Florida’s new memory care license for ALFs: Why you shouldn’t wait and see

Florida lawmakers have passed a new “Memory Care” Bill, CS/CS/SB 1404, creating a special license for assisted living facilities that market or provide memory care services to residents with Alzheimer’s disease or a related dementia. The bill is now on Governor DeSantis’ desk for signature. Under the Florida Constitution, he has a limited period after receiving the bill (typically 7–15 days, depending on when it is presented) to sign or veto it, and if he does nothing in that window the bill becomes law without his signature.

The bill does not just apply to facilities with a clearly labeled “memory care unit.” “Memory care services” are defined as specialized or focused care, services, or activities that an assisted living facilities (ALF) agrees to provide to support a resident’s Alzheimer’s disease or related dementia, beyond general supportive services. A “memory care resident” is a person with Alzheimer’s disease or related dementia who lives in an ALF that claims or advertises that it provides those specialized services, even if the services are not spelled out in the contract. That means the bill can reach communities that market “memory care,” “Alzheimer’s care,” “dementia program,” or similar language, or that present parts of their operations as specially designed for residents with cognitive impairment.

The effects of the bill

If signed, CS/CS/SB 1404 will amend Chapter 429, Florida Statutes, to add a new specialty license layered on top of a standard ALF license for facilities that either serve memory care residents or hold themselves out as providing memory care services. Florida Agency for Healthcare Administration (AHCA) is directed to adopt minimum standards for this license, including memory‑care‑specific policies and procedures; standardized admission and retention criteria; dementia‑specific staff training and ongoing education; 24/7 awake staffing where memory care residents are served; physical plant and environmental requirements; and contract and disclosure language that clearly describes memory care services and related charges, along with documentation of services delivered. The bill also restricts the use of “memory care,” “dementia care,” “Alzheimer’s care,” and similar terms in advertising unless the ALF holds the memory care services license, and it creates a narrow, highly conditioned path for certain facilities that cannot reasonably obtain the license but are already serving memory care residents.

Effective dates

For new ALFs, the memory care services licensure requirement takes effect once AHCA adopts rules providing minimum standards for this new specialty license, which the agency is required to do by June 1, 2027. Existing ALFs, that have been licensed as an ALF for more than 2 years, will have until six months after those rules take effect to obtain a memory care services license. In practice, that means the bill becomes law when signed (or allowed to become law), AHCA will fill in the detailed requirements over the next couple of years, and there will be a relatively short compliance window once the rules are final, especially for communities that already rely on memory care marketing or census.

What this means moving forward

The same statute can look very different in a small ALF that occasionally admits residents with mild memory issues than in a large campus with a branded dementia neighborhood. For some ALFs, they will clear the new license requirements with current operations relatively easier than others. For some that offer services in a way that does not fit as neatly into the regulations, they might need to ask tougher question, such as:

• Should we formally become a “memory care” provider and live under those rules?
• Do we scale back how we market these services to avoid being treated as a memory‑care facility and avoid getting compliance enforcement?
• What happens to residents we are already serving who clearly have dementia, if our building or staffing model doesn’t meet the new standards and we need to pivot our model and market as another entity?

Here to help

Our team is closely tracking CS/CS/SB 1404 and AHCA’s rulemaking and can work with providers to assess whether the new license will apply to them and map out realistic options in pursuing the license or reshaping services. If you provide any level of dementia‑related services or if your marketing includes “memory care,” language, preparing, and having a fact‑specific conversation now will put you in a much better position when the rules take effect. Please contact Todd Baumgartner at tbaumgartner@mcdonaldhopkins.com or Rachel Carey at rcarey@mcdonaldhopkins.com to discuss how CS/CS/SB 1404 and the upcoming memory care services license may affect your community and what steps make the most sense for you over the next 12–24 months.