Sarasota Senior AdvisorWhat rights do assisted living residents have in Florida?
Section 429.28, Florida Statutes, gives every ALF resident a bill of rights that includes living in a safe and decent environment free from abuse and neglect, being treated with dignity, privacy, unrestricted private communication, managing their own finances, choosing their own physician and pharmacy, and at least 45 days' notice of relocation or termination of residency.
Facilities must post the rights and the ombudsman program's number, and no resident may be deprived of civil or legal rights because of living in an ALF. Retaliation against a resident who files a complaint is prohibited.
How much notice must a Florida ALF give before discharging a resident?
At least 45 days' written notice, with the reasons, the statement that the resident may contact the State Long-Term Care Ombudsman Program for help, and the program's statewide number, unless a physician certifies an emergency move to more skilled care or the resident's conduct is harmful or offensive to others.
For a resident adjudicated incapacitated, the guardian gets the 45 days' notice. The 45-day clock is a floor, not a ceiling; a contract can be more generous.
What must a Florida ALF resident contract include?
Under s. 429.24, the contract must state the services and accommodations, the rates and charges, what is included and what costs extra, refund and termination terms, and how rate increases are handled, and the facility must give advance written notice of rate increases.
Read the contract for level-of-care fees, medication management charges and what happens to a deposit if your parent moves to a hospital or nursing home. Life plan community contracts follow a separate law, Chapter 651.
What can I do if a Sarasota or Manatee facility tries to discharge my parent?
Ask for the written notice and the reasons, call the Long-Term Care Ombudsman Program at 1-888-831-0404 for free advocacy, and if the facility is not following the rules, file a complaint with AHCA at 1-888-419-3456.
Nursing home residents have separate federal discharge protections, including a right to appeal to a hearing; filing an appeal within 10 days stops the removal until the hearing process finishes.
Who protects residents of Florida nursing homes?
Nursing home residents are covered by the nursing home bill of rights in s. 400.022, Florida Statutes, and by federal Medicare and Medicaid participation rules, enforced through AHCA's surveys for CMS and the ombudsman program.
CMS publishes each certified home's inspection results and fines; our nursing home pages reproduce them as CMS publishes them.
At a glance
| Florida residents' rights include | Florida residents' rights do not include | |
|---|---|---|
| Notice | 45 days' written notice of nonemergency discharge | A right to stay when needs exceed the license |
| Money | Managing one's own finances | Protection from all rate increases |
| Help | Free ombudsman advocacy | Free legal representation in every case |
Sources include Chapters 408, 429 and 651 of the Florida Statutes, Fla. Admin. Code chapters 59A-36 and 65A-2, AHCA, DCF, OIR and Elder Affairs pages, CareScout and VA rate tables as cited above; see our editorial standards.
