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According to August 2022 data, U.S. News & World Report showed there were 698 nursing homes in Florida, of which 45 received a rank of 5 out of 5, just 6.3 percent of the total. Data for both short-term and long-term ratings were primarily obtained from Care Compare, the Centers for Medicare and Medicaid Services’ (CMS’s) public reporting site. Ratings covered structure, process, and outcomes. 

• Structure refers to resources connected with resident care, such as the staffing level or consistency of nurses, or ownership status of the home.
• Process refers to how diagnoses, treatments, and practices to avoid harm to residents and other care is rendered. For example, whether steps known to be effective in preventing infections and medical errors or improving resident health are built into nursing home routines.
• Outcomes refers to the results of care, such as whether a resident experiences a hospitalization or an emergency department visit, or whether a short-term resident ultimately returns home following the nursing home stay.

Laws Regulating Nursing Homes

There are both state and federal laws to which nursing homes must comply.

• Chapter 400 of the Florida Statutes shows the requirements for the operation of nursing homes, some of which include licensing, resident rights and ratios, infection control, and dietary services. The Florida Agency for Health Care Administration and Licensing (AHCA) administers the Florida regulations.
• The CMS establishes minimum standards for care to ensure quality care for nursing homes to receive federal funding and reimbursement for services.

Nursing Home Inspections

The AHCA routinely inspects and surveys Florida nursing homes to insure they are following regulations. The surveys evaluate resident rights, nursing services, infection control, medication administration, and the nursing home’s environment. AHCA surveyors conduct interviews with patients, families, staff, review nursing home records, and observe the nursing home’s daily environment.

Complaint Reviews

AHCA investigates complaints against nursing homes. These complaints may come from the staff, residents, families, or any concerned individuals. Investigations may involve on-site visits, combined with recording reviews and conducting interviews.

State Quality Improvement Program

Quality improvements are promoted through the Florida Quality Improvement Organization (QIO). The purpose of QIO is to collaborate with nursing homes to enhance the delivery of care, reduce hospitalizations, and improve resident outcomes. QIOs educate, train, offer technical assistance, and support the implementation of evidence-based practices. They focus on the overall quality of nursing homes.

Failing Nursing Home Reviews

If deficiencies become evident, the AHCA may take actions that include fines, penalties, or imposing corrective measures with a time limit for completion. Should a nursing home not take corrective measures, its license to operate may be denied, revoked, or suspended.

Florida Statute 400.414 Denial, revocation, or suspension of license; imposition of administrative fine; grounds --

(1)  The agency may deny, revoke, or suspend any license issued under this part, or impose an administrative fine in the manner provided in Chapter 120, for any of the following actions by an assisted living facility, for the actions of any person subject to level 2 background screening under s. 400.4174, or for the actions of any facility employee:

(a)  An intentional or negligent act seriously affecting the health, safety, or welfare of a resident of the facility.

(b)  The determination by the agency that the owner lacks the financial ability to provide continuing adequate care to residents.

(c)  Misappropriation or conversion of the property of a resident of the facility.

(d)  Failure to follow the criteria and procedures provided under part I of chapter 394 relating to the transportation, voluntary admission, and involuntary examination of a facility resident.

(e)  A citation of any of the following deficiencies as defined in s. 400.419:

1. One or more cited class I deficiencies.
2. Three or more cited class II deficiencies.
3. Five or more cited class III deficiencies that have been cited on a single survey and have not been corrected within the times specified.

(f)  A determination that a person subject to level 2 background screening under s. 400.4174(1) does not meet the screening standards of s. 435.04 or that the facility is retaining an employee subject to level 1 background screening standards under s. 400.4174(2) who does not meet the screening standards of s. 435.03 and for whom exemptions from disqualification have not been provided by the agency.

(g)  A determination that an employee, volunteer, administrator, or owner, or person who otherwise has access to the residents of a facility does not meet the criteria specified in s. 435.03(2), and the owner or administrator has not taken action to remove the person. Exemptions from disqualification may be granted as set forth in s. 435.07. No administrative action may be taken against the facility if the person is granted an exemption.

Nursing Home Residents’ Rights

"When nursing home residents are injured because their nursing home or its staff were negligent in caring for them, they have rights provided for them by law. Our Fort Myers nursing home legal staff protects and aggressively fights for the rights of nursing home residents. After seeking medical attention, please contact Spivey Law Firm, Personal Injury Attorneys, P.A. 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.

When injured nursing home residents become our clients, we immediately start preparing the personal injury lawsuit to obtain past and future medical expenses related to the injury, disability, and disfigurement caused by neglect, aggravation of pre-existing conditions, and if applicable, pain and suffering and punitive damages,” said Attorney Randall Spivey.