Florida Assisted Living – Laws and Regulations

Assisted living facilities, memory care centers, and nursing homes once were beleaguered by negative perceptions arising from stories of elder abuse or neglect. However, these types of facilities have evolved significantly in recent decades, and there are currently laws and regulations that govern the treatment provided by their staff and administration. This article will discuss the basic Florida laws associated with assisted living facilities under their jurisdiction. Florida assisted living facilities are licensed and regulated by the Agency for Healthcare Administration and are required to meet stringent standards to maintain their license in good standing. ALFs are expected to submit to routine audits to make sure that they are observing all state regulations.

• • Service Plans: When a senior is planning to move into a new facility, they are required to undergo a thorough medical exam and meet with the administration to develop an individualized service plan appropriate for their care. This medical record will document specific needs and expectations as to medical protocols, medication management, and specific physical requirements. Service plans are reviewed on a monthly basis, evaluated by a medical professional, and revised if necessary.
  • Admission Requirements: Florida regulations dictate that assisted living facilities (ALFs) are required to show that they are adequately equipped to meet each individual’s needs. In most cases, ALFs can allow admittance to seniors capable of engaging in social activities, who need minimal mobility assistance, and who can successfully perform ADLs with little to no assistance. Assisted living facilities are not permitted to admit residents who present a threat to themselves or others. Those who require 24-hour nursing or medical assistance or are bedridden are ineligible for admission.
  • Scope of Care – Licensure: All Florida assisted living facilities must have a Standard license to operate, which allows the staff to provide limited medication assistance, housing, social activities, and assistance with ADLs. Other licensure categories, such as Limited Nursing Services, Limited Mental Health, and Extended Congregate Care (ECC) licenses, may permit the community to provide more advanced assistance, including with specific ADLs and mental or cognitive health issues.
  • Medicaid Policy: Florida Medicaid will not subsidize assisted living expenses, but there are programs that offer to repay the beneficiary for any personal care costs incurred in an ALF.  Those eligible for nursing homes may be compensated via Florida’s Long-Term Care Waiver.
  • ALF Requirements: Florida assisted living facilities must follow specific logistical requirements to make sure that senior residents live in a safe, supportive, clean, and comfortable environment. Facilities have the choice to offer private apartments or shared space single- and multiple-occupancy bedrooms. Private ALFs must provide at least 80 square feet per resident, and multiple occupancy accommodations allow no more than two residents (typically a married couple.) At least 35 feet of living and dining space must also be provided for multi-resident apartments.
  • Staffing and Training: All Florida assisted living facilities must employ sufficient onsite direct care staff to satisfy the required staff-to-resident ratios. Facilities that have Limited Nursing Care or Extended Congregate Care licensing must have a staff nurse. When hired as an ALF employee, direct care staff attend a training orientation created by the Department of Elder Affairs.
  • Background Checks and Abuse Prevention: Robust background checks are required of all assisted living personnel – employees, administrators, owners, and board members. No one associated with an ALF is permitted to have any history of violent behavior, abuse, neglect, or exploitation.

  All assisted living facilities in Florida must meet the same requirements, but amenities and services may vary. At My Care Finders, we work to help families find the best assisted living facility for their needs and budget. If it is time for your family to begin the search for the right senior care residence, call for a consultation. Remember, our services are always FREE.