Daytona Beach Senior AdvisorWhat rights do Florida ALF residents have?
Section 429.28 gives every resident a bill of rights covering a safe and decent living environment free from abuse and neglect, dignity and privacy, unrestricted private communication, management of one's own finances, free choice of physician and pharmacy, and at least 45 days' notice before relocation or termination of residency.
Facilities must post these rights with the ombudsman program's number. Moving into an ALF removes none of a resident's civil or legal rights, and a facility may not retaliate against a resident who complains.
How much notice must an ALF give before discharge?
At least 45 days in writing, stating the reasons and telling the resident that he or she may contact the State Long-Term Care Ombudsman Program at its statewide number, unless a physician certifies an emergency transfer to more skilled care or the resident's behavior harms or offends others.
For a resident adjudicated incapacitated, the notice goes to the guardian. Forty-five days is the legal floor; a contract may promise more.
What has to be in the residency contract?
Under s. 429.24 the contract must describe the services and accommodations, the rates and charges, what the base rate includes 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 closely at level-of-care fees, medication management charges, and what happens to rent and deposits during a hospital or rehab stay. Continuing care contracts fall under Chapter 651 instead.
What should we do after receiving a discharge notice?
Get the notice and its 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 while the hearing process runs.
Which rules protect nursing home residents?
The nursing home residents' rights in s. 400.022, Florida Statutes, together with federal Medicare and Medicaid participation requirements, which AHCA enforces through surveys it carries out for CMS and which the ombudsman program also monitors.
CMS publishes each certified home's inspection results and federal fines; our nursing home pages show them as CMS publishes them.
At a glance
| A Florida ALF resident has the right to | A Florida ALF resident does not have the right to | |
|---|---|---|
| Notice | 45 days' written notice before a non-emergency discharge | Stay once needs exceed the license |
| Money | Manage his or her own finances | A permanent freeze on rates |
| Advocacy | Free help from the ombudsman program | A free lawyer in every dispute |
Sources: Chapters 408, 429 and 651, Florida Statutes; Florida Administrative Code chapters 59A-36 and 65A-2; publications of AHCA, DCF, OIR and the Department of Elder Affairs; and the CareScout and VA tables named on the page. See our editorial standards for how figures are checked.
