Florida SB 404: Postsurgical Recovery Homes

Bill Text

Florida Senate - 2026 SB 404

By Senator Garcia

36-00615-26 2026404__
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CODING: Words stricken are deletions; words underlined are additions.
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.; defining terms; 7
creating s. 400.9994, F.S.; providing licensure 8
requirements to operate a postsurgical recovery home; 9
requiring inspections before issuing a license and 10
annually thereafter; creating s. 400.9995, F.S.; 11
providing minimum standards for staff and facilities; 12
creating s. 400.9996, F.S.; prohibiting operating or 13
advertising a postsurgical recovery home without a 14
license; prohibiting a postsurgical recovery home from 15
providing patient care without meeting certain 16
staffing requirements; creating s. 400.9997, F.S.; 17
providing penalties; creating s. 400.9998, F.S.; 18
requiring the Agency for Health Care Administration to 19
adopt rules; providing an effective date. 20
21
Be It Enacted by the Legislature of the State of Florida: 22
23
Section 1. Part XII of chapter 400, Florida Statutes, 24
consisting of ss. 400.9991 through 400.9998, Florida Statutes, 25
is created and entitled “Postsurgical Recovery Home Safety Act.” 26
Section 2. Section 400.9991, Florida Statutes, is created 27
to read: 28
400.9991 Short title.—Sections 400.9991-400.9998 may be 29

Florida Senate - 2026 SB 404

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cited as the “Postsurgical Recovery Home Safety Act.” 30
Section 3. Section 400.9992, Florida Statutes, is created 31
to read: 32
400.9992 Legislative findings and intent.—The Legislature 33
finds that unregulated facilities providing care to patients 34
recovering from surgical or medical procedures present risks to 35
patient safety, health, and well-being. It is the intent of the 36
Legislature to establish clear standards, licensing 37
requirements, and oversight for such facilities to ensure the 38
safe recovery of patients and to prevent confusion with 39
addiction recovery residences. 40
Section 4. Section 400.9993, Florida Statutes, is created 41
to read: 42
400.9993 Definitions.—As used in this part, the term: 43
(1) “Agency” means the Agency for Health Care 44
Administration. 45
(2) “Patient” means an individual admitted to a 46
postsurgical recovery home following a medical or surgical 47
procedure. 48
(3) “Postsurgical recovery home” means a licensed 49
residential facility providing short-term, nonacute care and 50
support to patients recovering from surgical or medical 51
procedures which is staffed with licensed health care 52
professionals. 53
(4) “Recovery plan” means a written care plan developed in 54
coordination with the patient’s surgeon or medical provider 55
outlining necessary postoperative care. 56
Section 5. Section 400.9994, Florida Statutes, is created 57
to read: 58

Florida Senate - 2026 SB 404

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400.9994 Licensure.— 59
(1) A person or an entity must be licensed by the agency to 60
operate a postsurgical recovery home. 61
(2) An applicant for licensure must submit all of the 62
following: 63
(a) Proof of compliance with all facility safety standards. 64
(b) Criminal background checks for all owners and staff. 65
(c) Proof of general liability and medical malpractice 66
insurance. 67
(3) The agency shall inspect each postsurgical recovery 68
home before issuing a license and annually thereafter. 69
Section 6. Section 400.9995, Florida Statutes, is created 70
to read: 71
400.9995 Minimum standards for postsurgical recovery 72
homes.— 73
(1)(a) At least one licensed practical nurse or registered 74
nurse must be on site or on call 24 hours a day, 7 days a week. 75
(b) All staff must be trained in cardiopulmonary 76
resuscitation, basic wound care, and postoperative care 77
procedures. 78
(2) The ratio of staff to patients must be maintained as 79
follows: 80
(a) Daytime: 1 to 8. 81
(b) Nighttime: 1 to 6. 82
(3) Facility safety standards must include all of the 83
following: 84
(a) Patient rooms and bathrooms that comply with the 85
Americans with Disabilities Act. 86
(b) Emergency power supply for critical equipment. 87

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(c) Proper disposal of medical waste. 88
(4) Each facility must maintain: 89
(a) Written hurricane evacuation and disaster response 90
plans. 91
(b) Contracts with nearby hospitals for emergency 92
transfers. 93
(5) Each facility shall provide a patient, the patient’s 94
family, or any other person acting on behalf of the patient 95
with: 96
(a) A writ