Nursing Home Rights in Florida: What You Need to Know About Care Plans and Grievance Procedures

At our Florida estate planning and elder law firm, we want to ensure your loved ones receive the personalized care they deserve in nursing facilities. This article outlines important rights for nursing home residents in Florida and what to do when facilities fall short of their obligations.

Person-Centered Care is a Right, Not a Privilege

Florida nursing homes must provide individualized care that respects each resident's unique preferences. Contrary to what some facilities might suggest, they cannot force all residents to:

• Wake up at the same time
• Participate in the same activities
• Eat identical meals
• Follow rigid schedules that ignore personal preferences

A one-size-fits-all approach contradicts the legal requirement for person-centered care plans under Florida law.

Your Right to Reasonable Accommodations

Nursing facilities must make reasonable adjustments to honor resident preferences. If your loved one has specific needs or desires regarding their care, these should be:

• Documented in writing
• Formally added to their care plan
• Incorporated into their minimum data set (MDS)

This documentation ensures staff must follow these preferences rather than treating them as optional requests.

Staffing Requirements and Care Obligations

A common issue families face is facilities claiming they lack adequate staff to meet resident needs. Under Florida law, nursing homes cannot:

• Refuse care because they're understaffed
• Require you to hire private duty aides
• Claim they need more than one caregiver if that's what's required for proper care

Nursing facilities are legally obligated to maintain appropriate staffing levels to provide all reasonably necessary care for every resident.

What to Do When Care Falls Short

If a nursing facility isn't meeting care plan requirements, ignoring reasonable requests, or suggesting you hire additional help, take these steps:

1. File a Formal Grievance Every Florida nursing home must have a designated grievance officer and process for addressing concerns. Submit your complaint in writing to create a paper trail.
2. Contact the Long-Term Care Ombudsman If your grievance doesn't resolve the issue, reach out to the Long-Term Care Ombudsman program through the Florida Department of Elder Affairs. They advocate for residents when facilities fail to provide adequate staffing or unreasonably deny reasonable preferences.

Resources for Florida Families

For more information on protecting your loved ones in nursing facilities:

• Visit our website: elderneedslaw.com
• For Medicaid planning guidance: medicaidplanninglawyer.com
• Get our book: "Medicaid and Some of Your Long-Term Care Expenses"

This article is part of our nursing home information series designed to help Florida families protect their elderly loved ones. We're committed to providing valuable information to families throughout Florida. Contact our office today to discuss how we can help with your specific situation.