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The 2023 Florida legislative session closed on May 5, 2023. This legislative session was active and passed approximately 200 bills, some of which impact nursing home facility residents. Governor Ron DeSantis signed the amended Nursing Home Residents’ Bill of Rights into law on May 11, 2023, with an effective date of July 1, 2023.

The specific bills dealing with nursing home facilities are the CS/CS/HB 1471: Health Care Provider Accountability bill and the CS/SB 558: Certified Nursing Assistants bill.

CS/CS/HB 1471: Health Care Provider Accountability

CS/CS/HB 1471 revises the rights of licensed nursing home facility residents; creates a cause of action for ex parte  (As a legal term, “ex parte” is used to refer to motions for orders that can be granted without waiting for a response from the other side. Generally, these are orders that are only in place until further hearings can be held.); temporary injunction against continued unlicensed activity and authorizes the ACHA (Florida Agency for Health Care Administration) to provide records to local law enforcement and state attorneys' offices, along with other provisions affecting office surgeries and physicians.

In amending the Residents’ Bill of Rights, the new law guarantees nursing home residents the right to be free from sexual abuse, neglect, and exploitation. (These terms are to have the same meaning as provided in the Medicare rules in 42 C.F.R. Section 483.5.)

Nursing homes must amend their statements of rights and responsibilities to include the required information and provide every resident, or the resident’s representative, with this information at or before their admission to the nursing home. They also must provide each member of the staff with the revised statement, along with current residents or their representatives. 

CS/SB 558: Certified Nursing Assistants

Certified Nursing Assistants (CNAs) are on the nursing home staff. The 2023 Florida legislature passed CS/SB 558 to make changes to the designation of CNAs.

CS/SB 558 authorizes nursing home facilities to allow their registered nurses to delegate certain tasks to certified nursing assistants who meet specified criteria; providing for the designation of such certified nursing assistants as qualified medication aides (QMAs); requiring that medication administration be included in certain performance improvement activities tracked by nursing homes in accordance with federal regulations; providing that the time spent by certified nursing assistants performing the duties of a QMA may not be included in the computing of certain minimum staffing ratio requirements for direct care provided to residents.

CNAs must fulfill certain requirements to obtain a QMA designation. They must:

• Hold a clear and active CNA certification for at least one year preceding the delegation.
• Complete 40 hours of training that consists of the 6-hour training course currently required for a CNA to administer medication in a home health setting and a 34-hour course specifically for QMAs that was developed by the Florida Board of Nursing.
• Successfully complete a supervised clinical practice in medication administration conducted in the nursing home.

Florida Nursing Home Abuse is Serious in Florida

Nursing home abuse and neglect is a serious problem in Florida. The Tampa Bay Times reported that there were over 80 serious violations in Florida nursing homes in 2022. These 80 serious violations are known as Class 1 deficiencies and are the most severe citations Florida can levy against facilities. They require “immediate corrective action” to protect residents from serious injuries or neglect.

Lindsay Peterson, a long-term care researcher and professor at the University of South Florida School of Aging told The Tampa Bay Times, “A family member needs to read the (inspection) report,” she said. “What actually happened? It’s just a matter of thinking about what went wrong and why that went wrong.”

Fort Myers Nursing Home Abuse Attorneys Assist Injured Nursing Home Residents

"It is important that nursing home residents and/or their representatives are aware of all changes in Florida’s laws that affect them. When nursing home residents are injured because of the negligence of a nursing home and its staff, it is often very serious. Please contact Spivey Law Firm, Personal Injury Attorneys, P.A. after seeking medical attention. We have seen the devastation families endure when their loved one whom they expect to be protected is not. You may reach us 24/7 at 239.337.7483, toll-free at 1.888.477.4839, or contact us online at SpiveyLaw.com. There are no costs or attorney fees until we receive a monetary recovery for you,” said Fort Myers Nursing Home Attorney Randall Spivey.