12 
disease, dementia, or other memory disorders; 13 
providing effective dates. 14 
 15 
Be It Enacted by the Legislature o f the State of Florida: 16 
 17 
 Section 1.  Effective January 1, 2026, section 429.177, 18 
Florida Statutes, is amended to read: 19 
 429.177  Patients with Alzheimer's disease , dementia, or 20 
other memory related disorders; certain disclosures ; minimum 21 
standards.— 22 
 (1)  "Memory care services" means specialized or focused 23 
care and services designed to address health or behavioral 24     
 
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issues resulting from Alzheimer's disease, dementia, or other 25 
memory disorders. 26 
 (2)(a)  A facility that advertises itself as a memory care 27 
provider or otherwise claims that the facility provides memory 28 
care services, including, but not limited to, services for 29 
residents with Alzheimer's disease, dementia, or other memory 30 
disorders, must meet all of the following standards of operation 31 
for such services: 32 
 1.  Develop and implement policies and procedures 33 
addressing all of the following: 34 
 a.  Admittance criteria. 35 
 b.  Care and services necessary to address the needs of 36 
persons admitted for memory care services. 37 
 2.  Activities specifically designe d and offered for 38 
persons admitted for memory care services. 39 
 3.  Maintenance of a current and accurate log of residents 40 
admitted as receiving memory care services. 41 
 (b)  The standards in paragraph (a) apply to any unit 42 
designated for the provision of memo ry care services or to a 43 
facility that provides memory care services to any resident 44 
admitted and requiring such services. 45 
 (3)  In addition to the requirements of s. 429.24, resident 46 
contracts must specify all memory care services to be provided 47 
and any related costs should those costs exceed standard room 48 
and board. 49     
 
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 (4)  In addition to the requirements of s. 429.26(7), for 50 
persons residing in a memory care facility, the facility shall: 51 
 (a)  Notify a licensed physician when a resident has a 52 
change of condition specific to increased or more severe 53 
dementia, or other memory disorder to ensure that appropriate 54 
care is provided to the resident. The notification must occur 55 
within 30 days after the acknowledgement of such changes in 56 
condition by facility staff . 57 
 (b)  If a change in the resident's condition is determined 58 
to exist, notify the resident's representative or designee and 59 
assist in making appointments for the necessary care and 60 
services for treatment of the change in condition. 61 
 (d)  If the resident d oes not have a representative or 62 
designee, or if the resident's representative or designee cannot 63 
be located or is unresponsive, arrange with the appropriate 64 
health care provider for the necessary care and services for 65 
treatment of the change in condition. 66 
 (5)(a)  The memory care facility, or if a memory care 67 
provider has a specific unit designated for memory care 68 
services, must have at least one staff member present to provide 69 
care and services at all times. The staff member shall: 70 
 1.  Stay awake at all times. 71 
 2.  Meet any training required as defined by statute or 72 
rule for assisted living facilities, including the training and 73 
continuing education requirements of s. 430.5025. 74     
 
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 3.  Be certified in first aid and cardiopulmonary 75 
resuscitation. 76 
 (b)  A staff member administering medication or providing 77 
assistance with the self -administration of medication may not be 78 
considered as the sole staff member toward the staffing 79 
requirement while engaged in these tasks. 80 
 (6) A facility licensed under this part whic h claims that 81 
it provides special care for persons who have Alzheimer's 82 
disease, dementia, or other memory related disorders must 83 
disclose in its advertisements or in a separate document those 84 
services that distinguish the care as being especially 85 
applicable to, or suitable for, such persons. The facility must 86 
give a copy of all such advertisements or a copy of the document 87 
to each person who requests information about programs and 88 
services for persons with Alzheimer's disease , dementia, or 89 
other memory related disorders offered by the facility and must 90 
maintain a copy of all such advertisements and documents in its 91 
records. The agency shall examine all such advertisements and 92 
documents in the facility's records as part of the license 93 
renewal procedure. 94 
 Section 2. Effective January 1, 2026, section 429.178, 95 
Florida Statutes, is repealed. 96 
 Section 3. Except as otherwise expressly provided in this 97 
act, this act shall take effect July 1, 2025. 98