Florida Nursing Home Discharge Rules: What Families Need to Know

When a nursing home plans to discharge your loved one, knowing Florida's specific rules can help you protect their rights. This guide outlines the key points about nursing home discharges in Florida and what steps you can take if you face this situation. 

Florida's Required Notice Period

Florida law mandates that nursing homes provide written notice before discharging residents:

• 30 days minimum notice for most residents
• For stays under 30 days, "reasonable notice" must be given

The discharge notice must clearly state:

• The specific reason for discharge
• The exact date when discharge will occur
• Where the resident will be transferred to

Valid vs. Invalid Discharge Reasons

When Discharges Are Permitted

Florida nursing homes can legally discharge residents when:

• The facility cannot meet the resident's medical needs
• The resident's health has improved enough to no longer need services
• The resident poses a safety risk to others
• The resident has failed to pay after reasonable notice
• The facility is closing

When Discharges Are Not Permitted

A nursing home cannot discharge a resident simply because:

• Medicare coverage has ended (if the resident can pay privately or qualifies for Medicaid)
• The resident has developed challenging behaviors related to their condition
• Staff finds the resident "difficult"
• The facility wants to make room for a higher-paying resident

Your Rights During Discharge

Under Florida law, nursing home residents have the right to:

• Appeal the discharge decision
• Remain in the facility during the appeal process
• Request assistance from the Long Term Care Ombudsman
• Access their medical records
• Participate in discharge planning

Taking Action Against Improper Discharge

If you believe a discharge is improper:

1. Request a formal review of the discharge notice
2. Contact Florida's Long Term Care Ombudsman at 1-888-831-0404
3. File a complaint with the Agency for Health Care Administration
4. Consider consulting with an elder law attorney

Planning for a Proper Transition

When discharge is appropriate and necessary:

• Participate actively in discharge planning meetings
• Visit potential new living arrangements
• Ask for a written discharge plan
• Ensure medication lists and care instructions are provided
• Request follow-up care information

Get Professional Help

For families facing nursing home discharge issues, professional guidance makes all the difference.

For comprehensive information about protecting your loved one's rights, check out "Medicaid Can Pay for Some of Your Long-Term Care Expenses," available on Amazon.

Visit elderneedslaw.com or medicaidplanninglawyer.com to learn how we help Florida families handle nursing home issues while protecting their rights and assets.

By knowing these rules and where to turn for help, you can better advocate for your loved one during the discharge process.

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