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Florida Statute 400.022 | Lawyer Caselaw & Research
F.S. 400.022 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XXIX
PUBLIC HEALTH
Chapter 400
NURSING HOMES AND RELATED HEALTH CARE FACILITIES
View Entire Chapter
F.S. 400.022
400.022 Residents’ rights.
(1) All licensees of nursing home facilities shall adopt and make public a statement of the rights and responsibilities of the residents of such facilities and shall treat such residents in accordance with the provisions of that statement. The statement shall assure each resident the following:
(a) The right to civil and religious liberties, including knowledge of available choices and the right to independent personal decision, which will not be infringed upon, and the right to encouragement and assistance from the staff of the facility in the fullest possible exercise of these rights.
(b) The right to private and uncensored communication, including, but not limited to, receiving and sending unopened correspondence, access to a telephone, visiting with any person of the resident’s choice during visiting hours, and overnight visitation outside the facility with family and friends in accordance with facility policies, physician orders, and Title XVIII (Medicare) and Title XIX (Medicaid) of the Social Security Act regulations, without the resident’s losing his or her bed. Facility visiting hours shall be flexible, taking into consideration special circumstances such as, but not limited to, out-of-town visitors and working relatives or friends. Unless otherwise indicated in the resident care plan, the licensee shall, with the consent of the resident and in accordance with policies approved by the agency, permit recognized volunteer groups, representatives of community-based legal, social, mental health, and leisure programs, and members of the clergy access to the facility during visiting hours for the purpose of visiting with and providing services to any resident.
(c) Any entity or individual that provides health, social, legal, or other services to a resident has the right to have reasonable access to the resident. The resident has the right to deny or withdraw consent to access at any time by any entity or individual. Notwithstanding the visiting policy of the facility, the following individuals must be permitted immediate access to the resident:
1. Any representative of the federal or state government, including, but not limited to, representatives of the Department of Children and Families, the Department of Health, the Agency for Health Care Administration, the Office of the Attorney General, and the Department of Elderly Affairs; any law enforcement officer; any representative of the State Long-Term Care Ombudsman Program; and the resident’s individual physician.
2. Subject to the resident’s right to deny or withdraw consent, immediate family or other relatives of the resident.

The facility must allow representatives of the State Long-Term Care Ombudsman Program to examine a resident’s clinical records with the permission of the resident or the resident’s legal representative and consistent with state law.

