SESSION WATCH
Died SENATE · SESSION 2026

No. SB 404

Postsurgical Recovery Homes
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SPONSOR
Garcia
FILED BY
Ileana Garcia — District 36, Republican [search donations]
EFFECTIVE
7/1/2026
DIED IN
Health Policy

Filed under Healthcare.

PROVIDED SUMMARY

Postsurgical Recovery Homes; Creating the "Postsurgical Recovery Home Safety Act"; providing licensure requirements to operate a postsurgical recovery home; requiring inspections before issuing a license and annually thereafter; prohibiting operating or advertising a postsurgical recovery home without a license; prohibiting a postsurgical recovery home from providing patient care without meeting certain staffing requirements, etc.

Full bill text →

Plain English Summary

AI-GENERATED
Requires state licenses to operate postsurgical recovery homes.

Creates the Postsurgical Recovery Home Safety Act, requiring anyone operating a residential facility that cares for patients recovering from surgery or a medical procedure to get a license from the Agency for Health Care Administration.

Homes must keep a nurse on site or on call around the clock, cap staff-to-patient ratios at 1-to-8 by day and 1-to-6 overnight, and maintain hurricane evacuation plans and hospital transfer agreements.

Operating or advertising one of these homes without a license is illegal, carrying civil fines up to $10,000 per violation, and unlicensed operation is a third-degree felony.

The agency must inspect each home before licensing it and every year after, and must write rules covering license applications, renewals, inspections, and staff training requirements.

KEY PROVISIONS
§ 1 New licensure requirement for postsurgical recovery homes majors. 400.9994(1)

AIAnyone operating a postsurgical recovery home must first obtain a license from the Agency for Health Care Administration, and applicants must show safety compliance, background checks, and liability insurance.

“A person or an entity must be licensed by the agency to operate a postsurgical recovery home.” bill text, line 60 →
§ 2 Minimum nurse staffing and patient ratios set majors. 400.9995(1)(a)

AIEvery home must have a licensed nurse on site or on call at all times, and cannot exceed a set number of patients per staff member during the day or overnight.

“At least one licensed practical nurse or registered nurse must be on site or on call 24 hours a day” bill text, line 74 →
§ 3 Operating or advertising without a license is unlawful majors. 400.9996(2)

AIThe act makes it illegal to run a postsurgical recovery home without a license, to advertise as one without a license, or to provide care using inadequately trained staff.

“Advertise a facility without a license as a postsurgical recovery home.” bill text, line 104 →
§ 4 Unlicensed operation is a third-degree felony majors. 400.9997(2)

AIOn top of civil fines up to $10,000 per violation and license suspension or revocation, actually running one of these homes without a license is charged as a third-degree felony.

“operates a postsurgical recovery home without a license commits a felony of the third degree” bill text, line 115 →
§ 5 Licensing inspections required before opening and annually moderates. 400.9994(3)

AIBeyond the initial application review, the agency must physically inspect each home before it can be licensed and then inspect it again every year it continues operating.

“The agency shall inspect each postsurgical recovery home before issuing a license and annually thereafter.” bill text, line 68 →
§ 6 Facility safety and disaster-preparedness standards moderates. 400.9995(4)(a)

AIHomes must meet physical safety standards, keep emergency power and proper medical waste disposal, and have written hurricane evacuation plans and hospital transfer contracts ready in advance.

“Written hurricane evacuation and disaster response plans.” bill text, line 90 →
§ 7 Patients get a written care plan and visitor access rights moderates. 400.9995(5)

AIBefore admission, homes must give the patient or their representative a written service agreement, access to the patient's recovery plan, and a visitor access policy meant to prevent isolating patients.

“The visitor access policy to prevent isolation.” bill text, line 99 →
TIMELINE
3/13/2026
Died in Health Policy
1/13/2026
Introduced
11/17/2025
Referred to Health Policy; Appropriations Committee on Health and...
11/5/2025
Filed
STATUTES IT CHANGES
s. 400.9991
+0 / −0
s. 400.9998
+0 / −0
s. 400.9991
+15 / −0
s. 400.9992
+62 / −0
s. 400.9993
+89 / −0
s. 400.9994
+74 / −0