HB 1295 — CS/HB 1295: Memory Care

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hb1295-01-c1 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 CS/HB 1295 2026 health, or memory care services.

(a) A standard license shall be issued to facilities providing one or more of the personal services identified in s.

429.02.

Such facilities may also employ or contract with a person licensed under part I of chapter 464 to administer medications and perform other tasks as specified in s.

429.255.

(b) An extended congregate care license shall be issued to each facility that has been licensed as an assisted living facility for 2 or more years and that provides services, directly or through contract, beyond those authorized in paragraph (a), including services performed by persons licensed under part I of chapter 464 and supportive services, as defined by rule, to persons who would otherwise be disqualified from continued residence in a facility licensed under this part.

An extended congregate care license may be issued to a facility that has a provisional extended congregate care license and meets the requirements for licensure under subparagraph 2.

The primary purpose of extended congregate care services is to allow residents the option of remaining in a familiar setting from which they would otherwise be disqualified for continued residency as they become more impaired.

A facility licensed to provide extended congregate care services may also admit an individual who exceeds the admission criteria for a facility with a standard license, if he or she is determined appropriate for admission to the extended congregate care facility.

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hb1295-01-c1 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 CS/HB 1295 2026 1.

In order for extended congregate care services to be provided, the agency must first determine that all requirements established in law and rule are met and must specifically designate, on the facility's license, that such services may be provided and whether the designation applies to all or part of the facility.

This designation may be made at the time of initial licensure or relicensure, or upon request in writing by a licensee under this part and part II of chapter 408.

The notification of approval or the denial of the request shall be made in accordance with part II of chapter 408.

Each existing facility that qualifies to provide extended congregate care services must have maintained a standard license and may not have been subject to administrative sanctions during the previous 2 years, or since initial licensure if the facility has been licensed for less than 2 years, for any of the following reasons:

AdmittanceA criteria.class I or class II violation;

CareThree andor servicesmore necessaryrepeat toor addressrecurring theclass needsIII violations of personsidentical admittedor forsimilar memoryresident care services.standards from which a pattern of noncompliance is found by the agency;

c.

Three or more class III violations that were not corrected in accordance with the corrective action plan approved by the agency;

d.

Violation of resident care standards which results in requiring the facility to employ the services of a consultant Page 5 of 15 CODING:

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hb1295-01-c1 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 CS/HB 1295 2026 pharmacist or consultant dietitian;

e.

Denial, suspension, or revocation of a license for another facility licensed under this part in which the applicant for an extended congregate care license has at least 25 percent ownership interest;

or f.

Imposition of a moratorium pursuant to this part or part II of chapter 408 or initiation of injunctive proceedings.

The agency may deny or revoke a facility's extended congregate care license for not meeting the criteria for an extended congregate care license as provided in this subparagraph.

ActivitiesIf specificallyan designedassisted andliving offeredfacility forhas personsbeen admittedlicensed for memoryless than 2 years, the initial extended congregate care services.license must be provisional and may not exceed 6 months.

The licensee shall notify the agency, in writing, when it has admitted at least one extended congregate care resident, after which an unannounced inspection shall be made to determine compliance with the requirements of an extended congregate care license.

A licensee with a provisional extended congregate care license which demonstrates compliance with all the requirements of an extended congregate care license during the inspection shall be issued an extended congregate care license.

In addition to sanctions authorized under this part, if violations are found during the inspection and the licensee fails to demonstrate compliance with all assisted living facility requirements during Page 6 of 15 CODING:

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hb1295-01-c1 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 CS/HB 1295 2026 a follow-up followup inspection, the licensee shall immediately suspend extended congregate care services, and the provisional extended congregate care license expires.

The agency may extend the provisional license for not more than 1 month in order to complete a follow-up followup visit.

MaintenanceA offacility that is licensed to provide extended congregate care services shall maintain a currentwritten andprogress accuratereport logon each person who receives such nursing services from the facility's staff which describes the type, amount, duration, scope, and outcome of residentsservices admittedthat asare receivingrendered memoryand carethe services.general status of the resident's health.

