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Residents' Rights

When admitted to a long-term care facility, an individual maintains his or her rights as a citizen and also gains a special set of residents' rights, which are mandated by federal and state law. These rights are outlined based on the type of facility (nursing homes, assisted living facilities and adult family care homes).

For Residents of Nursing Homes

According to Section 400.022, Florida Statutes:

Nursing home facilities shall adopt and make public a statement of the rights and responsibilities of the residents and shall treat such residents in accordance with the provisions of that statement. Each resident shall have the right to:
Also, federal law prevents nursing homes from discharging (removing) or transferring (moving to another facility) a resident except for the following reasons:
A nursing home must give residents 30 days written notice prior to discharge or transfer. A resident who thinks the above rights have been violated must request a hearing in writing within 90 days by sending the form given to them by the facility to: Office of Appeals Hearings, 1317 Winewood Boulevard, Building 5, Room 203, Tallahassee, FL 32399-0700. (Telephone: 1-850-488-1429)

Requesting a hearing within 10 days stops the removal of the resident until the hearing process is completed. A nursing home resident may request assistance from the Long-Term Care Ombudsman Program by calling toll-free 1-888-831-0404.

For Residents of Assisted Living Facilities and Adult Family Care Homes

According to Section 429.28 and 429.85, Florida Statutes:
Also, every assisted living facility resident shall have the right to at least 45 days' notice of relocation or termination of residency from the facility unless, for medical reasons, the resident is certified by a physician to require an emergency relocation to a facility providing a more skilled level of care or the resident engages in a pattern of conduct that is harmful or offensive to other residents. In the case of a resident who has been adjudicated mentally incapacitated, the guardian shall be given at least 45 days' notice of a non-emergency relocation or residency termination. Reasons for relocation shall be set forth in writing. In order for a facility to terminate the residency of an individual without notice as provided herein, the facility shall show good cause in a court of competent jurisdiction.

Every adult family care home resident shall have the right to at least 30 days' notice of relocation or termination of residency from the home unless, for medical reasons, the resident is certified by a physician to require an emergency relocation to a facility providing a more skilled level of care or the resident engages in a pattern of conduct that is harmful or offensive to other residents. If a resident has been adjudicated mentally incompetent, the resident's guardian must be given at least 30 days' notice, except in an emergency, of the relocation of a resident or the termination of a residency. The reasons for relocating a resident must be set forth in writing.

An assisted living facility resident or adult family care home resident may request assistance from the Long-Term Care Ombudsman Program by calling toll-free 1-888-831-0404.