FL
Florida House Bill H0493

Florida 2025 Regular Session

Florida House Bill H0493 Compare Versions

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1010 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
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1414 A bill to be entitled 1
1515 An act relating to memory care; amending s. 429.177, 2
1616 F.S.; defining the term "memory care services"; 3
1717 requiring memory care providers to follow specified 4
1818 standards of operation in providing memory care 5
1919 services; providing requirements for resident 6
2020 contracts; providing requirements for memory care 7
2121 facilities; prohibiting certain facilities from 8
2222 advertising, representing, or holding themselves out 9
2323 as memory care providers unless such facilities meet 10
2424 specified criteria; repealing s. 429.178, F.S., 11
2525 relating to special care for persons with Alzheimer's 12
26-disease, dementia, or other memory disorders; creating 13
27-s. 430.71, F.S.; providing purpose and legislative 14
28-intent for the Florida Alzheimer's Center of 15
29-Excellence; providing definitions; providing duties of 16
30-the center; providing eligibility requirements for 17
31-services; providing effective dates. 18
32- 19
33-Be It Enacted by the Legislature of the State of Florida: 20
34- 21
35- Section 1. Effective January 1, 2026, section 429.177, 22
36-Florida Statutes, is amended to read: 23
37- 429.177 Patients with Alzheimer's disease , dementia, or 24
38-other memory related disorders; certain disclosures ; minimum 25
26+disease, dementia, or other memory disorders; 13
27+providing effective dates. 14
28+ 15
29+Be It Enacted by the Legislature o f the State of Florida: 16
30+ 17
31+ Section 1. Effective January 1, 2026, section 429.177, 18
32+Florida Statutes, is amended to read: 19
33+ 429.177 Patients with Alzheimer's disease , dementia, or 20
34+other memory related disorders; certain disclosures ; minimum 21
35+standards.— 22
36+ (1) "Memory care services" means specialized or focused 23
37+care and services designed to address health or behavioral 24
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4746 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
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51-standards.— 26
52- (1) "Memory care services" means spe cialized or focused 27
53-care and services designed to address health or behavioral 28
54-issues resulting from Alzheimer's disease, dementia, or other 29
55-memory disorders. 30
56- (2)(a) A facility that advertises itself as a memory care 31
57-provider or otherwise claims that the facility provides memory 32
58-care services, including, but not limited to, services for 33
59-residents with Alzheimer's disease, dementia, or other memory 34
60-disorders, must meet all of the following standards of operation 35
61-for such services: 36
62- 1. Develop and implemen t policies and procedures 37
63-addressing all of the following: 38
64- a. Admittance criteria. 39
65- b. Care and services necessary to address the needs of 40
66-persons admitted for memory care services. 41
67- 2. Activities specifically designed and offered for 42
68-persons admitted for memory care services. 43
69- 3. Maintenance of a current and accurate log of residents 44
70-admitted as receiving memory care services. 45
71- (b) The standards in paragraph (a) apply to any unit 46
72-designated for the provision of memory care services or to a 47
73-facility that provides memory care services to any resident 48
74-admitted and requiring such services. 49
50+issues resulting from Alzheimer's disease, dementia, or other 25
51+memory disorders. 26
52+ (2)(a) A facility that advertises itself as a memory care 27
53+provider or otherwise claims that the facility provides memory 28
54+care services, including, but not limited to, services for 29
55+residents with Alzheimer's disease, dementia, or other memory 30
56+disorders, must meet all of the following standards of operation 31
57+for such services: 32
58+ 1. Develop and implement policies and procedures 33
59+addressing all of the following: 34
60+ a. Admittance criteria. 35
61+ b. Care and services necessary to address the needs of 36
62+persons admitted for memory care services. 37
63+ 2. Activities specifically designe d and offered for 38
64+persons admitted for memory care services. 39
65+ 3. Maintenance of a current and accurate log of residents 40
66+admitted as receiving memory care services. 41
67+ (b) The standards in paragraph (a) apply to any unit 42
68+designated for the provision of memo ry care services or to a 43
69+facility that provides memory care services to any resident 44
70+admitted and requiring such services. 45
71+ (3) In addition to the requirements of s. 429.24, resident 46
72+contracts must specify all memory care services to be provided 47
73+and any related costs should those costs exceed standard room 48
74+and board. 49
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8383 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
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87- (3) In addition to the requirements of s. 429.24, resident 50
88-contracts must specify all memory care services to be provided 51
89-and any related costs should those costs exc eed standard room 52
90-and board. 53
91- (4) In addition to the requirements of s. 429.26(7), for 54
