Report Nursing Home Abuse And Elder Abuse In Florida
Report Florida Elder Abuse to DCF by phone: 1-800-962-2873
Report Florida Nursing Home Abuse to DCF online
Report Florida Nursing Home Neglect to the Ombudsman by phone: 1-888-831-0404
Report Florida Nursing Home Abuse to the Florida Ombudsman by email:
Report Nursing Home Abuse in Florida to AHCA by phone: 1-888-419-5337
Reporting Florida Elder Abuse by County:
Directory Of Assisted Living Facilities In Florida
Because finding the right facility can be difficult, we have simplified your research process by compiling our data into an easy to use directory. Below, you will find nearly 1,800 facilities in Florida listed with their relevant information, such as costs, amenities, and Medicaid acceptance status.
Department Of Health Food Safety And Sanitation Program
The Department of Health works with food service establishments as defined by Section 381.0072, Florida Statutes to help ensure their products are not a source of foodborne illness. Generally this includes food service operations located in institutional settings , civic and fraternal organizations, bars and lounges that don’t prepare foods, and theaters that limit their food service to items customarily served at theaters . The codes and standards for food service establishments are found in Chapter 64E-11, Florida Administrative Code.
The Department of Health’s Food Hygiene Inspection Program is risk-based. This means that those facilities that pose a greater risk to the public becoming sick from consuming their product are inspected more often than those that pose a lesser risk. The amount of risk is determined by risk factors. These risk factors include the types of food served, the amount of preparation that is required, the population that is served, and the quantity of food that is prepared. Considering these types of factors are consistent with recommendation from the U.S. Food and Drug Administration. In fact, Annex 5 of the 2013 version of the FDA Model Food Code is devoted to conducting risk-based inspections. High risk facilities are inspected quarterly, which means 4 times per year . Moderate risk facilities are inspected semiannually, which means 2 times per year. Low risk facilities are inspected once per year.
Here are some examples:
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The Department Of Elderly Affairs
The Department of Elderly Affairs is a department of Floridas state government, and works with the Area Agencies on Aging to administer most state programs concerning the elderly. This department offers a long list of social and financial services with the goal of helping seniors remain as active and independent as possible. Services they offer include caregiver respite, transportation, intergenerational social programs, adult protective services, and the administration of multiple helplines providing resources and information.
Visit the Department of Elder Affairs online to view a complete list of free support programs for seniors. The Department can be contacted by calling 963-5337, or by locating your local Area Agency on Aging in the directory below.
The Cost Of Assisted Living In Florida
The average cost of assisted living in Florida is favorable in comparison to most surrounding states. At $3,500, Florida costs are on par with facilities in South Carolina and Mississippi, and are generally less expensive than facilities in North Carolina. The only southeastern states where assisted living is cheaper are Alabama and Georgia, where average income and costs of living are also lower.
Costs of assisted living will vary in different regions of any state, usually skewing higher in more population-dense city centers. Cost variation in Florida can be significant, with the most popular cities for retirement, like Naples, being some of the countrys most expensive areas for assisted living. If Floridas most populated cities are excluded from the state average, the remaining counties have an average cost of only $3,000 per month.
The type or level of assistance that is needed will usually affect an individuals costs for care. For example, in contrast to Floridas average costs of assisted living, nursing home prices in the state are extremely high, approaching $10,000 per month. Home healthcare and memory care services are likely to cost an average of $400 more than assisted living.
Reporting Nursing Home Abuse In Florida
Due to the statute of limitations, those who suspect nursing home abuse should act immediately. If the resident is in immediate danger, steps should be taken to remove the resident from the facility as soon as possible. To report nursing home abuse, residents and their family members can call the Florida Abuse Hotline provided by the Florida Department of Elder Affairs. The Florida Department of Elder Affairs works in conjunction with Adult Protective Services, the Aging Network, and the Department of Children and Families to ensure elder safety and well-being.
400.023: Civil enforcement. The Florida Senate. State of Florida. Web. 28 Sep 2013. < > .
Manos, Tom J. Floridas Nursing Home Reform and its Anticipated Effect on Litigation. Florida Bar Journal. 75.11 : n. page. Web. 28 Sep. 2013. < http://www.floridabar.org/DIVCOM/JN/JNJournal01.nsf/128c8017467c98d385256ad20044c99b/267bbbb49d7e7f4985256b0b0056e7f5?OpenDocument> .
Report Elder Abuse. Department of Elder Affairs. State of Florida. Web. 28 Sep 2013. < > .
FREE Case Evaluation
For Registering Your Complaints Or Requesting Information Use The Following Options:
- To obtain general information about Medicaid. If you have concerns about the services provided under your Medicaid insurance plan, such as transportation, dental services or prescription coverage, or if you want to change your plan, you may also reach our Medicaid Contact Center directly at 1-877-254-1055.To find out if you qualify for Medicaid services, need a replacement Gold card, need to add a family member, or want information about the Medically Needy Program, please call the Department of Children and Families at 1-866-762-2237.