(d) The right to present grievances on behalf of himself or herself or others to the staff or administrator of the facility, to governmental officials, or to any other person; to recommend changes in policies and services to facility personnel; and to join with other residents or individuals within or outside the facility to work for improvements in resident care, free from restraint, interference, coercion, discrimination, or reprisal. This right includes access to ombudsmen and advocates and the right to be a member of, to be active in, and to associate with advocacy or special interest groups. The right also includes the right to prompt efforts by the facility to resolve resident grievances, including grievances with respect to the behavior of other residents.
(e) The right to organize and participate in resident groups in the facility and the right to have the resident’s family meet in the facility with the families of other residents.
(f) The right to participate in social, religious, and community activities that do not interfere with the rights of other residents.
(g) The right to examine, upon reasonable request, the results of the most recent inspection of the facility conducted by a federal or state agency and any plan of correction in effect with respect to the facility.
(h) The right to manage his or her own financial affairs or to delegate such responsibility to the licensee, but only to the extent of the funds held in trust by the licensee for the resident. A quarterly accounting of any transactions made on behalf of the resident shall be furnished to the resident or the person responsible for the resident. The facility may not require a resident to deposit personal funds with the facility. However, upon written authorization of a resident, the facility must hold, safeguard, manage, and account for the personal funds of the resident deposited with the facility as follows:
1. The facility must establish and maintain a system that ensures a full, complete, and separate accounting, according to generally accepted accounting principles, of each resident’s personal funds entrusted to the facility on the resident’s behalf.
2. The accounting system established and maintained by the facility must preclude any commingling of resident funds with facility funds or with the funds of any person other than another resident.
3. A quarterly accounting of any transaction made on behalf of the resident shall be furnished to the resident or the person responsible for the resident.
4. Upon the death of a resident with personal funds deposited with the facility, the facility must convey within 30 days the resident’s funds, including interest, and a final accounting of those funds, to the individual or probate jurisdiction administering the resident’s estate, or, if a personal representative has not been appointed within 30 days, to the resident’s spouse or adult next of kin named in the beneficiary designation form provided for in s. 400.162(6).
5. The facility may not impose a charge against the personal funds of a resident for any item or service for which payment is made under Title XVIII or Title XIX of the Social Security Act.
(i) The right to be fully informed, in writing and orally, prior to or at the time of admission and during his or her stay, of services available in the facility and of related charges for such services, including any charges for services not covered under Title XVIII or Title XIX of the Social Security Act or not covered by the basic per diem rates and of bed reservation and refund policies of the facility.
(j) The right to be adequately informed of his or her medical condition and proposed treatment, unless the resident is determined to be unable to provide informed consent under Florida law, or the right to be fully informed in advance of any nonemergency changes in care or treatment that may affect the resident’s well-being; and, except with respect to a resident adjudged incompetent, the right to participate in the planning of all medical treatment, including the right to refuse medication and treatment, unless otherwise indicated by the resident’s physician; and to know the consequences of such actions.
(k) The right to refuse medication or treatment and to be informed of the consequences of such decisions, unless determined unable to provide informed consent under state law. When the resident refuses medication or treatment, the nursing home facility must notify the resident or the resident’s legal representative of the consequences of such decision and must document the resident’s decision in his or her medical record. The nursing home facility must continue to provide other services the resident agrees to in accordance with the resident’s care plan.
(l) The right to receive adequate and appropriate health care and protective and support services, including social services; mental health services, if available; planned recreational activities; and therapeutic and rehabilitative services consistent with the resident care plan, with established and recognized practice standards within the community, and with rules as adopted by the agency.
(m) The right to have privacy in treatment and in caring for personal needs; to close room doors and to have facility personnel knock before entering the room, except in the case of an emergency or unless medically contraindicated; and to security in storing and using personal possessions. Privacy of the resident’s body shall be maintained during, but not limited to, toileting, bathing, and other activities of personal hygiene, except as needed for resident safety or assistance. Residents’ personal and medical records shall be confidential and exempt from the provisions of s. 119.07(1).
(n) The right to be treated courteously, fairly, and with the fullest measure of dignity and to receive a written statement and an oral explanation of the services provided by the licensee, including those required to be offered on an as-needed basis.
(o) The right to be free from mental and physical abuse, sexual abuse, neglect, exploitation, corporal punishment, extended involuntary seclusion, and physical and chemical restraints, except those restraints authorized in writing by a physician for a specified and limited period of time or as are necessitated by an emergency. In case of an emergency, restraint may be applied only by a qualified licensed nurse who shall set forth in writing the circumstances requiring the use of restraint, and, in the case of use of a chemical restraint, a physician shall be consulted immediately thereafter. Restraints may not be used in lieu of staff supervision or merely for staff convenience, for punishment, or for reasons other than resident protection or safety. For purposes of this paragraph, the terms “sexual abuse,” “neglect,” and “exploitation” have the same meanings as provided in 42 C.F.R. s. 483.5.
(p) The right to be transferred or discharged only for medical reasons or for the welfare of other residents, and the right to be given reasonable advance notice of no less than 30 days of any involuntary transfer or discharge, except in the case of an emergency as determined by a licensed professional on the staff of the nursing home, or in the case of conflicting rules and regulations which govern Title XVIII or Title XIX of the Social Security Act. For nonpayment of a bill for care received, the resident shall be given 30 days’ advance notice. A licensee certified to provide services under Title XIX of the Social Security Act may not transfer or discharge a resident solely because the source of payment for care changes. Admission to a nursing home facility operated by a licensee certified to provide services under Title XIX of the Social Security Act may not be conditioned upon a waiver of such right, and any document or provision in a document which purports to waive or preclude such right is void and unenforceable. Any licensee certified to provide services under Title XIX of the Social Security Act that obtains or attempts to obtain such a waiver from a resident or potential resident shall be construed to have violated the resident’s rights as established herein and is subject to disciplinary action as provided in subsection (3). The resident and the family or representative of the resident shall be consulted in choosing another facility.
(q) The right to freedom of choice in selecting a personal physician; to obtain pharmaceutical supplies and services from a pharmacy of the resident’s choice, at the resident’s own expense or through Title XIX of the Social Security Act; and to obtain information about, and to participate in, community-based activities programs, unless medically contraindicated as documented by a physician in the resident’s medical record. If a resident chooses to use a community pharmacy and the facility in which the resident resides uses a unit-dose system, the pharmacy selected by the resident shall be one that provides a compatible unit-dose system, provides service delivery, and stocks the drugs normally used by long-term care residents. If a resident chooses to use a community pharmacy and the facility in which the resident resides does not use a unit-dose system, the pharmacy selected by the resident shall be one that provides service delivery and stocks the drugs normally used by long-term care residents.
(r) The right to retain and use personal clothing and possessions as space permits, unless to do so would infringe upon the rights of other residents or unless medically contraindicated as documented in the resident’s medical record by a physician. If clothing is provided to the resident by the licensee, it shall be of reasonable fit.
(s) The right to have copies of the rules and regulations of the facility and an explanation of the responsibility of the resident to obey all reasonable rules and regulations of the facility and to respect the personal rights and private property of the other residents.
(t) The right to receive notice before the room of the resident in the facility is changed.
(u) The right to be informed of the bed reservation policy for a hospitalization. The nursing home shall inform a private-pay resident and his or her responsible party that his or her bed will be reserved for any single hospitalization for a period up to 30 days provided the nursing home receives reimbursement. Any resident who is a recipient of assistance under Title XIX of the Social Security Act, or the resident’s designee or legal representative, shall be informed by the licensee that his or her bed will be reserved for any single hospitalization for the length of time for which Title XIX reimbursement is available, up to 15 days; but that the bed will not be reserved if it is medically determined by the agency that the resident will not need it or will not be able to return to the nursing home, or if the agency determines that the nursing home’s occupancy rate ensures the availability of a bed for the resident. Notice shall be provided within 24 hours of the hospitalization.
(v) For residents of Medicaid or Medicare certified facilities, the right to challenge a decision by the facility to discharge or transfer the resident, as required under 42 C.F.R. s. 483.12.
(2) The licensee for each nursing home shall orally inform the resident of the resident’s rights and provide a copy of the statement required by subsection (1) to each resident or the resident’s legal representative at or before the resident’s admission to a facility. The licensee shall provide a copy of the resident’s rights to each staff member of the facility. Each such licensee shall prepare a written plan and provide appropriate staff training to implement the provisions of this section. The written statement of rights must include a statement that a resident may file a complaint with the agency or state or local ombudsman council. The statement must be in boldfaced type and include the telephone number and e-mail address of the State Long-Term Care Ombudsman Program and the telephone numbers of the local ombudsman council and the Elder Abuse Hotline operated by the Department of Children and Families.
(3) Any violation of the resident’s rights set forth in this section constitutes grounds for action by the agency under s. 400.102, s. 400.121, or part II of chapter 408. In order to determine whether the licensee is adequately protecting residents’ rights, the licensure inspection of the facility must include private informal conversations with a sample of residents to discuss residents’ experiences within the facility with respect to rights specified in this section and general compliance with standards and consultation with the State Long-Term Care Ombudsman Program.
(4) Any person who submits or reports a complaint concerning a suspected violation of the resident’s rights or concerning services or conditions in a facility or who testifies in any administrative or judicial proceeding arising from such complaint shall have immunity from any criminal or civil liability therefor, unless that person has acted in bad faith, with malicious purpose, or if the court finds that there was a complete absence of a justiciable issue of either law or fact raised by the losing party.
History.s. 8, ch. 76-201; s. 1, ch. 77-174; ss. 1, 9, ch. 79-268; ss. 2, 18, ch. 80-186; s. 2, ch. 81-318; ss. 11, 19, ch. 82-148; ss. 5, 79, 83, ch. 83-181; s. 1, ch. 84-144; s. 15, ch. 90-347; s. 30, ch. 93-177; ss. 3, 49, ch. 93-217; s. 764, ch. 95-148; s. 226, ch. 96-406; s. 118, ch. 99-8; s. 5, ch. 99-394; ss. 70, 137, ch. 2000-349; s. 57, ch. 2000-367; s. 33, ch. 2001-62; s. 56, ch. 2007-230; s. 123, ch. 2014-19; s. 43, ch. 2015-2; s. 21, ch. 2015-31; s. 48, ch. 2016-10; s. 1, ch. 2023-307.

