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Florida Senate
-
2026
SB 1068
By
Senator Calatayud
38-01663-26 20261068__
1 A bill to be entitled
2 An act relating to home health services; amending s.
3 400.506, F.S.; requiring nurse registries to provide a
4 written disclosure to clients at intake and annually
5 thereafter; specifying requirements for the
6 disclosure; requiring the Agency for Health Care
7 Administration to adopt rules; prohibiting nurse
8 registries from using specified terms in their
9 business names, advertising, websites, and promotional
10 materials; requiring nurse registries to include the
11 term “nurse registry” in their business names and
12 display their license numbers prominently in all
13 marketing and advertising, including on digital
14 platforms; requiring nurse registries to display a
15 specified disclaimer on their websites and in all
16 digital and print marketing materials; requiring nurse
17 registries to file a current fee schedule with the
18 agency and provide it to clients before initiating
19 services; specifying requirements for the fee
20 schedule; providing for administrative penalties;
21 amending s. 400.509, F.S.; providing that registered
22 homemakers and companions are subject to initial and
23 periodic inspections by the agency; requiring the
24 agency to adopt certain rules; specifying requirements
25 for the scope of such inspections; requiring
26 registered homemakers and companions to provide a
27 written disclosure to clients upon initiation of
28 services and annually thereafter; specifying
29 requirements for the disclosure; requiring the agency
30 to adopt rules; prohibiting registered homemakers and
31 companions from using specified terms in their
32 business names, advertising, websites, and promotional
33 materials; requiring registered homemakers and
34 companions to include the phrase “homemaker services”
35 or “companion services,” as applicable, in their
36 business names and display their registration numbers
37 in all marketing and advertising, including on digital
38 platforms; requiring registered homemakers and
39 companions to display a specified disclaimer on their
40 websites and in all digital and print marketing
41 materials; specifying recordkeeping requirements for
42 registered homemakers and companions; requiring
43 registered homemakers and companions to document and
44 report to the agency any adverse incidents or
45 complaints; requiring the agency to establish by rule
46 certain procedures; providing for administrative
47 penalties; amending s. 408.803, F.S.; revising the
48 definition of the term “low-risk provider” to exclude
49 nurse registries; amending s. 817.505, F.S.; revising
50 applicability of certain patient brokering
51 prohibitions; providing an effective date.
52
53 Be It Enacted by the Legislature of the State of Florida:
54
55 Section 1. Present subsections (15) through (20) of section
56 400.506, Florida Statutes, are redesignated as subsections (20),
57 (21), (22), (17), (18), and (19), respectively, new subsections
58 (15) and (16) are added to that section, and present subsection
59 (20) of that section is amended, to read:
60 400.506 Licensure of nurse registries; requirements;
61 penalties.—
62
(
15
)(a)
Each nurse registry shall provide
a
standardized
63
written disclosure to clients at intake and annually thereafter
64
which
must
meet all of the following requirements
:
65
1.
Be presented in at least 14-point bold type
.
66
2.
Include a signed acknowledgment of receipt by the client
67
or the client’s representative
.
68
3.
Contain the following information:
69
a
.
A
disclaimer as specified in paragraph (16)(c) informing
70
clients that
caregivers referred by the nurse registry are
71
independent contractors and not employees of the nurse registry.
72
b
.
The nurse registry’s insurance status, including the
73
type and amount of liability coverage
it carries
.
74
c
.
Instructions
for filing complaints, including the
75
contact information for
state hotline
s, such as the central
76
abuse hotline and the agency’s consumer hotline,
and
the
77
applicable professional licensing boards.
78
d
.
A clear explanation of the risks associated with patient
79
transport or the operation of lifting equipment, along with
80
documentation of the client’s consent or
refusal
to engage in
81
such activities.
82
(
b
)
The
a
gency shall adopt rules to implement this
83
subsection, including
development of
standard disclosure
84
templates and acknowledgment forms.
85
(
16
)(a)
A nurse registry may not use the terms “home
86
health,” “home health
care,” or “agency” in
its
business name,
87
advertising, website, or promotional materials.
88
(b)
Each nurse registry must include the
term
“nurse
89
registry” in its licensed business name and display its license
90
number prominently in all marketing and advertising, including
91
on
digital platforms.
92
(c)
Each nurse registry must display, in a clear and
93
conspicuous manner on its website and in all digital or print
94
marketing materials, the following disclaimer:
“All caregivers
95
referred by this nurse registry are independent contractors, not
96
employees
of the nurse registry
. By law, the
nurse
registry
does
97
not have any
authority to supervise, manage, or train caregivers
98
and
does not
assume
any
responsibility for their actions or the
99
services they provide.”
100
(d)
Each nurse registry shall file a current fee schedule
101
with the
a
gency and provide the schedule to clients
before
102
initiating services. The fee schedule must clearly disclose all
103
costs and charges in a manner understandable to the general
104
public.
105
(e)
The
a
gency may impose administrative
penalties
for
106
failure to comply with this subsection.
