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Understanding Nursing Home Visitation Rights in Florida

Understanding Nursing Home Visitation Rights in Florida
Elder Law
Jason Neufeld
May 12, 2025

Florida residents with loved ones in nursing homes should know about important visitation rights that federal law guarantees. As a Florida estate planning and elder needs attorney, I want to make sure you're fully informed about these protections.

Watch our comprehensive guide: 

Federal Nursing Home Reform Law: What You Need to Know

The federal Nursing Home Reform Law requires all nursing facilities to provide an environment that's as homelike as possible. This includes significant provisions about visitors:

  • Residents can receive visitors at any time of day or night
  • There are no restricted visiting hours at nursing homes
  • Anyone the resident wishes to see has the right to visit
  • This applies to all friends and family members

When Can Visitation Be Limited?

There are only a few specific circumstances when a nursing home can restrict a visitor:

  • The visitor is being disruptive
  • The visitor is physically violent
  • The visitor is ill and might pose a health risk
  • The visitor presents a threat to other residents or staff

Nursing Homes vs. Assisted Living Facilities: Important Differences

It's worth noting that these rules apply specifically to nursing homes. Assisted living facilities in Florida follow different regulations:

  • Assisted living facilities can establish visiting hours
  • These hours typically must fall between 9am and 9pm
  • Each facility may have its own specific policies

Knowing Your Rights Matters

When placing a loved one in a nursing home facility, knowing these rights can help you maintain important connections and ensure proper care. The ability to visit at any time also allows family members to check on their loved one's well-being at different times of day.

Get Help Navigating Elder Care Laws

For more guidance on elder law matters in Florida, including nursing home rights, Medicaid planning, and estate planning, contact our office. We focus on protecting seniors and their families.

Additional Resources:

Read our book: "How Medicaid Can Pay for Some of Your Long-Term Care Expenses"

Jason Neufeld

Jason Neufeld is the Founder and Managing Partner of Elder Needs Law, a Florida estate planning and elder law firm he created in 2017. With more than 15 years of experience practicing law, he represents clients in a wide range of legal matters, including Medicaid planning, estate planning, elder law, probate, Medicare, and life insurance.

Jason received his Juris Doctor from the University of Miami — School of Law and is a member of the Florida Bar and the Broward County Bar Association. He has received numerous accolades for his work, including being named a Rising Star and Super Lawyer by Super Lawyers and among the Florida Legal Elite by Florida Trend in 2024.

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