Fla. Stat. 400.0234
Availability of facility records for investigation of resident’s rights violations and defenses; penalty

(1)

Failure to provide complete copies of a resident’s records, including, but not limited to, all medical records and the resident’s chart, within the control or possession of the facility in accordance with s. 400.145 shall constitute evidence of failure of that party to comply with good faith discovery requirements and shall waive the good faith certificate and presuit notice requirements under this part by the requesting party.

(2)

Information submitted pursuant to s. 408.061(5) and (6) is discoverable and may be admissible in a civil action or an administrative action under this part or part II of chapter 408.

(3)

No facility shall be held liable for any civil damages as a result of complying with this section.

Source: Section 400.0234 — Availability of facility records for investigation of resident’s rights violations and defenses; penalty, https://www.­flsenate.­gov/Laws/Statutes/2024/0400.­0234 (accessed Aug. 7, 2025).

400.011
Purpose 400.17
Bribes, kickbacks, certain solicitations prohibited 400.18
Closing of nursing facility 400.19
Right of entry and inspection 400.20
Licensed nursing home administrator required 400.021
Definitions 400.022
Residents’ rights 400.23
Rules 400.023
Civil enforcement 400.024
Failure to satisfy a judgment or settlement agreement 400.25
Educational program authorized 400.33
Legislative intent 400.051
Homes or institutions exempt from the provisions of this part 400.062
License required 400.063
Resident protection 400.071
Application for license 400.102
Action by agency against licensee 400.111
Disclosure of controlling interest 400.118
Quality assurance 400.119
Confidentiality of records and meetings of risk management and quality assurance committees 400.121
Denial, suspension, revocation of license 400.126
Receivership proceedings 400.141
Administration and management of nursing home facilities 400.142
Emergency medication kits 400.143
Institutional formularies established by nursing home facilities 400.145
Copies of records of care and treatment of resident 400.147
Internal risk management and quality assurance program 400.148
Medicaid “Up-or-Out” Quality of Care Contract Management Program 400.151
Contracts 400.162
Property and personal affairs of residents 400.165
Itemized resident billing, form and content prescribed by the agency 400.172
Respite care provided in nursing home facilities 400.175
Patients with Alzheimer’s disease or other related disorders 400.176
Rebates prohibited 400.179
Liability for Medicaid underpayments and overpayments 400.191
Availability, distribution, and posting of reports and records 400.211
Persons employed as nursing assistants 400.215
Personnel screening requirement 400.232
Review and approval of plans 400.0233
Presuit notice 400.0234
Availability of facility records for investigation of resident’s rights violations and defenses 400.0235
Certain provisions not applicable to actions under this part 400.235
Nursing home quality and licensure status 400.0236
Statute of limitations 400.0237
Punitive damages 400.0238
Punitive damages 400.0239
Quality of Long-Term Care Facility Improvement Trust Fund 400.241
Prohibited acts 400.0255
Resident transfer or discharge 400.275
Agency duties 400.332
Funds received not revenues for purpose of Medicaid program 400.334
Activity relating to unions by nursing home employees 400.0625
Minimum standards for clinical laboratory test results and diagnostic X-ray results 400.0712
Application for inactive license 400.1183
Resident grievance procedures 400.1413
Volunteers in nursing homes 400.1415
Patient records 400.1755
Care for persons with Alzheimer’s disease or related disorders

Current through Fall 2025

§ 400.0234. Availability of facility records for investigation of resident’s rights violations & defenses; penalty's source at flsenate​.gov