(b)A Theregistered standardsnurse, inor paragraphappropriate (a)designee, applyrepresenting tothe anyagency unitshall designatedvisit for the provisionfacility ofat memoryleast caretwice servicesa oryear to amonitor facilityresidents thatwho providesare memoryreceiving extended congregate care services and to anydetermine residentif admittedthe andfacility requiringis suchin services.compliance with this part, part II of chapter 408, and relevant rules.

PageOne 2 of 7the CODING:visits may be in conjunction with the regular survey.

The monitoring visits may be provided through contractual arrangements with appropriate community agencies.

A registered nurse shall serve as part of the team that inspects the facility.

The agency may waive one of the required yearly monitoring visits for a facility that has:

a.

Held an extended congregate care license for at least 24 months;

b.

No class I or class II violations and no uncorrected class III violations;

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hb1295-00hb1295-01-c1 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 HBCS/HB 1295 2026 (3)c. In addition to the requirements of s.

429.24,No residentombudsman contractscouncil mustcomplaints specifythat allresulted memoryin carea servicescitation tofor belicensure. provided and any related costs should those costs exceed standard room and board.

(4)4. In addition to the requirements of s.

429.26(7),A forfacility personsthat residingis inlicensed ato memoryprovide careextended facility,congregate thecare facilityservices shall:must:

(a)a. Notify a licensed physician when a resident has a change of condition specific to increased or more severe dementia, or other memory disorder to ensure that appropriate care is provided to the resident.

TheDemonstrate notification must occur within 30 days after the acknowledgementcapability ofto suchmeet changesunanticipated inresident conditionservice byneeds. facility staff.

(b)b. If a change in the resident's condition is determined to exist, notify the resident's representative or designee and assist in making appointments for the necessary care and services for treatment of the change in condition.

(c)Offer Ifa thephysical residentenvironment doesthat notpromotes have a representativehomelike orsetting, designee,provides orfor ifresident theprivacy, resident'spromotes representativeresident orindependence, designee cannot be located or is unresponsive, arrange with the appropriate health care provider for the necessary care and servicesallows forsufficient treatmentcongregate ofspace theas changedefined inby condition.rule.

(5)(a)c. The memory care facility, or if a memory care provider has a specific unit designated for memory care services, must have at least one staff member present to provide care and services at all times.

TheHave sufficient staff memberavailable, shall:taking into account the physical plant and firesafety features of the building, to assist with the evacuation of residents in an emergency.

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Adopt and follow policies and procedures that maximize resident independence, dignity, choice, and decisionmaking to permit residents to age in place, so that moves due to changes in functional status are minimized or avoided.

e.

Allow residents or, if applicable, a resident's representative, designee, surrogate, guardian, or attorney in fact to make a variety of personal choices, participate in developing service plans, and share responsibility in decisionmaking.

f.

Implement the concept of managed risk.

g.

Provide, directly or through contract, the services of a person licensed under part I of chapter 464.

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hb1295-00hb1295-01-c1 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 HBCS/HB 1295 2026 1.h.

StayIn awakeaddition atto allthe times.training mandated in s.

429.52, provide specialized training as defined by rule for facility staff.

5.

A facility that is licensed to provide extended congregate care services is exempt from the criteria for continued residency set forth in rules adopted under s.

429.41.

A licensed facility must adopt its own requirements within guidelines for continued residency set forth by rule.

However, the facility may not serve residents who require 24-hour nursing supervision.

A licensed facility that provides extended congregate care services must also provide each resident with a written copy of facility policies governing admission and retention.

6.

Before the admission of an individual to a facility licensed to provide extended congregate care services, the individual must undergo a medical examination as provided in s.

429.26(5) and the facility must develop a preliminary service plan for the individual.

7.

If a facility can no longer provide or arrange for services in accordance with the resident's service plan and needs and the facility's policy, the facility must make arrangements for relocating the person in accordance with s.

429.28(1)(k).

(c) A limited nursing services license shall be issued to a facility that provides services beyond those authorized in Page 9 of 15 CODING:

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hb1295-01-c1 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 CS/HB 1295 2026 paragraph (a) and as specified in this paragraph.

