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Florida statutes and your rights as a nursing home resident

If you are about to enter a Florida nursing home, you and your family should be familiar with the rights you will have as a resident. Those rights appear in the 2018 Florida Statutes, Title XXIX, Chapter 400.

Here are nine examples.

1. Rules and regulations

The resident has the right to receive a copy of the rules and regulations of the nursing home facility and to know what his or her responsibilities are.

2. Services and charges

The facility should inform the resident orally and in writing of all the services available and the charge for such services

3. Inspection results

If a state or federal agency inspects the nursing home, the resident may request to see the results.

4. Private communications

The resident has the right to private, uncensored communication, such as sending letters, making phone calls and receiving visits of family and friends during appropriate visiting hours.

5. Financial affairs

The resident has the right to either manage his or her finances or to assign this task to a licensee.

6. Medical condition and treatment

The resident has a right to information about his or her medical condition and proposed treatment or change in treatment.

7. Medication refusal

The resident has the right to refuse medication or medical treatment. The nursing home must explain the consequences of this decision both to the resident and his or her legal representative.

8. Privacy

The resident is entitled to privacy both with respect to treatment and personal needs, except in instances concerning safety or assistance requirements.

9. Freedom from abuse

The nursing home resident has a right to freedom from physical and mental abuse, from involuntary seclusion and from the use of restraints except for those authorized by a doctor or required in the case of an emergency. The resident must receive fair, courteous and respectful treatment.

Any suspected violation of the rights of a nursing home resident is grounds for action and triggers the need for a legal response. The law confirms that anyone who lodges a complaint may have immunity from criminal or civil liability. 


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