Florida HB 81: Health Care for Children

Bill Text

HB 81 2026

CODING: Words stricken are deletions; words underlined are additions.
hb81-00
Page 1 of 5
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

A bill to be entitled 1
An act relating to postsurgical recovery homes; 2
creating part XII of ch. 400, F.S., entitled 3
"Postsurgical Recovery Home Safety Act"; creating s. 4
400.9991, F.S.; providing a short title; creating s. 5
400.9992, F.S.; providing legislative findings and 6
intent; creating s. 400.9993, F.S.; providing 7
definitions; creating s. 400.9994, F.S.; providing 8
licensure requirements; creating s. 400.9995, F.S.; 9
providing minimum standards; creating s. 400.9996, 10
F.S.; prohibiting certain acts; creating s. 400.9997, 11
F.S.; providing penalties; creating s. 400.9998, F.S.; 12
requiring the Agency for Health Care Administration to 13
adopt rules; providing an effective date. 14
15
Be It Enacted by the Legislature of the State of Florida: 16
17
Section 1. Part XII of chapter 400, Florida Statutes, 18
consisting of ss. 400.9991 through 400.9998, Florida Statutes, 19
is created and entitled "Postsurgical Recovery Home Safety Act." 20
Section 2. Section 400.9991, Florida Statutes, is created 21
to read: 22
400.9991 Short title.—Sections 400.9991-400.9998 may be 23
cited as the "Postsurgical Recovery Home Safety Act." 24
Section 3. Section 400.9992, Florida Statutes, is created 25

HB 81 2026

CODING: Words stricken are deletions; words underlined are additions.
hb81-00
Page 2 of 5
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

to read: 26
400.9992 Legislative findings and intent.—The Legislature 27
finds that unregulated facilities providing care to patients 28
recovering from surgical or medical procedures present risks to 29
patient safety, health, and well-being. It is the intent of the 30
Legislature to establish clear standards, licensing 31
requirements, and oversight for such facilities to ensure the 32
safe recovery of patients and to prevent confusion with 33
addiction recovery residences. 34
Section 4. Section 400.9993, Florida Statutes, is created 35
to read: 36
400.9993 Definitions.—As used in this part, the term: 37
(1) "Agency" means the Agency for Health Care 38
Administration. 39
(2) "Patient" means an individual admitted to a 40
postsurgical recovery home following a medical or surgical 41
procedure. 42
(3) "Postsurgical recovery home" means a licensed 43
residential facility providing short-term, nonacute care and 44
support to patients recovering from surgical or medical 45
procedures, that is staffed with licensed healthcare 46
professionals. 47
(4) "Recovery plan" means a written care plan developed in 48
coordination with the patient's surgeon or medical provider 49
outlining necessary postoperative care. 50

HB 81 2026

CODING: Words stricken are deletions; words underlined are additions.
hb81-00
Page 3 of 5
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

Section 5. Section 400.9994, Florida Statutes, is created 51
to read: 52
400.9994 Licensure.— 53
(1) A person or an entity must be licensed by the agency 54
to operate a postsurgical recovery home. 55
(2) An applicant for licensure must submit all of the 56
following: 57
(a) Proof of compliance with all facility safety 58
standards. 59
(b) Criminal background checks for all owners and staff. 60
(c) Proof of general liability and medical malpractice 61
insurance. 62
(3) The agency shall inspect each postsurgical recovery 63
home before issuing a license and annually thereafter. 64
Section 6. Section 400.9995, Florida Statutes, is created 65
to read: 66
400.9995 Minimum standards for postsurgical recovery 67
homes.— 68
(1)(a) At least one licensed practical nurse or registered 69
nurse must be onsite or on-call 24 hours a day, 7 days a week. 70
(b) All staff must be trained in cardiopulmonary 71
resuscitation, basic wound care, and postoperative care 72
procedures. 73
(2) The ratio of staff-to-patients must be maintained as 74
follows: 75

HB 81 2026

CODING: Words stricken are deletions; words underlined are additions.
hb81-00
Page 4 of 5
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

(a) Daytime: 1 to 8. 76
(b) Nighttime: 1 to 6. 77
(3) Facility safety standards must include all of the 78
following: 79
(a) Patient rooms and bathrooms must comply with the 80
Americans with Disabilities Act. 81
(b) Emergency power supply for critical equipment. 82
(c) Proper disposal of medical waste. 83
(4) Each facility must maintain: 84
(a) Written hurricane evacuation and disaster response 85
plans. 86
(b) Contracts with nearby hospitals for emergency 87
transfers. 88
(5) Each facility shall provide a patient, the patient's 89
family, or any other person acting on behalf of the patient 90
with: 91
(a) A written service agreement before admission. 92
(b) Access to a copy of the recovery plan. 93
(c) The visitor access policy to prevent isolation. 94
Section 7. Section 400.9996, Florida Statutes, is created 95
to read: 96
400.9996 Prohibi