Unfortunately, assisted living facilities and nursing homes have sometimes had abuse allegations against them in the past. The stories of neglect or abuse, even if they did not reflect the industry as a whole, can cause worry and concern. To combat any potential abuse situations, there are several laws and regulations which dictate how your loved one will be treated. Understanding the laws and regulations can empower you and make you feel more at peace with your decision for eldercare. Here are some basic Florida assisted living laws and regulations you should know about.

Florida assisted living facilities are licensed and regulated by the Agency for Healthcare Administration. All facilities under the agency’s control are obligated to meet specific standards to keep their license – and are subject to regular audits to guarantee that the facility remains within legal regulations.

Assisted Living Service Plans: Within a new resident’s initial month at an assisted living facility, they will be subject to a physical exam and consult with facility administrators to create an appropriate individual service plan. This documentation of the resident’s expectations and requirements includes medical and physical needs as well as medication management. Service plans are updated every 30 days and evaluated by a nurse or physician. The service plan works in conjunction with the residential agreement, which outlines the new resident’s rights, responsibilities, and expenses.
Assisted Living Admission Requirements: Florida assisted living facilities (ALFs) are only permitted to onboard new residents if they are appropriately equipped to meet each individual’s needs. ALFs can generally accept people who are able to participate in social activities, who require minimal assistance with mobility, and who can accomplish most ADLs with minimal assistance. Assisted living facilities are not allowed to accept residents who require the use of restraints or who represent a danger to themselves or others. Those who need 24-hour nursing care or need assistance with all ADLs are not able to be admitted for residency. Other circumstances which may disqualify a resident are if they are bedridden, or if they have a debilitating illness.
Scope of Care – Licensure: All Florida facilities must obtain a Standard license to operate legally. This license permits limited medication assistance, housing, social engagement programming, and basic assistance with activities of daily living – such as hygiene, dressing, and eating. Other possible licensure such as Limited Nursing Services, Limited Mental Health, and Extended Congregate Care (ECC) licenses may be obtained to permit facilities to provide more significant assistance with ADLs and mental health care. The ECC license affords the highest level of assistance for individuals with physical or mental disabilities and dementia-related conditions. Properly licensed centers are also allowed to admit independent home healthcare agencies to help residents with further needs. Extended licensing gives seniors the opportunity to age in place rather than being relocated if their condition deteriorates or changes.
Medicaid Policy: Florida Medicaid won’t finance assisted living facilities directly. However, there are several programs that will reimburse the beneficiary for personal care services received in an assisted living facility, while nursing home-eligible residents may be reimbursed under Florida’s Long-Term Care Waiver program. Room and board expenses at Florida assisted living facilities aren’t capped for Medicaid recipients.
Assisted Living Facility Requirements: Florida assisted living laws state that the facility must meet specific logistical requirements to guarantee that residents live in a positive, accessible, and comfortable environment. Facilities may provide either private apartments or single- and multiple-occupancy bedrooms within shared spaces. Regulations require lockable doors, full-use kitchens, a minimum of square footage, and accessibility features for people with reduced visual and functional capacity regardless of living structure. Private assisted living residences must provide 80 square feet per resident at a minimum. Multiple-occupancy rooms are allowed no more than two residents. in addition to the minimum of 60 square feet of usable space per person, at least 35 feet of living and dining space must also be provided for multi-resident apartments. Shared bathrooms must offer one lavatory and one bathing area per every six and eight residents, respectively. In facilities licensed for ECC(Extended Congregate Care) , bathing areas are limited to four occupants.
Staffing and Training Requirments: All Florida ALFs must hire direct care staff, and must keep enough staff on the grounds to meet the required staff-to-resident ratios. Facilities that have Limited Nursing Care or Extended Congregate Care licensing must have a nurse on staff who can provide medication administration. In facilities that have Extended Congregate Care licensure to house disabled or mentally handicapped individuals, staff in those units will be specially trained to care for residents with specific disabilities or dementia.
When hired as an ALF employee, direct care staff undergo a training orientation created by the Department of Elder Affairs. The required administrator training includes a minimum of 26 hours of training on the health and safety of residents; and an additional 12 hours of management training every two years.
Background Checks and Reporting Abuse: Comprehensive background checks are required of assisted living employees, administrators, owners, and board members. An individual cannot be professionally associated with an ALF if they have any past convictions or proven incidence of violent behavior, abuse, neglect, or exploitation. Before lodging a complaint against an assisted living facility, the matter should be taken first to facility administrators. If no resolution is possible, then the Agency for Healthcare Administration will accept complaints regarding facilities that fail to meet state requirements or fulfill their contractual obligations. Their online complaint form can be found at apps.AHCA.MyFlorida.com, or at the Agency’s healthcare provider complaint portal. For the reporting of suspected elder abuse, families should contact Adult Protective Services using the Florida Abuse Hotline at (800) 962-2873. A reporting form can be downloaded by visiting DCF.state.fl.us.