F.S. 400.022 on Google Scholar

F.S. 400.022 on Casetext

Amendments to 400.022


Arrestable Offenses / Crimes under Fla. Stat. 400.022
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 400.022.



Annotations, Discussions, Cases:

Cases from cite.case.law:

F. JOHNSON, BY AND THROUGH E. JOHNSON, v. HEARTLAND OF FORT MYERS FL, LLC HCR III LLC HCR, 257 So. 3d 634 (Fla. App. Ct. 2018)

. . . arbitration agreement that substantially diminishes or circumvents [the remedies set forth in sections 400.022 . . . Count one alleged negligence, in violation of section 400.022, Florida Statutes (2016) ; count two alleged . . .

NORTHPORT HEALTH SERVICES OF FLORIDA, LLC d b a v. LOUIS,, 240 So. 3d 120 (Fla. App. Ct. 2018)

. . . The Act is codified at sections 400.022-.0238, Florida Statutes. . . .

FI- POMPANO REHAB, LLC d b a v. IRVING,, 221 So. 3d 781 (Fla. Dist. Ct. App. 2017)

. . . cases, the violating provisions were deemed to erode access to statutory remedies provided in sections 400.022 . . .

ROCKLEDGE NH, LLC, D. v. MILEY, BY AND THROUGH, W. MILEY,, 219 So. 3d 246 (Fla. Dist. Ct. App. 2017)

. . . complaint included a count for violation of Florida’s Nursing Home Residential Rights Act, sections 400.022 . . .

HOCHBAUM, HOCHBAUM, v. PALM GARDEN OF WINTER HAVEN, LLC LLC LLC II, LLC LLC HC LLC a k a LLC, 201 So. 3d 218 (Fla. Dist. Ct. App. 2016)

. . . Count one alleged negligence in violation of section 400.022, Florida Statutes (2013), count two alleged . . .

FLORIDA HOLDINGS III, LLC LLC T. v. M. DUERST, L. DUERST,, 198 So. 3d 834 (Fla. Dist. Ct. App. 2016)

. . . in the trial court alleging violations of her mother’s nursing home resident’s rights under sections 400.022 . . .

GREENBROOK NH, LLC K. E. As v. ESTATE OF M. SAYRE, M. RAYMOND,, 150 So. 3d 878 (Fla. Dist. Ct. App. 2014)

. . . See §§ 400.022-.023, Fla. Stat. (2010) (addressing residents’ rights and civil enforcement). . . .

BANK OF AMERICA CORPORATION, v. VALLADARES,, 141 So. 3d 714 (Fla. Dist. Ct. App. 2014)

. . . . § 400.022(4), Fla. Stat. (2013). . . .

FI- TAMPA, LLC LLC, n k a LLC LLC, n k a LLC v. T. KELLY- HALL, M., 135 So. 3d 563 (Fla. Dist. Ct. App. 2014)

. . . On its face, this eroded access to specific statutory remedies provided by sections 400.022 and 400.023 . . .

SOVEREIGN HEALTHCARE OF PORT ST. LUCIE, LLC, a d b a LLC, a LLC, a A v. FERNANDES,, 132 So. 3d 855 (Fla. Dist. Ct. App. 2013)

. . . I, section 23, as well as § 400.022(l)(m), Fla. . . .

FI- EVERGREEN WOODS, LLC, v. ESTATE OF A. VRASTIL,, 118 So. 3d 859 (Fla. Dist. Ct. App. 2013)

. . . were against public policy because they eroded access to the specific remedies provided by sections 400.022 . . .

LAIZURE, v. AVANTE AT LEESBURG, INC., 109 So. 3d 752 (Fla. 2013)

. . . . § 400.022, Fla. Stat. (2008). . . . that provides for a cause of action for negligence or a violation of the rights set forth in section 400.022 . . . death of a nursing home resident arising out of negligence or a violation of rights specified in s. 400.022 . . . This section does not preclude theories of recovery not arising out of negligence or s. 400.022 which . . .

PIERROT, v. OSCEOLA MENTAL HEALTH, INC., 106 So. 3d 491 (Fla. Dist. Ct. App. 2013)

. . . sued a nursing home, alleging a claim for violation of nursing home residents’ rights under section 400.022 . . . The relevant portion of section 400.022 gave residents [t]he right to receive adequate and appropriate . . . and recognized practice standards within the community, and with rules as adopted by the agency. § 400.022 . . . Although there may be some overlap between the [section 400.022(1)(£) ] statutory right to “receive adequate . . . compels this court to read that statute in an expansive manner to include claims filed under section 400.022 . . .

ESTATE OF DERESH, SCHNEIDER, v. FS TENANT POOL III TRUST, FS FGI I a k a CCC I a k a, 95 So. 3d 296 (Fla. Dist. Ct. App. 2012)

. . . provisions “directly un-derminted] specific statutory remedies created by the Legislature,” sections 400.022 . . . The resident’s bill of rights articulated in section 400.022 was backed up by the remedies, including . . .

