Fla. Stat. 400.18
Closing of nursing facility


(1)

In addition to the requirements of part II of chapter 408, the licensee also shall inform each resident or the next of kin, legal representative, or agency acting on behalf of the resident of the fact, and the proposed time, of discontinuance of operation and give at least 90 days’ notice so that suitable arrangements may be made for the transfer and care of the resident. In the event any resident has no such person to represent him or her, the licensee shall be responsible for securing a suitable transfer of the resident before the discontinuance of operation. The agency shall be responsible for arranging for the transfer of those residents requiring transfer who are receiving assistance under the Medicaid program.

(2)

A representative of the agency shall be placed in a facility 30 days before the voluntary discontinuance of operation, or immediately upon the determination by the agency that the licensee is discontinuing operation or that existing conditions or practices represent an immediate danger to the health, safety, or security of the residents in the facility, to:Monitor the transfer of residents to other facilities.Ensure that the rights of residents are protected.Observe the operation of the facility.Assist the management of the facility by advising the management on compliance with state and federal laws and rules.Recommend further action by the agency.

(a)

Monitor the transfer of residents to other facilities.

(b)

Ensure that the rights of residents are protected.

(c)

Observe the operation of the facility.

(d)

Assist the management of the facility by advising the management on compliance with state and federal laws and rules.

(e)

Recommend further action by the agency.

(3)

The agency shall discontinue the monitoring of a facility pursuant to subsection (2) when:All residents in the facility have been relocated; orThe agency determines that the conditions which gave rise to the placement of a representative of the agency in the facility no longer exist and the agency is reasonably assured that those conditions will not recur.

(a)

All residents in the facility have been relocated; or

(b)

The agency determines that the conditions which gave rise to the placement of a representative of the agency in the facility no longer exist and the agency is reasonably assured that those conditions will not recur.

Source: Section 400.18 — Closing of nursing facility, https://www.­flsenate.­gov/Laws/Statutes/2024/0400.­18 (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

§ 400.18. Closing of nursing facility's source at flsenate​.gov