Memory care services license.

An assisted living facility that serves one or more memory care residents, or that advertises or otherwise holds itself out as providing memory care services, must obtain a memory care services license pursuant to subsection (3) or subsection (4), as applicable. A facility is not required to obtain a memory care services license if the facility solely provides supportive services, as defined in s. 429.02, for residents with Alzheimer’s disease and related dementias which are optional and available to all residents of the facility so long as the facility complies with agency rules on advertising pursuant to paragraph (2)(h).

(1) To obtain a memory care services license, an assisted living facility must maintain a standard assisted living facility license and meet any additional minimum requirements adopted by rule. A memory care services license must be renewed at the same time as the facility’s standard license.

(2) By June 1, 2027, the agency shall adopt rules to provide minimum standards for memory care services licenses. Such rules must include, but are not limited to:

(a) Policies and procedures for providing memory care services.

(b) Standardized admittance criteria for memory care residents.

(c) The minimum level of care, services, and activities that must be provided to memory care residents.

(d) Minimum training requirements for staff at a facility with a memory care services license, which must meet or exceed training requirements established in s. 430.5025.

(e) Safety requirements specific to memory care residents, including, but not limited to, requiring a memory care services licensee to maintain at least one awake staff member to be on duty at all hours.

(f) Physical plant requirements for a facility, or parts of a facility as specified by the licensee, serving memory care residents.

(g) Requirements for contracts with memory care residents which, in addition to the requirements established by s. 429.24, must require a memory care services licensee to specify the memory care services that will be provided to the memory care resident.

(h) Specified terms or terminologies that a facility may not use in its advertising without obtaining a memory care services license. Such terms include, but are not limited to, memory care, memory care facility, memory care services, memory care residents, dementia care, dementia care facility, Alzheimer’s care, and Alzheimer’s care facility. A facility that is not licensed to provide memory care services may advertise the supportive services, as defined in s. 429.02, it provides for persons with Alzheimer’s disease and related dementias so long as such advertisements do not use any terms or terminology prohibited by the agency’s rules pursuant to this subsection, such advertisements do not make any claim that the facility provides memory care services, and the facility maintains a copy of such advertisements in its records. The agency shall examine all such advertisements in the facility’s records as part of its licensure renewal procedure.

(i) Requirements that a facility must meet to continue to serve memory care residents without obtaining a memory care services license pursuant to subsection (5).

(3) An assisted living facility licensed on or after the effective date of the rules required by subsection (2) must obtain a memory care services license to provide memory care services, serve memory care residents, or advertise or hold itself out as providing memory care services or otherwise serving memory care residents.

(4) Except as provided in subsection (5), an assisted living facility licensed before the effective date of the rules required by subsection (2) must obtain a memory care services license within 6 months after the effective date of such rules in order to begin or continue to provide memory care services, serve memory care residents, or advertise or hold itself out as providing such services or serving such residents.

(5)(a) A facility that serves one or more memory care residents accepted before the effective date of the rules required by subsection (2) may continue to serve such memory care residents and provide memory care services to such residents without obtaining a memory care services license if the facility:

1. Demonstrates to the agency that it is unable to reasonably obtain such license.

2. Notifies any memory care residents the facility serves and their caregivers, if applicable, that:

a. The facility is required to obtain a memory care services license;

b. The facility is unable to obtain such license; and

c. The memory care resident may relocate to a facility with a memory care services license, if desired.

3. Upon request, assists memory care residents or, if applicable, their caregivers with finding a suitable alternate facility.

4. No longer accepts any new memory care residents without first obtaining a memory care services license.

(b) If, after receiving the notice required by subparagraph (a)2., a memory care resident or, if applicable, his or her caregiver decides that the resident will remain at the facility, the facility must:

1. Amend the resident’s contract to include the memory care services that are being provided to the resident;

2. Maintain records pertaining to when and how such services were provided to the resident; and

3. Provide such records to the resident, his or her caregivers, or the agency upon request.

(c) This subsection may not be construed to exempt a facility from meeting any other requirements in law or rule as applicable to the facility, including, but not limited to, requirements related to the appropriateness of placements for residents of the facility established in s. 429.26.