BENJAMIN, v. TANDEM HEALTHCARE, INC. a d b a a, 93 So. 3d 1076 (Fla. Dist. Ct. App. 2012)

. . . wrongful death alleging negligence and violation of a nursing home resident’s rights under sections 400.022 . . .

KAUFMAN, YELNICK, v. FS TENANT POOL III TRUST, a d b a, 87 So. 3d 1228 (Fla. Dist. Ct. App. 2012)

. . . Specifically, Kaufman alleged violations of sections 400.022(1), (2)(n), and (2)(o), Florida Statutes . . .

KISSIMMEE HEALTH CARE ASSOCIATES, v. GARCIA,, 76 So. 3d 1107 (Fla. Dist. Ct. App. 2011)

. . . The complaint alleged violations of Florida’s nursing home residents’ rights under sections 400.022-.023 . . .

SHOTTS, v. OP WINTER HAVEN, INC., 86 So. 3d 456 (Fla. 2011)

. . . See §§ 400.022, 400.023, Fla. Stat. (2003). . . . The “Residents Rights” provisions in section 400.022 were enacted in 1980 to respond to a Dade County . . . See §§ 400.022, 400.028, Fla. Stat. (2008). . . . Manor Care, Inc., 861 So.2d 59 (Fla. 4th DCA 2003), explained succinctly: Sections 400.022 and 400.023 . . . The Nursing Home Resident’s Rights Act, section 400.022, was originally enacted after a Dade County Grand . . .

I. GESSA, v. MANOR CARE OF FLORIDA, INC., 86 So. 3d 484 (Fla. 2011)

. . . including, without limitation, claims for medical negligence or violation(s) of Florida Statutes §§ 400.022 . . . See §§ 400.022, 400.023, Fla. Stat. (2003). . . . Manor Care, Inc., 861 So.2d 59 (Fla. 4th DCA 2003), explained succinctly: Sections 400.022 and 400.023 . . . The Nursing Home Resident’s Rights Act, section 400.022, was originally enacted after a Dade County Grand . . . theories or other legal theories (including, without limitation, any claim based on Florida Statutes §§ 400.022 . . .

W. FRANK WELLS NURSING HOME, v. STATE AGENCY FOR HEALTH CARE ADMINISTRATION,, 75 So. 3d 328 (Fla. Dist. Ct. App. 2011)

. . . . §§ 400.022 & 400.0255, Fla. Stat. . . .

STATE v. SHUKITIS,, 60 So. 3d 406 (Fla. Dist. Ct. App. 2010)

. . . (hospitals); §§ 400.0077 & 400.022(l)(m), Fla. Stat. (nursing homes); and § 456.057(7), Fla. Stat. . . .

STATE v. TAMULONIS,, 39 So. 3d 524 (Fla. Dist. Ct. App. 2010)

. . . (hospitals); §§ 400.0077 & 400.022(l)(m), Fla. Stat. (nursing homes); and § 456.057(7), Fla. Stat. . . .

DELTA HEALTH GROUP, INC. d b a v. ESTATE OF G. COLLINS, T., 36 So. 3d 711 (Fla. Dist. Ct. App. 2010)

. . . asserts in its petition that the trial court’s order departs from the essential requirements of section 400.022 . . . Statutes, which provides that nursing home residents’ “personal and medical records” are confidential. § 400.022 . . .

ESTATE OF MURRAY, Sr. L. MURRAY, Sr. v. DELTA HEALTH GROUP, INC. P., 30 So. 3d 576 (Fla. Dist. Ct. App. 2010)

. . . Murray’s nursing home residents’ rights under section 400.022, Florida Statutes (2002), as well as negligence . . .

STATE v. L. CARTER,, 23 So. 3d 798 (Fla. Dist. Ct. App. 2009)

. . . (hospitals); §§ 400.0077 & 400.022(l)(m), Fla. Stat. (nursing homes); and § 456.057(7), Fla. Stat. . . .

CANDANSK, LLC, a k a LLC, d b a LLC ACMH- CNH, J. a k a St. LLC LLC a k a A. A. a k a a k a a k a a k a J. a k a f k a LLC, d b a a k a a k a f k a v. ESTATE OF HICKS, BROWNRIDGE,, 25 So. 3d 580 (Fla. Dist. Ct. App. 2009)

. . . Hicks’ rights as a resident under section 400.022, Florida Statutes (2007). . . .

MANORCARE HEALTH SERVICES, INC. v. STIEHL, C., 22 So. 3d 96 (Fla. Dist. Ct. App. 2009)

. . . See §§ 400.022, .023, Fla. Stat. (2005). . . . theories or other legal theories (including, without limitation, any claim based on Florida Statutes §§ 400.022 . . . actually being used to eliminate substantive rights and remedies created by the Legislature in sections 400.022 . . . theories or other legal theories (including, without limitation, any claim based on Florida Statutes §§ 400.022 . . . including, without limitation, claims for medical negligence or violation(s) of Florida Statutes § 400.022 . . .

WESTMINSTER COMMUNITY CARE SERVICES, INC. ETC. v. MIKESELL,, 12 So. 3d 838 (Fla. Dist. Ct. App. 2009)

. . . Mikesell’s nursing home resident rights set forth in section 400.022, Florida Statutes (2001). . . .

BENJAMIN, v. TANDEM HEALTHCARE, INC., 998 So. 2d 566 (Fla. 2008)

. . . See § 400.022, Fla. Stat. (2004) (“Residents’ rights”). . . .

JAYLENE, INC. LLC U. F. v. A. MOOTS, A. ACMC- CNH,, 995 So. 2d 566 (Fla. Dist. Ct. App. 2008)

. . . defendants below, including claims that Jaylene had violated the rights of the decedent under section 400.022 . . .

