Florida 2025 2025 Regular Session

Florida House Bill H0493 Comm Sub / Bill

Filed 04/17/2025

                       
 
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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; creating 13 
s. 430.71, F.S.; providing purpose and legislative 14 
intent for the Florida Alzheimer's Center of 15 
Excellence; providing definitions; providing duties of 16 
the center; providing eligibility requirements for 17 
services; providing effective dates. 18 
 19 
Be It Enacted by the Legislature of the State of Florida: 20 
 21 
 Section 1.  Effective January 1, 2026, section 429.177, 22 
Florida Statutes, is amended to read: 23 
 429.177  Patients with Alzheimer's disease , dementia, or 24 
other memory related disorders; certain disclosures ; minimum 25     
 
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standards.β€” 26 
 (1)  "Memory care services" means spe cialized or focused 27 
care and services designed to address health or behavioral 28 
issues resulting from Alzheimer's disease, dementia, or other 29 
memory disorders. 30 
 (2)(a)  A facility that advertises itself as a memory care 31 
provider or otherwise claims that the facility provides memory 32 
care services, including, but not limited to, services for 33 
residents with Alzheimer's disease, dementia, or other memory 34 
disorders, must meet all of the following standards of operation 35 
for such services: 36 
 1.  Develop and implemen t policies and procedures 37 
addressing all of the following: 38 
 a.  Admittance criteria. 39 
 b.  Care and services necessary to address the needs of 40 
persons admitted for memory care services. 41 
 2.  Activities specifically designed and offered for 42 
persons admitted for memory care services. 43 
 3.  Maintenance of a current and accurate log of residents 44 
admitted as receiving memory care services. 45 
 (b)  The standards in paragraph (a) apply to any unit 46 
designated for the provision of memory care services or to a 47 
facility that provides memory care services to any resident 48 
admitted and requiring such services. 49     
 
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 (3)  In addition to the requirements of s. 429.24, resident 50 
contracts must specify all memory care services to be provided 51 
and any related costs should those costs exc eed standard room 52 
and board. 53 
 (4)  In addition to the requirements of s. 429.26(7), for 54 
persons residing in a memory care facility, the facility shall: 55 
 (a)  Notify a licensed physician when a resident has a 56 
change of condition specific to increased or more severe 57 
dementia, or other memory disorder to ensure that appropriate 58 
care is provided to the resident. The notification must occur 59 
within 30 days after the acknowledgement of such changes in 60 
condition by facility staff. 61 
 (b)  If a change in the reside nt's condition is determined 62 
to exist, notify the resident's representative or designee and 63 
assist in making appointments for the necessary care and 64 
services for treatment of the change in condition. 65 
 (c)  If the resident does not have a representative or 66 
designee, or if the resident's representative or designee cannot 67 
be located or is unresponsive, arrange with the appropriate 68 
health care provider for the necessary care and services for 69 
treatment of the change in condition. 70 
 (5)(a)  The memory care facilit y, or if a memory care 71 
provider has a specific unit designated for memory care 72 
services, must have at least one staff member present to provide 73 
care and services at all times. The staff member shall: 74     
 
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 1.  Stay awake at all times. 75 
 2.  Meet any training req uired as defined by statute or 76 
rule for assisted living facilities, including the training and 77 
continuing education requirements of s. 430.5025. 78 
 3.  Be certified in first aid and cardiopulmonary 79 
resuscitation. 80 
 (b)  A staff member administering medication or providing 81 
assistance with the self -administration of medication may not be 82 
considered as the sole staff member toward the staffing 83 
requirement while engaged in these tasks. 84 
 (6) A facility licensed under this part which claims that 85 
it provides special care for persons who have Alzheimer's 86 
disease, dementia, or other memory related disorders must 87 
disclose in its advertisements or in a separate document those 88 
services that distinguish the care as being especially 89 
applicable to, or suitable for, such pers ons. The facility must 90 
give a copy of all such advertisements or a copy of the document 91 
to each person who requests information about programs and 92 
services for persons with Alzheimer's disease , dementia, or 93 
other memory related disorders offered by the fac ility and must 94 
maintain a copy of all such advertisements and documents in its 95 
records. The agency shall examine all such advertisements and 96 
documents in the facility's records as part of the license 97 
renewal procedure. 98 
 Section 2. Effective January 1, 2 026, section 429.178, 99     
 
