Fort Myers Senior AdvisorWhat rights does a Florida assisted living resident have?
Section 429.28, Florida Statutes, guarantees each ALF resident a safe and decent living environment free from abuse and neglect, dignity and privacy, private and uncensored communication, control of personal finances, a free choice of physician and pharmacy, freedom to take part in community and religious activities, and at least 45 days' notice of relocation or termination.
The rights must be posted in the building with the ombudsman program's number. Living in an ALF does not take away any civil or legal right, and a facility may not retaliate against a resident or family member who complains.
What must a Florida ALF's discharge notice contain?
The written notice must give at least 45 days, state the reasons, tell the resident he or she may contact the State Long-Term Care Ombudsman Program, and list the program's statewide number; for a resident adjudicated incapacitated the notice goes to the guardian.
The 45 days are a minimum. If a Cape Coral facility says your parent must leave by Friday without a physician-certified emergency or harmful conduct, that is outside the rule, and the ombudsman program can intervene.
What must a Florida ALF contract include?
Under s. 429.24 the resident contract must spell out the services and accommodations, the rates and what they include, extra charges, refund and termination terms, and the process for rate increases, which require advance written notice.
Read the level-of-care schedule, medication management fees and what happens to any deposit if your parent goes to the hospital or a nursing home. Life plan community contracts are governed separately by Chapter 651.
What are the discharge rights of a Florida nursing home resident?
Nursing home residents are protected by the bill of rights in s. 400.022, Florida Statutes, and by federal rules for Medicare and Medicaid homes, which require written notice, a stated lawful reason, and an appeal to a hearing; an appeal filed within 10 days generally stops the discharge until the hearing is decided.
A nursing home cannot discharge a resident simply because Medicare days ran out while a Medicaid application is pending. Ask the ombudsman for help with the appeal; it is free.
Who helps a Lee County resident facing an unfair discharge?
Call the Long-Term Care Ombudsman Program at 1-888-831-0404 for free, confidential advocacy, file a licensing complaint with AHCA at 1-888-419-3456 if rules are being broken, and contact Florida Rural Legal Services or another legal aid office for representation.
The ombudsman program covers ALFs, nursing homes and adult family care homes and works on the resident's behalf, with the resident's consent. Keep copies of every notice and email.
The short version
| A Florida resident's rights include | A Florida resident's rights do not include | |
|---|---|---|
| Notice | 45 days' written notice in an ALF | A right to stay when needs exceed the license |
| Contract | Written rates, charges and refund terms | A cap on how much rates may rise |
| Advocacy | Free help from the ombudsman program | A free private attorney |
Built from Chapters 400, 408, 429 and 651 of the Florida Statutes, Fla. Admin. Code chapters 59A-4, 59A-36 and 65A-2, and AHCA, DCF, OIR, Elder Affairs, CMS, VA and CareScout publications cited on the page; see our editorial standards.
