Assisted living residences in Florida are governed by a comprehensive set of laws and regulations. Some important laws and regulations to keep in mind are as follows:

Assisted Living Service Plan Requirements

A resident of an ALF must undergo a medical examination prior to the development of their service plan. The examination can be done up to 60 days before admission and up to 30 days after admission into an ALF. A service plan is designed by a team made up of the resident, his or her representatives, his or her physician or nurse and the ALF administrator. The goal of the service plan is to meet the resident’s needs and to improve the resident’s quality of life.

Assisted Living Admission Requirements

An ALF will admit adults who are able to perform daily tasks, such as eating, dressing, grooming, walking and transfers with some assistance or supervision. They should be able to participate in social activities and not be a danger to others or themselves. They should not need 24 -hour nursing or medical care.

Assisted Living Scope of Care

Different levels of care are provided depending on the type of license an ALF has. A standard ALF is required to provide housing, meals, and one or more personal care services, such as help with daily activities and help with self-administration of medication (like reading labels, opening bottles, storing medication). Three meals per day and snacks, including special or therapeutic diets, must meet the physical and nutritional needs of residents as determined by their health care provider and must meet the current U.S. Department of Agriculture Dietary Guidelines for Americans, 2010 and the current summary of Dietary Reference Intakes established by the Food and Nutrition Board of the Institute of Medicine of the National Academies.

Assisted Living Medicaid Policy

Medicaid is accepted in many ALFs in Florida either to supplement the cost or to cover certain services that residents may need.

Assisted Living Facility Requirements

Each assisted living residence location must be licensed with the state individually. Licenses will specify the type of care the facility is eligible to provide. Extended licenses can be granted in the event a current resident requires care beyond the scope of the current license to prevent the need to move to a new community.

Medication Management Regulations

Only licensed nurses and residents of ALFs can administer medication, but residents who are taking it themselves may receive help from a non-licensed staff member in tasks that relate to taking medication such as retrieving and storing medication, reading labels and opening bottles.

Staffing Requirements

Every ALF must have an administrator, direct care staff (certified nursing assistants or home health aides) and a staff member who is certified in first-aid and CPR. The administrator supervises staff, operations, maintenance and care of residents. Direct care staff assist residents with personal care activities. Licensed nurses are only required in ALFs licensed for special care, such as in an LNS and ECC. Florida does require a minimum number of staff based on the number of residents in the ALF and also mandates adequate staffing to supervise residents and to fulfill their service plans.

Staff Training Requirements

The Department of Elder Affairs requires administrators to take 26 hours of core training and a competency test. In addition, administrators must complete 12 hours of continuing education every two years. Direct care staff have to complete 1 hour of in-service training per year covering infection control and sanitation procedures as well as 3 hours of training per year in assisting residents in daily tasks and meeting their personal care needs.

Background Checks for Assisted Living

Anyone employed in a Florida assisted living community must submit to a Level 2 background screening as a condition of their employment, and every five years once employed. This screening includes fingerprint submission to the Federal Bureau of Investigation. Some of the disqualifying criminal charges include:

• Felonies
• Medicaid fraud
• Domestic violence
• Identity theft
• Forgery

Requirements for Reporting Abuse

Florida defines adverse incidents as any incident within the facility's control which results in the resident's death or injury, failure to honor advance directives, a criminal event or resident elopement if it places a resident in harm's way. In the event of an adverse incident, Florida law requires assisted living communities submit a preliminary report within one business day and a full report within 15 days to the Florida Department of Elder Affairs. The department also has an abuse hotline: 1-800-96-ABUSE (1-800-962-2873).