- Available Monday – Friday, 8:00 A.M. to 5:00 P.M., EST. To file a complaint about a health care facility, such as a hospital, nursing home, assisted living facility, home health agency, or other type of health care facility. Your patient care complaint may also be filed at any time, by completing the Health Care Facility Complaint Form located here: Health Care Facility Complaint Form. Please search our FloridaHealthFinder.gov site to see if the facility you have concerns about is one that is regulated by our Agency.
- If you have questions regarding Background Screening results or the Background Screening Clearinghouse. Please visit the Background Screening Unit page at Background Sceening Services
- If you are calling to file a complaint against your Medicaid HMO, need a status on a Medicaid claim or have any Medicaid related Questions. You can also visit the Medicaid page at Florida Medicaid Complaints
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Reporting Nursing Home Abuse Electronically And Anonymously
With the advent of technology, there really is no valid excuse not to report nursing home abuse and neglect. Nowadays, most state agencies allow for anonymous reporting of elder abuse. This is important if you are currently employed by the offending nursing home facility. Additionally, most elder abuse departments receive reports electronically, either through email or an online portal.
With modern technology, reporting nursing home abuse is quick, anonymous and pain free. Take the next step and report nursing home negligence in your state.
Important Building Codes For Assisted Living Facilities
In addition, several key standards, codes, and guidelines are beginning to apply to the building and design of senior living. Accessibility issues are addressed by the Americans with Disabilities Act . The Facility Guidelines Institute Guidelines for the Design and Construction of Residential Health, Care, and Support Facilities, published every four years, provides direction on programming in skilled nursing, or nursing homes, and assisted living.
Building inspectors also make use of the International Building Code , which is updated every three years by the International Code Council. And NFPA 101, Life Safety Code, updated by the National Fire Protection Association every three years, guides fire officials.
For seniors in an assisted living facility, typically designed for single occupancy, an apartment may range from 320 square feet to 650 square feet and contain a bedroom, bathroom, living area, and kitchenette. Dining is mostly communal and a host of shared amenities and services are available. Here are the key factors for architects, builders and interior designers to consider when designing assisted living facilities.
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How To Report Nursing Home Abuse In Florida
The fact that elder abuse and neglect is underreported is one of the reasons the problem is so hard to eliminate. The administrators of nursing homes do whatever they can to avoid submitting incident claims. Patients may know their rights are being violated or are unable to tell someone. And the family members of seniors in managed care may be unaware of the signs of elder abuse or who to tell about their suspicious. As the Nursing Home Abuse Expert, Steve Watrel, P.A. can help families who believe their loved ones are being mistreated. Heres how to report nursing home abuse and neglect in Florida.
There is a statute of limitations that affects how long a victim or family member has to report an incident of nursing home abuse. According to Florida Statute 492.296, the event must be reported within two years of the abuse happening. Since time is a factor, if you or a family member are the victims of elder abuse or neglect in a Florida nursing home, its vital to contact a qualified elder abuse attorney quickly. The sooner you start the process better. As AHCA notes, In general, incidents older than twelve months do not result in an on-site inspection, though the information is retained in our file.
If you believe a family member has been the victim of elder abuse, its essential to document as much as possible. Bruises and bedsores will heal, and without photographic evidence, it can turn into a case of your word against the insurance company.
How To Report Florida Nursing Home Abuse
There is a statute of limitations affecting when a victim or family can report an incident of nursing home abuse. According to Florida Statute 492.296, the victim must report the abuse within two years of it happening. If the victim or family did not immediately discover the abuse, they must report it within two years of discovering that it happened. If you or a family member suffered from elder abuse in a Florida nursing home, its important that you contact an attorney right away. Contact an experienced Orlando Nursing Home Abuse Attorney, and he can help you evaluate your legal options.
Guide Introduction. Nursing Home Guide. Agency for Health Care Administration, n.d. Web. 17 May 2013.
MINIMUM STANDARDS FOR NURSING HOMES.Florida Administrative Register & Florida Administrative Code. Florida Department of State. Web. 17 May 2013.
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What To Consider About Assisted Living In West Palm Beach
Though it frequently gets overshadowed by Fort Lauderdale and Miami to the south, West Palm Beach is a growing and bustling city of 110,000 residents, 18 percent of whom are 65 or older. Seniors in the area needing assisted living care may choose between 27 facilities in West Palm Beach.
As in all of Florida, assisted living facilities in West Palm Beach range in size and scope of care. They are licensed by the Bureau of Health Facility Regulation.
Background Checks For Assisted Living
Extensive background checks are required of Florida ALF employees, administrators, owners, and board members. A fingerprint scan is used to search the databases of the FBI and the Florida Department of Law Enforcement. Due to the large size of the pool of long-term care workers in Florida, this state takes measures to carefully review background reports on an individualized basis, and to deliberate on the significance of any potentially disqualifying marks. A person cannot be professionally associated with an ALF if they have any past convictions or substantiated reports of violent behavior, abuse, neglect, or exploitation.