107
(19)
(20)
Records required to be filed under this chapter
108 with the nurse registry as a repository of records must be kept
109 in accordance with rules adopted by the agency. The nurse
110 registry has no obligation to review or act upon such records
111 except as specified in subsection
(18)
(19)
.
112 Section 2. Present subsections (6) and (7) of section
113 400.509, Florida Statutes, are redesignated as subsections (10)
114 and (11), respectively, new subsections (6) and (7) and
115 subsections (8) and (9) are added to that section, and present
116 subsections (6) and (7) of that section are amended, to read:
117 400.509 Registration of particular service providers exempt
118 from licensure; certificate of registration; regulation of
119 registrants.—
120
(
6
)
(
a)
Registered homemakers and companions are
subject to
121
an
initial
inspection
and periodic inspections by the
a
gency to
122
determine compliance with applicable
laws
and rules.
123
(b)
The
a
gency shall adopt rules establishing the frequency
124
and scope of such inspections, which must occur at least once
125
every 36 months.
126
(c)
The scope of i
nspections must include, but
need
not
be
127
limited to,
a
review of service records, client disclosures,
128
background screening documentation, and compliance with
129
marketing standards
specified in subsection (8)
.
130
(
7
)(a)
Registered
homemaker
s
and
companion
s
shall provide a
131
standardized written disclosure to clients
upon initiation of
132
services
and annually thereafter which must meet all of the
133
following requirements:
134
1.
Be presented in at least 14-point bold type.
135
2.
Include a signed acknowledgment of receipt by the client
136
or the client’s representative.
137
3.
Contain the following information:
138
a.
A disclaimer as specified in paragraph (
8
)(c) informing
139
clients that
services provided by a
homemaker
or a
companion
are
140
limited to
nonmedical, non–hands-on care.
141
b.
The
homemaker’s or companion’
s insurance status,
142
including the type and amount of liability coverage
he or she
143
carries.
144
c.
Instructions
for filing complaints, including the
145
contact information for state hotlines,
such as
the central
146
abuse hotline and the agency’s consumer hotline, and the
147
applicable professional licensing boards.
148
d.
An explanation of the
homemaker’s or companion
’s scope
149
and limitations, including the prohibition against personal care
150
or medical services
.
151
e.
A disclosure of whether
the homemaker or
companion
is an
152
employee
of the referring entity
or
an
independent contractor.
153
(b)
The agency shall adopt rules to implement this
154
subsection, including
development of
standard disclosure
155
templates and acknowledgment forms.
156
(8)
(a)
Registered
homemaker
s
and
companion
s
may not use the
157
terms “home health,” “home health
care,” “nursing,” “nurse
158
registry,” or “agency” in
their
business name
s
, advertising,
159
website, or promotional materials.
160
(b)
Registered h
omemaker
s
and
companion
s
must include the
161
phrase “homemake
r services” or
“
companion services
,
”
as
162
applicable,
in
their
licensed business name
s
and display
their
163
registration number
s
prominently in all marketing and
164
advertising, including
on
digital platforms.
165
(c)
Registered h
omemaker
s
and
companion
s
must display, in a
166
clear and conspicuous manner on
their
website
s
and in all
167
digital or print marketing materials, the following disclaimer:
168
“This business provides homemaker
or
companion services only.
169
Offered s
ervice
s
do not include personal care or any hands-on
170
health care. By law, homemaker
s and
companion
s
may not assist
171
with activities requiring a health care license or
172
certification.”
173
(9)
(a)
Registered homemakers and companions shall
maintain
174
accurate, chronological service records for each client,
175
including caregiver assignments, incident reports, and
176
acknowledgment of required disclosures.
177
(b)
Registered h
omemakers and companion
s
shall document and
178
report to the
a
gency any adverse incidents or complaints
,
as
179
required by
agency
rule.
180
(10)(a)
T
he agency shall establish by rule procedures for
181
investigating complaints against
registered
homemaker
s
and
182
companion
s
, including providing for unannounced agency
183
inspections.
184
(b)
The agency may impose administrative fines or other
185
sanctions for violations of this section or rules adopted
186
pursuant to this section.
187
(c)
(6)
In addition to any other penalties imposed pursuant
188 to this section or part, the agency may assess costs related to
189 an investigation that results in a successful prosecution,
190 excluding costs associated with an attorney’s time.
191
(11)
(7)
The agency
for Health Care Administration
shall
192 adopt rules to administer this section and part II of chapter
193 408.
194 Section 3. Subsection (10) of section 408.803, Florida
195 Statutes, is amended to read:
196 408.803 Definitions.—As used in this part, the term:
197 (10) “Low-risk provider” means a nonresidential provider,
198 including
a nurse registry,
a home medical equipment provider
,
199 or a health care clinic.
200 Section 4. Paragraph (h) of subsection (3) of section
201 817.505, Florida Statutes, is amended to read:
202 817.505 Patient brokering prohibited; exceptions;
203 penalties.—
204 (3) This section shall not apply to the following payment
205 practices:
206
(h) Commissions or fees paid to a nurse registry licensed
207
under s. 400.506 for referring persons providing health care
208
services to clients of the nurse registry.
209 Section 5. This act shall take effect July 1, 2026.