1.

In order for limited nursing services to be provided in a facility licensed under this part, the agency must first determine that all requirements established in law and rule are met and must specifically designate, on the facility's license, that such services may be provided.

This designation may be made at the time of initial licensure or licensure renewal, or upon request in writing by a licensee under this part and part II of chapter 408.

Notification of approval or denial of such request shall be made in accordance with part II of chapter 408.

An existing facility that qualifies to provide limited nursing services must have maintained a standard license and may not have been subject to administrative sanctions that affect the health, safety, and welfare of residents for the previous 2 years or since initial licensure if the facility has been licensed for less than 2 years.

MeetA anyfacility trainingthat requiredis aslicensed definedto byprovide statutelimited ornursing ruleservices forshall assistedmaintain livinga facilities,written includingprogress thereport trainingon andeach continuingperson educationwho requirementsreceives ofsuch s.nursing services from the facility's staff.

430.5025.The report must describe the type, amount, duration, scope, and outcome of services that are rendered and the general status of the resident's health.

3.A registered nurse representing the agency shall visit the facility at least annually to monitor residents who are receiving limited nursing services and to determine if the facility is in compliance with applicable Page 10 of 15 CODING:

Be certified in first aid and cardiopulmonary resuscitation.

(b) A staff member administering medication or providing assistance with the self-administration of medication may not be considered as the sole staff member toward the staffing requirement while engaged in these tasks.

(6) A facility licensed under this part which claims that it provides special care for persons who have Alzheimer's disease, dementia, or other memory related disorders must disclose in its advertisements or in a separate document those services that distinguish the care as being especially applicable to, or suitable for, such persons.

The facility must give a copy of all such advertisements or a copy of the document to each person who requests information about programs and services for persons with Alzheimer's disease, dementia, or other memory related disorders offered by the facility and must maintain a copy of all such advertisements and documents in its records.

The agency shall examine all such advertisements and documents in the facility's records as part of the license renewal procedure.

Section 2.

Effective January 1, 2027, section 429.178, Page 4 of 7 CODING:

hb1295-00hb1295-01-c1 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 HBCS/HB 1295 2026 Floridaprovisions Statutes,of isthis repealed.part, part II of chapter 408, and related rules.

The monitoring visits may be provided through contractual arrangements with appropriate community agencies.

A registered nurse shall also serve as part of the team that inspects such facility.

Visits may be in conjunction with other agency inspections.

The agency may waive the required yearly monitoring visit for a facility that has:

a.

Had a limited nursing services license for at least 24 months;

b.

No class I or class II violations and no uncorrected class III violations;

and c.

No ombudsman council complaints that resulted in a citation for licensure.

3.

A person who receives limited nursing services under this part must meet the admission criteria established by the agency for assisted living facilities.

When a resident no longer meets the admission criteria for a facility licensed under this part, arrangements for relocating the person shall be made in accordance with s.

429.28(1)(k), unless the facility is licensed to provide extended congregate care services.

Section 430.71,429.076, Florida Statutes, is created to read:

430.71429.076 FloridaMemory Alzheimer'scare Centerservices oflicense.—An Excellence.—assisted (1)living PURPOSEfacility ANDthat INTENT.—Theserves purposeone ofor thismore sectionmemory iscare toresidents, assistor andthat supportadvertises persons with Alzheimer's disease or relatedotherwise formsholds ofitself dementiaout andas theirproviding caregiversmemory byPage connecting11 themof with15 resourcesCODING: in their communities to address two primary goals:

(a) To allow residents of this state living with Alzheimer's disease or related forms of dementia to age in place.

(b) To empower family caregivers to improve their own well-being.

(2) DEFINITIONS.-As used in this section, the term:

(a) "Center" means the Florida Alzheimer's Center for Excellence.

(b) "Department" means the Department of Elderly Affairs.

(3) POWERS AND DUTIES.- (a) There is created within the department the Florida Alzheimer's Center of Excellence, which shall assist in improving the quality of care for persons living with Alzheimer's disease or related forms of dementia and improved quality of life for family caregivers.