92-persons residing in a memory care facility, the facility shall: 55
93- (a) Notify a licensed physician when a resident has a 56
94-change of condition specific to increased or more severe 57
95-dementia, or other memory disorder to ensure that appropriate 58
96-care is provided to the resident. The notification must occur 59
97-within 30 days after the acknowledgement of such changes in 60
98-condition by facility staff. 61
99- (b) If a change in the reside nt's condition is determined 62
100-to exist, notify the resident's representative or designee and 63
101-assist in making appointments for the necessary care and 64
102-services for treatment of the change in condition. 65
103- (c) If the resident does not have a representative or 66
104-designee, or if the resident's representative or designee cannot 67
105-be located or is unresponsive, arrange with the appropriate 68
106-health care provider for the necessary care and services for 69
107-treatment of the change in condition. 70
108- (5)(a) The memory care facilit y, or if a memory care 71
109-provider has a specific unit designated for memory care 72
110-services, must have at least one staff member present to provide 73
111-care and services at all times. The staff member shall: 74
87+ (4) In addition to the requirements of s. 429.26(7), for 50
88+persons residing in a memory care facility, the facility shall: 51
89+ (a) Notify a licensed physician when a resident has a 52
90+change of condition specific to increased or more severe 53
91+dementia, or other memory disorder to ensure that appropriate 54
92+care is provided to the resident. The notification must occur 55
93+within 30 days after the acknowledgement of such changes in 56
94+condition by facility staff . 57
95+ (b) If a change in the resident's condition is determined 58
96+to exist, notify the resident's representative or designee and 59
97+assist in making appointments for the necessary care and 60
98+services for treatment of the change in condition. 61
99+ (d) If the resident d oes not have a representative or 62
100+designee, or if the resident's representative or designee cannot 63
101+be located or is unresponsive, arrange with the appropriate 64
102+health care provider for the necessary care and services for 65
103+treatment of the change in condition. 66
104+ (5)(a) The memory care facility, or if a memory care 67
105+provider has a specific unit designated for memory care 68
106+services, must have at least one staff member present to provide 69
107+care and services at all times. The staff member shall: 70
108+ 1. Stay awake at all times. 71
109+ 2. Meet any training required as defined by statute or 72
110+rule for assisted living facilities, including the training and 73
111+continuing education requirements of s. 430.5025. 74
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120120 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
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124- 1. Stay awake at all times. 75
125- 2. Meet any training req uired as defined by statute or 76
126-rule for assisted living facilities, including the training and 77
127-continuing education requirements of s. 430.5025. 78
128- 3. Be certified in first aid and cardiopulmonary 79
129-resuscitation. 80
130- (b) A staff member administering medication or providing 81
131-assistance with the self -administration of medication may not be 82
132-considered as the sole staff member toward the staffing 83
133-requirement while engaged in these tasks. 84
134- (6) A facility licensed under this part which claims that 85
135-it provides special care for persons who have Alzheimer's 86
136-disease, dementia, or other memory related disorders must 87
137-disclose in its advertisements or in a separate document those 88
138-services that distinguish the care as being especially 89
139-applicable to, or suitable for, such pers ons. The facility must 90
140-give a copy of all such advertisements or a copy of the document 91
141-to each person who requests information about programs and 92
142-services for persons with Alzheimer's disease , dementia, or 93
143-other memory related disorders offered by the fac ility and must 94
144-maintain a copy of all such advertisements and documents in its 95
145-records. The agency shall examine all such advertisements and 96
146-documents in the facility's records as part of the license 97
147-renewal procedure. 98
148- Section 2. Effective January 1, 2 026, section 429.178, 99
149-
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157-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
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161-Florida Statutes, is repealed. 100
162- Section 3. Section 430.71, Florida Statutes, is created to 101
163-read: 102
164- 430.71 Florida Alzheimer's Center of Excellence. — 103
165- (1) PURPOSE AND INTENT. —The purpose of this section is to 104
166-assist and support persons with Alzheimer's disease or related 105
167-forms of dementia and their caregivers by connecting them with 106
168-resources in their communities to address two primary goals: 107
169- (a) To allow residents of this state living with 108
170-Alzheimer's disease or related forms of dementia to age in 109
171-place. 110
172- (b) To empower family caregivers to improve their own 111
173-well-being. 112
174- (2) DEFINITIONS.-As used in this section, the term: 113
