Latest Blogs

According to the Agency for Health Care Administration, there are 691 licensed nursing homes in Florida, representing approximately 84,448 beds. These homes have roughly 85 percent occupancy at any given time, housing an estimated 71,000 residents.

Florida nursing home health and safety violations almost doubled since 2019. In 2022, there were 83 Class 1 deficiencies cited by state investigators when they inspected nursing homes and long-term care facilities. Class 1 deficiencies mandate immediate corrective action because they put residents in imminent danger of physical harm or even death. Class 1 deficiencies are a small portion of violations that inspectors find in Florida nursing homes and long-term care facilities. However, staffing issues, training issues, supervision issues, cleanliness issues, and other issues, all can lead to the mistreatment of nursing home and long-term care facility residents.

The Centers for Medicare and Medicaid Services (CMS) recently took a “last resort” step in trying to remedy the Destin Healthcare and Rehabilitation Center’s Class 1 deficiencies by stopping its Medicare and Medicaid funding. The facility received the most Class 1 deficiencies in the state of Florida in 2022.

“When entering a Florida nursing home or long-term-care facility, residents do not give up their rights at the door. They maintain their rights as citizens of the United States, but also have special rights that are mandated by the State of Florida,” said Fort Myers Nursing Home Abuse Attorney Randall Spivey of Spivey Law Firm, Personal Injury Attorneys, P.A.

Florida Protection Laws

According to the Florida Ombudsman Program, whose mission is to improve the quality of life of all Florida long-term care residents, Florida Statute 400.022 says 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.

Some of these rights include, but are not limited to, the right to:

• Visitation by any individual providing health, social, legal, or other services and the right to deny or withdraw consent at any time.
• Examine results of recent facility inspections by federal and state agencies including the plan of correction if applicable.
• Be fully informed, in writing and orally, of services available at the facility and related charges for such services.
• Refuse medication and treatment and know the consequences.
• Receive adequate and appropriate health care, protective, and support services within established and recognized standards.
• Privacy in treatment and in caring for personal needs.
• Be informed of a medical condition and proposed treatment and be allowed participation in planning.
• Choose a physician and pharmacy.
• Have copies of the rules and regulations of the facility.

Future Needs for Quality Florida Nursing Home and Long-term Care Facilities

The Florida Department of Elder Affairs Demographic Profiles and Statistics reports the following:

• People aged 65 and older currently make up about 20 percent of Florida’s population.
• By 2030, more than one in four Floridians will be part of this age group.
• Florida will add a quarter-million additional residents each year through 2030, and the majority of these new residents – 57 percent of them – will be aged 60 and older.
• Between 2015 and 2050, the age 85+ population is projected to more than triple. 

“The demand for nursing homes and long-term care facilities continues to increase. There are many quality residential options for those in need. However, should you or a loved one be seriously injured because of the negligence of a nursing home or assisted living facility, please contact the Fort Myers nursing home abuse lawyers 24/7, after seeking medical attention. There are no costs or attorney fees until a monetary recovery is received,” said Attorney Spivey. “Please contact us at 239.337.7483, toll-free at 1.888.477.4839, or online at SpiveyLaw.com.”