SCHEIBLE, v. JOSEPH L. MORSE GERIATRIC CENTER, INC. H. M. D. H. M. D. P. A., 988 So. 2d 1130 (Fla. Dist. Ct. App. 2008)

. . . act, common law intentional battery, and violation of the Nursing Home Resident’s Rights Act (section 400.022 . . . right to refuse care that result in death; (3) it renders the NHRRA right to refuse care of section 400.022 . . .

L. WOEBSE, v. HEALTH CARE AND RETIREMENT CORPORATION OF AMERICA,, 977 So. 2d 630 (Fla. Dist. Ct. App. 2008)

. . . theories or other legal theories (including, without limitation, any claim based on Florida Statutes §§ 400.022 . . . including, without limitation, claims for medical negligence or violation(s) of Florida Statutes § 400.022 . . .

AVANTE VILLA AT JACKSONVILLE BEACH, INC. d b a v. BREIDERT, E., 958 So. 2d 1031 (Fla. Dist. Ct. App. 2007)

. . . The complaint alleged that Avante violated the patients’ resident rights guaranteed by section 400.022 . . .

ESTATE OF B. JONES, v. MARINER HEALTH CARE OF DELAND, INC., 955 So. 2d 43 (Fla. Dist. Ct. App. 2007)

. . . The “Residents Rights” provisions in section 400.022 were enacted in 1980 to respond to a Dade County . . .

ARCH PLAZA, INC. v. PERPALL,, 947 So. 2d 476 (Fla. Dist. Ct. App. 2006)

. . . certified mail; return receipt requested, of an asserted violation of a resident’s rights provided in s. 400.022 . . . certified mail, return receipt requested, of an asserted violation of a resident’s rights provided in s. 400.022 . . .

F. MERKLE, M. D. P. A. v. HEALTH OPTIONS, INC., 940 So. 2d 1190 (Fla. Dist. Ct. App. 2006)

. . . Villazon, 843 So.2d at 852 (citing § 400.022(1)(Z), Fla. Stat. (1997); § 400.023(1), Fla. . . .

ALTERRA HEALTHCARE CORPORATION v. L. BRYANT, R. Sr., 937 So. 2d 263 (Fla. Dist. Ct. App. 2006)

. . . In Romano, this court found that the Nursing Home Resident’s Rights Act (NHRA), sections 400.022 and . . .

RESOURCE HEALTHCARE OF AMERICA, INC. f k a RHA v. McKINNEY, RHA HP L. P. HP, 940 So. 2d 1139 (Fla. Dist. Ct. App. 2006)

. . . Healthcare has not and has never been the licensee or manager of Glen Oaks Health Care, pursuant to § 400.022 . . .

SA- PG- OCALA, LLC, v. STOKES,, 935 So. 2d 1242 (Fla. Dist. Ct. App. 2006)

. . . . §§ 400.022-400.023, Fla. Stat. (2001). . . .

ESTATE OF GITHENS, SEAMAN, v. BON SECOURS- MARIA MANOR NURSING CARE CENTER, INC. d b a a, 928 So. 2d 1272 (Fla. Dist. Ct. App. 2006)

. . . The Estate brought this action pursuant to the nursing home residents’ rights statute, section 400.022 . . .

L. BLAND, COKER, v. HEALTH CARE AND RETIREMENT CORPORATION OF AMERICA, d b a, 927 So. 2d 252 (Fla. Dist. Ct. App. 2006)

. . . . §§ 400.022, - .023, Fla. Stat. (2001). . . . theories or other legal theories (including, without limitation, any claim based on Florida Statutes §§ 400.022 . . . including, without limitation, claims for medical negligence or violation(s) of Florida Statutes §§ 400.022 . . .

PRIETO, v. HEALTHCARE AND RETIREMENT CORPORATION OF AMERICA,, 919 So. 2d 531 (Fla. Dist. Ct. App. 2005)

. . . As the Romano court stated: “Sections 400.022 and 400.023 are remedial statutes, designed to protect . . . The Nursing Home Resident’s Rights Act, section 400.022, was originally enacted after a Dade County Grand . . . See § 400.022(1). . . .

TAMPA MEDICAL ASSOCIATES, INC. v. ESTATE OF CRAIG, E., 915 So. 2d 660 (Fla. Dist. Ct. App. 2005)

. . . Section 400.022, Florida Statutes (2000), guarantees residents of nursing home facilities numerous rights . . .

BLANKFELD, v. RICHMOND HEALTH CARE, INC. d b a, 902 So. 2d 296 (Fla. Dist. Ct. App. 2005)

. . . representative, maintained it, asserting that Sunrise had violated Riva’s statutory rights under section 400.022 . . . The “Residents Rights” provisions in section 400.022 were enacted in 1980 to respond to a Dade County . . .

ESTATE OF DESPAIN, v. AVANTE GROUP, INC., 900 So. 2d 637 (Fla. Dist. Ct. App. 2005)

. . . compensatory damages for violation of the decedent’s rights, as a nursing home resident under section 400.022 . . . The Basic Standard A resident who has a cause of action against a nursing home undér section 400.022, . . .

TANDEM HEALTH CARE OF ST. PETERSBURG, INC. a v. WHITNEY, I., 897 So. 2d 531 (Fla. Dist. Ct. App. 2005)

. . . Mugridge’s rights as a nursing home resident pursuant to section 400.022, Florida Statutes (2001), and . . .

H. GERMANN, A. v. AGE INSTITUTE OF FLORIDA, INC. LLC, LLC, LLC, G., 912 So. 2d 590 (Fla. Dist. Ct. App. 2005)

. . . fiduciary duty, and deprivations of the statutory rights of a nursing home resident provided by sections 400.022 . . .