175- (a) "Center" means the Florida Alzheimer's Center for 114
176-Excellence. 115
177- (b) "Department" means the Departme nt of Elderly Affairs. 116
178- (3) POWERS AND DUTIES. - 117
179- (a) There is created within the department the Florida 118
180-Alzheimer's Center of Excellence, which shall assist in 119
181-improving the quality of care for persons living with 120
182-Alzheimer's disease or related forms of dementia and improved 121
183-quality of life for family caregivers. The center may contract 122
184-for services necessary to implement this section. The center 123
185-shall: 124
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194-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
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198- 1. Conduct caregiver assessments to measure caregiver 125
199-burden. 126
200- 2. Create personalized plans that gui de caregivers to 127
201-community resources, empowering them with the skills, education, 128
202-support, and planning necessary for effective caregiving, 129
203-including addressing any medical, emotional, social, legal or 130
204-financial challenges experienced by the person with Al zheimer's 131
205-disease or a related form of dementia. 132
206- 3. Educate and assist caregivers with strategies for 133
207-caregiving for someone with Alzheimer's disease or a related 134
208-form of dementia and provide guidance on all aspects of home -135
209-based care, including home saf ety, physical and mental health, 136
210-legal and financial preparedness, communication skills, and 137
211-hands-on care techniques. 138
212- 4. Provide online educational resources for caregivers. 139
213- 5. Track outcomes, including, but not limited to, 140
214-decreased hospitalizations, reduced emergency department visits, 141
215-reduction in falls, and reduction in caregiver burnout. 142
216- 6. By December 1 of each year, submit a report to the 143
217-Governor, the President of the Senate, and the Speaker of the 144
218-House of Representatives. The report must ad dress the number of 145
219-families served, the types of services provided, and the 146
220-outcomes achieved. 147
221- (b) The center shall work with the Area Agencies on Aging; 148
222-the Alzheimer's Disease Advisory Committee established under s. 149
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231-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
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235-430.501; the Alzheimer's Disease In itiative established under 150
236-ss. 430.501-430.504; the state-funded memory disorder clinics 151
237-established under s. 430.502; the department's Dementia Care and 152
238-Cure Initiative task forces; universities; hospitals; and other 153
239-available community resources to ensur e full use of the state's 154
240-infrastructure. 155
241- (4) ELIGIBILITY FOR SERVICES. — 156
242- (a) To qualify for assistance from the center, an 157
243-individual or caregiver must meet all of the following criteria: 158
244- 1. At least one person in the household is a caregiver for 159
245-a person diagnosed with, or suspected to have, Alzheimer's 160
246-disease or a related form of dementia. 161
247- 2. The caregiver or the person diagnosed with, or 162
248-suspected to have, Alzheimer's disease or a related form of 163
249-dementia, is a resident of this state. 164
250- 3. The person seeking assistance has the goal of providing 165
251-in-home care for the person diagnosed with, or suspected to 166
252-have, Alzheimer's disease or a related form of dementia. 167
253- (b) If the person seeking assistance meets the criteria in 168
254-paragraph (a), the center may provide assistance to the 169
255-caregiving family, subject to the availability of funds and 170
256-resources. 171
257- Section 4. Except as otherwise expressly provided in this 172
258-act, this act shall take effect July 1, 2025. 173
124+ 3. Be certified in first aid and cardiopulmonary 75
125+resuscitation. 76
126+ (b) A staff member administering medication or providing 77
127+assistance with the self -administration of medication may not be 78
128+considered as the sole staff member toward the staffing 79
129+requirement while engaged in these tasks. 80
130+ (6) A facility licensed under this part whic h claims that 81
131+it provides special care for persons who have Alzheimer's 82
132+disease, dementia, or other memory related disorders must 83
133+disclose in its advertisements or in a separate document those 84
134+services that distinguish the care as being especially 85
135+applicable to, or suitable for, such persons. The facility must 86
136+give a copy of all such advertisements or a copy of the document 87
137+to each person who requests information about programs and 88
138+services for persons with Alzheimer's disease , dementia, or 89
139+other memory related disorders offered by the facility and must 90
140+maintain a copy of all such advertisements and documents in its 91
141+records. The agency shall examine all such advertisements and 92
142+documents in the facility's records as part of the license 93
143+renewal procedure. 94
144+ Section 2. Effective January 1, 2026, section 429.178, 95
145+Florida Statutes, is repealed. 96
146+ Section 3. Except as otherwise expressly provided in this 97
147+act, this act shall take effect July 1, 2025. 98