Faced with increasing public concern over the quality of care in nursing homes, the state of Florida and the federal government established a set of regulations significantly changing the manner in which these facilities treat their residents.
These regulations define minimum standards of care; intend to “promote and protect the rights of each resident”; and aim to provide residents with a higher quality of life. Under these regulations, nursing homes are required to “provide residents with regular evaluations, complete care plans, nursing services, social services, rehabilitation, pharmaceutical care, dietary services, and a full-time social worker.” To ensure that residents are aware of these and other rights, the guidelines must be displayed in every facility, along with a contact number for the Florida’s long-term care ombudsman.
If you believe your loved one’s rights have been violated, our attorneys may be able to help. Please fill out our free, no obligation case review form for more information.
Nursing Home Reform Act
The federal Nursing Home Reform Act, a federal law enforced in Florida and all other states, establishes a baseline for the level of care that is required in nursing homes and long-term care facilities. The Act requires nursing homes to “provide services and activities to attain or maintain the highest practicable physical, mental, and psychosocial well-being of each resident in accordance with a written plan of care.” Both government and Florida state inspection of facilities are required, and sanctions will be imposed if violations of the Act are uncovered.
Some of the most significant changes to nursing home care requirements include:
- An emphasis on enhancing residents’ quality of life and care;
- Opportunities on and off premises for potential and current residents with mental illnesses to be properly diagnosed and treated;
- Uniform certification standards for Medicare and Medicaid homes;
- A new assessment process designed to develop an individualized care plan for residents;
- Stricter punishments and citations for facilities that fail to meet federal minimum care standards;
- Provision of services and activities allowing residents to reach their highest mental and physical peak.
How to Seek Help if You Believe Your Rights Have Been Violated
Nursing home residents are entitled to all rights granted to citizens of the United States, as well as special “resident rights” provided by Florida state law. Complaints and concerns of a violation of any of these rights can be filed by the resident, the resident’s family, nursing home staff, or anyone concerned with the level of care the resident is receiving.
These complaints can be filed with the facility itself, an advocacy group, or relevant government agency, including:
Florida’s Long-Term Care Ombudsman Program: A specially trained and certified individual will investigate the situation and attempt to resolve the issue. The ombudsman role is “to protect the legal rights of residents and assure that they receive appropriate treatment and quality care.” To file a complaint with a local chapter of the Florida Ombudsmen Program, a complaint may be filed in person, in writing, or by calling 888-831-0404.
Florida Abuse Hotline: The hotline is committed to providing protective services for residents who are mistreated. Florida State law mandates that any abuse, neglect, or threatened harm is reported to 800-962-2873.
Agency for Health Care Administration: Complaints of violations can be reported to this agency, which handles licensing and regulation of nursing homes in Florida by calling 888-419-3456.
Elder Helpline: The Department of Elder Affairs can provide information on how to seek help if you believe a loved one’s rights have been violated. Call 800-963-5337 for more information or to file a complaint.
Medicaid Fraud Control Unit: This unit investigates reports of corruption, abuse, and neglect in nursing homes. Contact 866-966-7226 or visit myfloridalegal.com for more information.
If you believe a loved one in a nursing home is a suffering from abuse and/or negligence, please fill out our no charge case review form to learn more about how our attorneys may be able to help you.