Elderly Lives Matter®

Must Florida nursing homes have a 24/7 nurse? 

On Behalf of | Nov 21, 2024 | Nursing Home Abuse and Neglect

When your elderly relative lives in a nursing home, you expect them to be secure and safe. If they have specific medical requirements, then you also expect these to be catered for. 

The majority of nursing homes take their legal duty of care seriously, which is why they have at least one registered nurse available 24/7. Is this a legal requirement? 

Nursing homes must meet specific standards 

The law on nursing staff is set out in section 23 of chapter 400 of the Florida Statutes. The key points are as follows: 

  • At least one registered nurse must be on duty for at least 8 consecutive hours every day. 
  • Facilities must have no less than one licensed nurse per 40 residents. 
  • Residents must have access to at least one hour of direct care per day provided by a licensed nurse. 
  • A registered nurse must be available 24/7 in case of medical emergencies. 

Residents of nursing homes must have their medical needs addressed even outside of regular business hours. 

Who regulates nursing home staffing? 

The staffing requirements of nursing homes are monitored at both a state and federal level. The federal agency that sets staffing standards is the Centers for Medical & Medicaid Services (CMS). The state agency is the Florida Agency for Healthcare Administration (AHCA). If your concerns about staffing levels are not addressed by the facility, then you can file a complaint with either or both of these agencies. 

Nursing staff levels in long-term care facilities ensure that the medical needs of your elderly relative are covered. If you feel that these needs have not been met, you may want to seek legal guidance.   

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