The center may contract for services necessary to implement this section.

The center shall:

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hb1295-00hb1295-01-c1 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 HBCS/HB 1295 2026 1.care services, must obtain a memory care services license pursuant to subsection (3) or subsection (4), as applicable.

ConductA caregiverfacility assessmentsis not required to measureobtain caregivera burden.memory care services license if the facility solely provides optional supportive services for residents with Alzheimer's disease and related dementias which are 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.

(2) By October 1, 2026, 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, Page 12 of 15 CODING:

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hb1295-01-c1 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 CS/HB 1295 2026 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) Reasonable limitations on how an assisted living facility may advertise or hold itself out as providing optional supportive services for residents with Alzheimer's disease and related dementias without obtaining a memory care services license.

(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 Page 13 of 15 CODING:

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hb1295-01-c1 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 CS/HB 1295 2026 license when such facility renews its license 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;

CreateNotifies personalizedany plansmemory thatcare guideresidents caregivers to community resources, empowering them with the skills,facility education,serves support, and planningtheir necessarycaregivers, forif effectiveapplicable, caregiving,that: including addressing any medical, emotional, social, legal or financial challenges experienced by the person with Alzheimer's disease or a related form of dementia.

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.

EducateUpon andrequest, assistassists caregiversmemory withcare strategiesresidents foror, caregivingif forapplicable, someonetheir caregivers with Alzheimer'sfinding disease or a relatedsuitable formalternate offacility. dementia and provide guidance on all aspects of home- based care, including home safety, physical and mental health, legal and financial preparedness, communication skills, and hands-on care techniques.

ProvideNo onlinelonger educationalaccepts resourcesany fornew caregivers.memory care residents without first obtaining a memory care services license.

5.(b) If, after receiving the notice required by Page 14 of 15 CODING:

Track outcomes, including, but not limited to, decreased hospitalizations, reduced emergency department visits, reduction in falls, and reduction in caregiver burnout.

6.

By December 1 of each year, submit a report to the Governor, the President of the Senate, and the Speaker of the House of Representatives.

The report must address the number of families served, the types of services provided, and the outcomes achieved.

(b) The center shall work with the Area Agencies on Aging;

the Alzheimer's Disease Advisory Committee established under s.

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hb1295-00hb1295-01-c1 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 HBCS/HB 1295 2026 430.501;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:

the Alzheimer's Disease Initiative established under ss.

430.501-430.504;

the state-funded memory disorder clinics established under s.

430.502;

the department's Dementia Care and Cure Initiative task forces;

universities;

hospitals;

and other available community resources to ensure full use of the state's infrastructure.

(4) ELIGIBILITY FOR SERVICES.— (a) To qualify for assistance from the center, an individual or caregiver must meet all of the following criteria:

AtAmend least one person in the householdresident's iscontract ato caregiverinclude forthe amemory personcare diagnosedservices with,that orare suspectedbeing provided to have,the Alzheimer'sresident; disease or a related form of dementia.

TheMaintain caregiverrecords orpertaining the person diagnosed with, or suspected to have,when Alzheimer'sand diseasehow orsuch aservices relatedwere formprovided ofto dementia,the isresident; a resident of this state.

and 3.

TheProvide personsuch seekingrecords assistanceto has the goalresident, ofhis providing in-home care for the person diagnosed with, or suspectedher tocaregivers, have, Alzheimer's disease or athe relatedagency formupon ofrequest. dementia.

(b) If the person seeking assistance meets the criteria in paragraph (a), the center may provide assistance to the caregiving family, subject to the availability of funds and resources.

ExceptEffective asupon otherwisethe expresslyadoption providedof inrules thisestablishing act,minimum thisstandards actfor shallmemory takecare effectservices Julylicensees 1,pursuant 2026.to s.

Page429.076, 7Florida ofStatutes, 7ss. CODING:

429.177 and 429.178, Florida Statutes, are repealed.

Section 5.

This act shall take effect upon becoming a law.

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