Florida § 400.0234 Availability of facility records for investigation of resident’s rights violations and defenses; penalty

Florida Statutes

§ 400.0234 — Availability of facility records for investigation of resident’s rights violations and defenses; penalty

Florida § 400.0234

TitleXXIX

Ch. 400NURSING HOMES AND RELATED HEALTH CARE FACILITIES

This text of Florida § 400.0234 (Availability of facility records for investigation of resident’s rights violations and defenses; penalty) is published on Counsel Stack Legal Research, covering Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Fla. Stat. § 400.0234 (2026).

Text

(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.

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(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.