New ALF Specialty License for Memory Care Services

JD Supra Healthcare

Published April 1st, 2026

Detected April 2nd, 2026

Summary

Florida Senate Bill CS/CS/SB 1404 proposes a new Assisted Living Facility (ALF) specialty license designation for memory care services. The bill would require ALFs serving memory care residents or advertising such services to obtain the designation from the Florida Agency for Health Care Administration (AHCA). AHCA must establish minimum standards including staff training requirements, safety protocols, and advertising restrictions by July 1, 2027.

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What changed

Florida SB 1404 would create a new memory care services specialty license designation for Assisted Living Facilities. The bill defines "memory care resident" as a person with Alzheimer's disease or related dementia residing in an ALF that claims to provide specialized care, services, or activities for ADRD. ALFs must obtain the designation if they serve one or more memory care residents or advertise memory care services. AHCA must adopt rules by July 1, 2027 addressing policies and procedures, standardized admittance criteria, minimum care levels, staff training requirements, safety requirements including awake staff 24/7, physical plant requirements, and advertising restrictions prohibiting unlicensed facilities from using terms like "memory care" or "dementia care."

Existing ALFs must obtain the designation within six months of AHCA's rules taking effect. New applicants must obtain the designation before serving memory care residents or advertising such services. Facilities serving memory care residents before the effective date may claim exemption if they demonstrate inability to obtain the license and notify affected residents. Compliance officers should monitor AHCA rulemaking, review current memory care programs and advertising materials, and initiate staff training assessments to meet the 2027 deadline.

What to do next

Determine if the facility currently serves memory care residents or advertises memory care services
Review staff training programs and begin planning updates to meet future AHCA minimum training requirements
Ensure advertising materials do not use restricted terms like "memory care" or "dementia care" unless specialty designation is obtained

Source document (simplified)

April 1, 2026

Florida Creates New Assisted Living Facility Specialty License Type for Memory Care Services

Eddie Williams III Holland & Knight LLP + Follow Contact LinkedIn Facebook X Send Embed

Florida bill CS/CS/SB 1404 would create a new Assisted Living Facility (ALF) specialty license designation for memory care services. If enacted, certain ALFs will be required to obtain this designation to provide such services.

The bill defines a "memory care resident" as a person with Alzheimer's disease or a related dementia (ADRD) who resides in an ALF that claims or advertises that it provides specialized care, services or activities to support that resident's ADRD, regardless of whether such offerings are listed in the resident's contract. "Memory care services" means the specialized care, services or activities an ALF agrees to provide to a memory care resident to support a memory care resident's ADRD. These services do not include general support services designed to help older adults with disabilities remain in the least restrictive living environment and maintain their independence.

In addition to a standard ALF license, ALFs may currently obtain the following specialty license designations:

Extended Congregate Care (ECC) – nursing and support services for persons who would otherwise be disqualified from continued residence
Limited Nursing Services (LNS) – specified nursing services
Limited Mental Health (LMH) – services for individuals receiving Social Security disability income or supplemental security income due to a mental disorder, along with optional state supplementation However, no specialty designation currently exists for memory care services, and existing regulations lack specificity, largely leaving each ALF to determine how to implement its own memory care program.

Under the bill, an ALF must obtain a memory care services specialty designation if it serves one or more memory care residents or holds itself out as providing memory care services. The designation is not required if the ALF only provides general supportive services to residents with ADRD, provided the facility complies with advertising rules that the Florida Agency for Health Care Administration (AHCA) must adopt. AHCA must adopt rules establishing minimum standards for the memory care services specialty designation by July 1, 2027. At a minimum, such rules must address the following:

policies and procedures for providing memory care services
standardized admittance criteria for memory care residents
the minimum level of care, services and activities that must be provided for memory care residents
minimum training requirements for staff
safety requirements for memory care residents, including, but not limited to, requiring at least one awake staff member to be on duty at all hours
physical plant requirements for a facility or parts of a facility serving memory care residents
advertising restrictions that would prohibit an ALF without a memory care services license from using terms such as "memory care," "dementia care," "Alzheimer's care" and related variations An ALF licensed before the effective date of AHCA's rules must obtain a memory care services license designation within six months after that date. An ALF applying on or after that date must obtain the designation before providing memory care services, serving memory care residents or advertising such services. A facility serving one or more memory care residents accepted before that date is exempt if it:

demonstrates to AHCA that it is unable to reasonably obtain the license
notifies any memory care residents the facility serves and their caregivers, if applicable, that:
- the facility is required to obtain a memory care service license
- the facility is unable to obtain such license
- the memory care resident may relocate to a facility with a memory care service license, if desired
upon request, assists memory care resident or, if applicable, their caregivers with finding a suitable alternate facility
no longer accepts any new memory care residents without first obtaining a memory care services license Currently licensed ALFs that provide memory care services or serve memory care residents should closely monitor the status of CS/CS/SB 1404. If approved by Gov. Ron DeSantis, AHCA will begin the rulemaking process to implement the new law. ALFs may participate in this process by attending a rule development workshop, submitting written comments or presenting evidence at a public hearing – opportunities that may significantly influence or shape the standards governing memory care services.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.
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