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Florida Statutes, is repealed. 100 
 Section 3.  Section 430.71, Florida Statutes, is created to 101 
read: 102 
 430.71  Florida Alzheimer's Center of Excellence. β€” 103 
 (1)  PURPOSE AND INTENT. β€”The purpose of this section is to 104 
assist and support persons with Alzheimer's disease or related 105 
forms of dementia and their caregivers by connecting them with 106 
resources in their communities to address two primary goals: 107 
 (a)  To allow residents of this state living with 108 
Alzheimer's disease or related forms of dementia to age in 109 
place. 110 
 (b)  To empower family caregivers to improve their own 111 
well-being. 112 
 (2)  DEFINITIONS.-As used in this section, the term: 113 
 (a)  "Center" means the Florida Alzheimer's Center for 114 
Excellence. 115 
 (b)  "Department" means the Departme nt of Elderly Affairs. 116 
 (3)  POWERS AND DUTIES. - 117 
 (a)  There is created within the department the Florida 118 
Alzheimer's Center of Excellence, which shall assist in 119 
improving the quality of care for persons living with 120 
Alzheimer's disease or related forms of dementia and improved 121 
quality of life for family caregivers. The center may contract 122 
for services necessary to implement this section. The center 123 
shall: 124     
 
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 1.  Conduct caregiver assessments to measure caregiver 125 
burden. 126 
 2.  Create personalized plans that gui de caregivers to 127 
community resources, empowering them with the skills, education, 128 
support, and planning necessary for effective caregiving, 129 
including addressing any medical, emotional, social, legal or 130 
financial challenges experienced by the person with Al zheimer's 131 
disease or a related form of dementia. 132 
 3.  Educate and assist caregivers with strategies for 133 
caregiving for someone with Alzheimer's disease or a related 134 
form of dementia and provide guidance on all aspects of home -135 
based care, including home saf ety, physical and mental health, 136 
legal and financial preparedness, communication skills, and 137 
hands-on care techniques. 138 
 4.  Provide online educational resources for caregivers. 139 
 5.  Track outcomes, including, but not limited to, 140 
decreased hospitalizations, reduced emergency department visits, 141 
reduction in falls, and reduction in caregiver burnout. 142 
 6.  By December 1 of each year, submit a report to the 143 
Governor, the President of the Senate, and the Speaker of the 144 
House of Representatives. The report must ad dress the number of 145 
families served, the types of services provided, and the 146 
outcomes achieved. 147 
 (b)  The center shall work with the Area Agencies on Aging; 148 
the Alzheimer's Disease Advisory Committee established under s. 149     
 
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430.501; the Alzheimer's Disease In itiative established under 150 
ss. 430.501-430.504; the state-funded memory disorder clinics 151 
established under s. 430.502; the department's Dementia Care and 152 
Cure Initiative task forces; universities; hospitals; and other 153 
available community resources to ensur e full use of the state's 154 
infrastructure. 155 
 (4)  ELIGIBILITY FOR SERVICES. β€” 156 
 (a)  To qualify for assistance from the center, an 157 
individual or caregiver must meet all of the following criteria: 158 
 1.  At least one person in the household is a caregiver for 159 
a person diagnosed with, or suspected to have, Alzheimer's 160 
disease or a related form of dementia. 161 
 2.  The caregiver or the person diagnosed with, or 162 
suspected to have, Alzheimer's disease or a related form of 163 
dementia, is a resident of this state. 164 
 3.  The person seeking assistance has the goal of providing 165 
in-home care for the person diagnosed with, or suspected to 166 
have, Alzheimer's disease or a related form of dementia. 167 
 (b)  If the person seeking assistance meets the criteria in 168 
paragraph (a), the center may provide assistance to the 169 
caregiving family, subject to the availability of funds and 170 
resources. 171 
 Section 4. Except as otherwise expressly provided in this 172 
act, this act shall take effect July 1, 2025. 173