Published on 06/01/2018 2:17 am
FLORIDA NURSING HOME RESIDENTS RIGHTS BEFORE DISCHARGE

The Long-Term Care Ombudsman Program investigates deviations of Florida nursing home resident’s rights in, including complaints of nursing homes prematurely discharging / transferring except for the following reasons:

  • The resident's welfare cannot be met at the facility.
  • The resident's health has improved sufficiently so the resident no longer needs the services provided by the facility.
  • The health or safety of individuals is endangered.
  • The resident has failed, after reasonable and appropriate notice, to pay or have paid under Medicare or Medicaid for residence at the facility.
  • The facility closes.

The long term care ombudsman program is a division of the Florida Department of Elder Affairs and is separated into 13 Florida districts that investigate and resolve complaints made by (or on behalf of) those in assisted living facilities (ALF) and residents of nursing homes (skilled nursing facilities).

A nursing home must give residents 30 days written notice prior to discharge or transfer. A resident who thinks their rights have been violated (to avoid premature discharge or a number of other rights, such as: private communication, visitation rights, refuse treatment, be informed of medical conditions/proposed treatment, be treated courteously, fairly and with dignity, and more) must request a hearing in writing within 90 days by sending the form given to them by the facility to:

Office of Appeals Hearings | Telephone: 850-488-1429

1317 Winewood Boulevard, Building 5, Room 203,

 Tallahassee, FL 32399-0700.

Requesting a hearing within 10 days (rather than 30) 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 888-831-0404. 

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