Lakeland Senior AdvisorWhat rights does Florida law give assisted living residents?
Section 429.28 gives every ALF resident a bill of rights, including a safe and decent living environment free of abuse and neglect, dignity, privacy, unrestricted private communication, the right to manage personal finances, the choice of physician and pharmacy, and at least 45 days' notice of relocation or termination of residency.
Facilities must post these rights along with the ombudsman program's number. Living in an ALF takes away none of a resident's civil or legal rights, and a facility may not retaliate against a resident who complains.
How much notice is required before an ALF discharges someone?
At least 45 days in writing, giving the reasons, telling the resident he or she may contact the State Long-Term Care Ombudsman Program and listing its statewide number, except when a physician certifies an emergency transfer to more skilled care or the resident's behavior is harmful or offensive to others.
When a resident has been adjudicated incapacitated, the notice goes to the guardian. Forty-five days is the legal minimum; a contract may promise more.
What must an ALF resident contract contain?
Under s. 429.24 the contract must spell out the services and accommodations, rates and charges, what the base rate covers and what costs extra, refund and termination terms and how rate increases work, and the facility must give advance written notice before raising rates.
Look for level-of-care fees, medication management charges and what happens to deposits and rent during a hospital or nursing home stay. Contracts in a continuing care retirement community fall under Chapter 651 instead.
What can we do if a Polk County facility gives a discharge notice?
Get the notice and reasons in writing, 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 also have federal discharge protections, including a hearing; an appeal filed within 10 days keeps the resident in place until the hearing process is complete.
Which rules protect Florida nursing home residents?
The nursing home residents' bill of rights in s. 400.022, Florida Statutes, plus the federal Medicare and Medicaid participation requirements, which AHCA enforces through surveys it conducts for CMS and which the ombudsman program also monitors.
CMS publishes each certified home's inspection results and federal fines; our Polk County nursing home pages show them as CMS publishes them.
Side by side
| A Florida ALF resident has a right to | A Florida ALF resident does not have a right to | |
|---|---|---|
| Notice | 45 days' written notice before a nonemergency discharge | Stay once needs exceed what the license allows |
| Money | Manage his or her own finances | A freeze on future rate increases |
| Advocacy | Free help from the ombudsman program | A free lawyer in every dispute |
Built from Chapters 408, 429 and 651, Florida Statutes; Florida Administrative Code chapters 59A-36 and 65A-2; AHCA, DCF, OIR and Department of Elder Affairs publications; and the CareScout and VA rate tables cited on this page. Our editorial standards explain how each figure is checked.