KNOWLES, v. BEVERLY ENTERPRISES- FLORIDA, INC., 898 So. 2d 1 (Fla. 2004)

. . . RESIDENT OF A NURSING HOME FOR ALLEGED INFRINGEMENT OF THE RESIDENT’S STATUTORY RIGHTS PROVIDED BY SECTION 400.022 . . . (l)(a), the right to organize and participate in groups in the facility, see § 400.022(l)(e), and the . . . right to manage one’s personal affairs, see § 400.022(l)(h) to name a few. . . . The resident also has the right to adequate medical care and proper treatment, see § 400.022(1)(Z) and . . . First, subsection 400.022(1)(h)(4) does not become effective until the resident dies. . . . The Residents’ Bill of Rights detailed in section 400.022, as well as the civil enforcement provision . . . statute preserved all causes of action for nonlethal violations of nursing home residents’ section 400.022 . . . Recognizing that care providers had begun asserting the defense that violations of section 400.022 could . . . designed and intended to clarify the existence of a civil cause of action for violations of section 400.022 . . . Stat. § 400.022] are deprived or infringed upon shall have a cause of action against any licensee responsible . . .

R. FASSY, M. D. P. A. v. P. CROWLEY,, 884 So. 2d 359 (Fla. Dist. Ct. App. 2004)

. . . explained that the Nursing Home Act created a “right to receive adequate and appropriate health care,” § 400.022 . . . and recognized practice standards within the community, and with rules as adopted by the agency,” § 400.022 . . . of chapter 766 did not apply to a lawsuit seeking to enforce only those rights enumerated in section 400.022 . . .

MARINER HEALTH CARE OF METROWEST, INC. v. BEST,, 879 So. 2d 65 (Fla. Dist. Ct. App. 2004)

. . . an action against Mariner, asserting a violation of a nursing home resident’s rights under section 400.022 . . .

ESTATE OF VAZQUEZ, v. AVANTE GROUPS, INC., 880 So. 2d 723 (Fla. Dist. Ct. App. 2004)

. . . shortly after the estate filed this lawsuit, the Legislature clarified its intent in enacting section 400.022 . . . when it amended section 400.023(2) to provide that a violation of section 400.022, Florida Statutes, . . . A violation of the rights set forth in section 400.022 or in any other standard or guidelines specified . . .

FIVE POINTS HEALTH CARE, LTD. d b a a v. ALBERTS,, 867 So. 2d 520 (Fla. Dist. Ct. App. 2004)

. . . Alberts’ rights as a nursing home resident under sections 400.022 and 400.023, Florida Statutes. . . . Section 400.022(2) requires that a written statement of a patient’s rights be provided “to each resident . . . From this we must conclude that the statutory rights enumerated in section 400.022 arise only as a result . . . The statutory duties under section 400.022 arose because of Mr. . . . Alberts, thus resulting in his injury, in violation of section 400.022. . . .

ESTATE OF YOUNGBLOOD, v. HALIFAX CONVALESCENT CENTER, LTD., 874 So. 2d 596 (Fla. Dist. Ct. App. 2004)

. . . have determined that many of the Chapter 400 rights of nursing home residents spelled out in section 400.022 . . . justifications, and loss of personal property, which are among the other rights provided in Chapter 400.022 . . .

ROMANO, ROMANO, Sr. v. MANOR CARE, INC., 861 So. 2d 59 (Fla. Dist. Ct. App. 2003)

. . . against Manor Care, the nursing home, for deprivation of the resident’s rights as set forth in sections 400.022 . . . health care and protective services, constituting a deprivation of her rights pursuant to sections 400.022 . . . Sections 400.022 and 400.023 are remedial statutes, designed to protect nursing home residents. . . . The Nursing Home Resident’s Rights Act, section 400.022, was originally enacted after a Dade County Grand . . . See § 400.022(1). . . .

GAINESVILLE HEALTH CARE CENTER, INC. d b a v. WESTON,, 857 So. 2d 278 (Fla. Dist. Ct. App. 2003)

. . . action against appellant, asserting claims based on negligence, wrongful death and violation of section 400.022 . . . punitive damages pursuant to the claim for violation of the nursing home residents’ bill of rights (§ 400.022 . . . Appellee’s claim for a violation of the nursing home residents’ bill of rights (§ 400.022) is controlled . . .

BROOKWOOD- WALTON COUNTY CONVALESCENT CENTER v. AGENCY FOR HEALTH CARE ADMINISTRATION,, 845 So. 2d 223 (Fla. Dist. Ct. App. 2003)

. . . crisis is due partly from increased civil litigation brought against nursing homes pursuant to sections 400.022 . . .

VILLAZON, v. PRUDENTIAL HEALTH CARE PLAN, INC., 843 So. 2d 842 (Fla. 2003)

. . . legislature created a nursing home resident’s “right to receive adequate and appropriate health care,” see § 400.022 . . .

FLORIDA CONVALESCENT CENTERS, v. SOMBERG,, 840 So. 2d 998 (Fla. 2003)

. . . . § 400.022(1)(l), Fla. Stat (1997). . . . . Section 400.022 expressly sets out a nursing home resident’s statutory rights, which include, in part . . . Section 400.022, Florida Statutes, contains a list of nursing home patients' rights, copies of which . . .

INTEGRATED HEALTH CARE SERVICES, INC. v. LANG- REDWAY,, 840 So. 2d 974 (Fla. 2002)

. . . importance: If a plaintiff files a lawsuit seeking to enforce only those rights enumerated in section 400.022 . . . The complaint specifically stated that it was founded on duties imposed by section 400.022. . . . Redway’s rights as a nursing home resident exclusively under section 400.022. . . . . § 400.022(1)(l), Fla. Stat. (1997) (emphasis added). . . . See § 400.022(l)(f), Fla. . . .

ST. ANGELO, v. HEALTHCARE AND RETIREMENT CORPORATION OF AMERICA, d b a, 824 So. 2d 997 (Fla. Dist. Ct. App. 2002)

. . . alleged a violation of any of the statutory rights guaranteed to nursing home residents under section 400.022 . . . Section 400.022(1), Florida Statutes (1997), establishes statutory rights for nursing home residents. . . . See § 400.022(l)(O- Section 400.023, Florida Statutes (1997), provides that, (1) Any resident whose rights . . . Appellant has sufficiently alleged violations of rights which are guaranteed him under section 400.022 . . .

THOMPSON, v. KINDRED NURSING CENTERS EAST, LLC, CARROLLWOOD CARE CENTER,, 211 F. Supp. 2d 1345 (M.D. Fla. 2002)

. . . . § 400.022 and § 400.023. [Docket No. 10]. . . . Stat. § 400.022 and § 400.023 arising out of the death of Lois Snellenberger while a resident at the . . . Stat. § 400.022 under common-law negligence and statutory claims pursuant to Fla. . . . Stat. § 400.022 regardless of whether the violations caused the resident’s death. Greenfield v. . . . Stat. § 400.022.. .by acts or omissions of defendant[.]” [Docket No. 7 ¶ 17, 20]. . . .

ESTATE OF BLANCHARD, BLANCHARD v. CENTRAL PARK LODGES TARPON SPRINGS INC. d b a IHS N. H. A. N. H. A. R. D. C. D. M. R. N. R. N. R. N. R. N., 805 So. 2d 6 (Fla. Dist. Ct. App. 2001)

. . . William Householder in the Estate’s lawsuit for negligence, wrongful death, and violation of section 400.022 . . .

L. PRESTON, v. HEALTH CARE AND RETIREMENT CORPORATION OF AMERICA, a, 785 So. 2d 570 (Fla. Dist. Ct. App. 2001)

. . . Claimants alleging a deprivation or infringement of adequate and appropriate health care pursuant to s. 400.022 . . . Here, the nursing home statute creates a “right to receive adequate and appropriate health care,” § 400.022 . . .

DELTA HEALTH GROUP, INC. v. WILLIAMS,, 780 So. 2d 337 (Fla. Dist. Ct. App. 2001)

. . . Jackson was denied his resident’s rights under section 400.022, Florida Statutes (2000), and consequently . . . We would note, however, that section 400.022(l)(m), Florida Statutes, creates a zone of personal privacy . . .

SOMBERG, v. FLORIDA CONVALESCENT CENTERS, INC. d b a, 779 So. 2d 667 (Fla. Dist. Ct. App. 2001)

. . . The nursing home statute creates a “right to receive adequate and appropriate health care,” § 400.022 . . .

INTEGRATED HEALTH CARE SERVICES, INC. St. a k a a k a v. LANG- REDWAY, W., 783 So. 2d 1108 (Fla. Dist. Ct. App. 2001)

. . . The petitioners, defendants in an action filed pursuant to section 400.022, Florida Statutes (1997), . . . . 2d DCA 1991), we hold that a plaintiff who chooses to allege only a statutory claim under section 400.022 . . . Compare § 400.022(l)(i), Fla. Stat. (1997), with § 766.102(1), Fla. Stat. (1997). . . . Redway’s rights as a nursing home resident exclusively under section 400.022. . . . TO ENFORCE ONLY THOSE RIGHTS ENUMERATED IN SECTION 400.022, MUST THE PLAINTIFF COMPLY WITH THE PRESUIT . . .

NATIONAL HEALTHCORP LIMITED PARTNERSHIP, v. CLOSE, F., 787 So. 2d 22 (Fla. Dist. Ct. App. 2001)

. . . plaintiffs case focused primarily on alleged violations of the protections afforded patients under section 400.022 . . .

BEVERLY HEALTH AND REHABILITATION SERVICES, INC. v. A. MEEKS,, 778 So. 2d 322 (Fla. Dist. Ct. App. 2000)

. . . It alleges that the Cambridge Convalescent Center violated various rights enumerated in section 400.022 . . .

BEVERLY ENTERPRISES- FLORIDA, INC. d b a d b a v. KNOWLES,, 763 So. 2d 1285 (Fla. Dist. Ct. App. 2000)

. . . RESIDENT OF A NURSING HOME FOR ALLEGED INFRINGEMENT OF THE RESIDENT’S STATUTORY RIGHTS PROVIDED BY SECTION 400.022 . . .

BEVERLY ENTERPRISES- FLORIDA, INC. v. L. DEUTSCH,, 765 So. 2d 778 (Fla. Dist. Ct. App. 2000)

. . . It also points to section 400.022(m), Florida Statutes, which guarantees a resident of nursing homes . . . Section 400.022(m), Florida Statutes, guarantees: The right to have privacy in treatment and in caring . . . B.J. 11 (Feb.1989) (listing patients’ rights, under § 400.022, including the right to privacy). . . .

BEVERLY ENTERPRISES- FLORIDA, INC. d b a d b a v. KNOWLES,, 766 So. 2d 335 (Fla. Dist. Ct. App. 2000)

. . . Gladstone Knowles, sued Washington Manor for violation of the Patient’s Bill of Rights under sections 400.022 . . . Section 400.022 furnishes a detailed listing of “[rjesidents’ rights.” . . . (l)(a), the right to organize and participate in groups in the facility, see § 400.022(l)(e), and the . . . right to manage one’s personal affairs, see § 400.022(l)(h) to name a few. . . . The resident also has the right to adequate medical care and proper treatment, see § 400.022(l)(i) and . . .

BEVERLY ENTERPRISES- FLORIDA, INC. d b a d b a v. McVEY, A., 739 So. 2d 646 (Fla. Dist. Ct. App. 1999)

. . . Beverly also challenges the constitutionality of section 400.022, Florida Statutes (1993), and asserts . . . Section 400.022 also includes terms such as “adequate and appropriate health care” and the right to be . . . Beverly next challenges section 400.022 as an unconstitutional delegation of legislative authority to . . . It is this principle which we deem controlling as to section 400.022(1)(Z). . . . We determine that section 400.022(l)(i) is not an unlawful delegation of legislative authority. . . .

FIRST HEALTHCARE CORPORATION d b a v. E. HAMILTON, L., 740 So. 2d 1189 (Fla. Dist. Ct. App. 1999)

. . . The statutory claims were that First Healthcare violated section 400.022, Florida Statutes (1995), by . . .

NATIONAL HEALTHCORP LIMITED PARTNERSHIP, v. F. CASCIO,, 725 So. 2d 1190 (Fla. Dist. Ct. App. 1998)

. . . for violations of the statutory protections provided to nursing home residents pursuant to section 400.022 . . . The statutory rights enumerated in section 400.022 are quite wide-ranging. Mr. . . .

BEVERLY HEALTH AND REHABILITATION SERVICES, INC. f k a d b a v. T. FREEMAN, By G. FREEMAN, G., 709 So. 2d 549 (Fla. Dist. Ct. App. 1998)

. . . Those rights, enumerated in section 400.022, Florida Statutes (1993), are extensive and diverse. . . . .” § 400.022(l)(n), Fla. Stat. (1993). One of the issues presented to the jury in Mr. . . . Because the various rights under section 400.022 were not individually identified on the verdict form . . .

L. GREENFIELD, v. MANOR CARE, INC. d b a, 705 So. 2d 926 (Fla. Dist. Ct. App. 1997)

. . . The rights protected under section 400.022 are rights that are largely personal to the resident of the . . . facility, such as the right to religious liberty, see § 400.022(1)(a), the right to organize and participate . . . in groups in the facility, see § 400.022(1)(e), and the right to manage one’s personal affairs, see . . . § 400.022(1)(h) to name a few. . . . The resident also has the right to adequate medical care and proper treatment, see § 400.022(1)(0 and . . . nursing care; count VI, breach of fiduciary duty; count VII, violations of Florida Statutes sections 400.022 . . . COUNT VII VIOLATIONS OF FLORIDA STATUTES SECTIONS 400.022 AND 400.165 Appellant’s count VII was brought . . . In this count, appellant alleged that Manor Care violated section 400.022(1)(e), Florida Statutes (1993 . . . right to bring a legal action to enforce those rights which are specifically enumerated in section 400.022 . . . not covered by the basic per diem rates and of bed reservation and refund policies of the facility. § 400.022 . . .

BEVERLY ENTERPRISES- FLORIDA, INC. d b a v. W. SPILMAN, M., 661 So. 2d 867 (Fla. Dist. Ct. App. 1995)

. . . Section 400.022, Florida Statutes (1991), sets forth the specific rights of nursing home residents. . . .

REYNOSO, v. GREYNOLDS PARK MANOR, INC. a, 659 So. 2d 1156 (Fla. Dist. Ct. App. 1995)

. . . ward suffered personal injury while in the care of defendant nursing home, in violation of section 400.022 . . .

GARCIA, v. BROOKWOOD EXTENDED CARE CENTER OF HOMESTEAD,, 643 So. 2d 715 (Fla. Dist. Ct. App. 1994)

. . . acting as her next friend, sued Brookwood on her behalf for negligence and for violation of section 400.022 . . .

In SENIOR CARE PROPERTIES, INC., 161 B.R. 294 (Bankr. N.D. Fla. 1993)

. . . makes clear that any cause of action arising from a violation of the rights afforded patients under § 400.022 . . .

KEY WEST CONVALESCENT CENTER, INC. v. DOHERTY,, 619 So. 2d 367 (Fla. Dist. Ct. App. 1993)

. . . Inc., and Care Management, Inc., are defendants in an action based on alleged violations of section 400.022 . . . opined that the Petitioners had failed to provide adequate nursing home care as required by section 400.022 . . . The trial court granted the motion and found that under section 400.022 a claim for punitive damages . . . section 400.023 should be interpreted to allow recovery of punitive damages for any violation of section 400.022 . . . punitive damages for any deprivation or infringement on the rights of a resident” provided for in section 400.022 . . .

MANOR CARE OF DUNEDIN, INC. d b a v. KEISER,, 611 So. 2d 1305 (Fla. Dist. Ct. App. 1992)

. . . . § 400.022 and 400.023, Fla.Stat. (1991). . . . . However, nursing home residents’ medical records are also afforded privileged status by § 400.022(l)( . . .

NME PROPERTIES, INC. d b a v. E. McCULLOUGH,, 590 So. 2d 439 (Fla. Dist. Ct. App. 1991)

. . . Count I of the complaint alleges simple negligence, and count II alleges a violation of section 400.022 . . .

UNICARE HEALTH FACILITIES, INC. v. M. MORT,, 553 So. 2d 159 (Fla. 1989)

. . . , punitive damages, costs, and attorney’s fees, based upon Uni-care’s alleged violation of sections 400.022 . . . provides in pertinent part that [a]ny plaintiff who prevails in any such action [for violation of section 400.022 . . . contends, he prevailed on count three and is eligible to recover attorney’s fees pursuant to sections 400.022 . . . ’s fees, we need not determine whether Hoak was a “prevailing party” within the meaning of sections 400.022 . . . Section 400.022, Florida Statutes (1983), provides a series of rights for residents of licensed nursing . . .

M. MORT, v. UNICARE HEALTH FACILITIES, INC. d b a, 537 So. 2d 203 (Fla. Dist. Ct. App. 1989)

. . . attorneys fees and costs based upon appellee’s violation of appellant’s rights guaranteed under sections 400.022 . . . that a nursing home resident may maintain a cause of action to enforce rights guaranteed under section 400.022 . . .

E. TRUESDELL, v. PROCTOR, M. D. d b a, 443 So. 2d 107 (Fla. Dist. Ct. App. 1983)

. . . Appellant now asserts that the breach of contract stemmed from a failure to comply with Section 400.022 . . . of contract did not rest on this basis and the possibility of breach by noncompliance with Section 400.022 . . .