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More Ways To Finance Assisted Living
Some additional ways to finance assisted living costs include:
- Veterans Benefits: Veterans can take advantage of several different pension programs to help cover the cost of assisted living. For more information, see the article on benefits.va.gov.
- Life Insurance Policies: Even if a spouse or loved one hasnt died, certain types of life insurance policies can be used to pay for assisted living. More information is available at longtermcare.acl.gov.
- Long-Term Care Insurance: Long-term care insurance is a type of insurance policy that pays for long-term care when it becomes necessary, including the cost of assisted living. For more information on the benefits and drawbacks of this financing method, visit longtermcare.acl.gov.
- Reverse Mortgages: Reverse mortgages allow seniors to access the equity from a home that they own, and these funds can be used to pay for assisted living. The U.S. Department of Housing and Urban Development offers a federally insured reverse mortgage program.
What Type Of Complaints To Report
Some examples of complaints that you should report immediately are:
- Physical abuse – behavior that produces pain or injury and is not accidental
- Verbal abuse – behavior or conduct that produces mental or emotional stress
- Sexual Abuse – violation of criminal, sexual conduct or prostitution statues
- Exploitation – illegal use of the person or property through undue influence, duress, deception or fraud
- Absence of financial management that might lead to exploitation
- Neglect – failure to provide necessary food, clothing, shelter, health care, or supervision
It is also important to record details of the complaint. The more information that you can record, the more effectively the complaint is handled.
Record Details of the Complaint such as:
- What happened?
- To whom did it happen?
- When did it happen?
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Assisted Living Abuse And Neglect Often Goes Unreported
Unfortunately, it is common for instances of elder abuse and neglect to go unreported. One of the reasons this occurs is because the instances of abuse are unnoticed or difficult to uncover.
Moreover, elderly individuals often have medical conditions that can make it difficult for them to properly report the incident.
- In some cases, a victim may want to make a report, but they fear retribution if they go forward with it.
- The victim may feel feel ashamed and responsible for allowing the abuse to occur even though it is not their fault.
- Elderly individuals who suffered from abuse may be unwilling to view themselves as victims as a protective mechanism.
- It is not uncommon for a victim to be reluctant to report abuse because of manipulation by the perpetrator.
When Violations Are Found
When a nursing home is in violation of state or federal standards, the inspector would include the various violations and failures found during the inspection in a Statement of Deficiency. This report would then be sent to the violating nursing home, which must then respond with a Plan of Correction.
If the deficiencies violated federal standards, they are documented alongside a rating to represent the severity and scope of the violation. The severity of the violation is determined by the level of risk it posed to residents.
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How Do I File A Formal Complaint Against A Nursing Home In Florida
Nursing home abuse and neglect happen more often than anyone likes to admit. If your loved one has suffered due to the careless, negligent, or intentional actions of nursing home staff, you need to know where to turn.
Today, our Jacksonville nursing home abuse lawyers want to discuss the formal process for filing a complaint against a nursing home. Please know that you may also need to seek assistance from a skilled nursing home abuse attorney. There are various types of abuse and neglect that happen in a nursing home, including:
- Physical abuse
- Insurance fraud
- And more
You should always be on the lookout for signs and symptoms of abuse when your loved one is in a nursing home.
Florida Statute Of Limitations
Florida Statute 429.296 sets the statute of limitations for nursing home abuse lawsuits in Florida. A statute of limitations sets limits for the amount of time after a harmful incident occurs that an individual may file a lawsuit against the harming party. In cases of nursing home abuse, the statute of limitations outlines the maximum amount of time that passes before a nursing home abuse victims case is legally nullified.
The Florida statute of limitations on nursing home abuse states that victims have a standard time window of two years to file a lawsuit. In some cases, the statute of limitations may be extended. This occurs in cases where intentional misrepresentation or fraudulent concealment prevents victims and their families from discovering a wrongful incident. When this occurs, the statute of limitations typically extends to four years. In no event can the statute of limitations be extended past six years.
The statute of limitations begins at one of three scenarios:
- When the harmful incident occurred
- When the victim or the victims representatives learned that an existing injury was caused by a specific incident
- When the victim or the victims family should have reasonably been aware that a specific incident was the cause of the victims injury
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Alternatives To Assisted Living Facilities
There are alternative service providers to assisted living facilities, and they are described below.
Adult Day Care Centers
Adult Day Care Centers provide programs and services for adults who need a protective setting during the day. Participants live in their own homes, which can be a private home, assisted living facility, adult family care home, or another type of group home, and come to the day care center during specific hours of the day.
An adult day care center can be a freestanding program or services can be offered through a nursing home, assisted living facility, or hospital.
The basic services include, but are not limited to:
- Leisure and social activities
- A place to rest
- Respite care
A center might choose to offer additional services such as health assessments counseling speech, physical and occupational therapy modified diets transportation and referrals for follow-up services. If you need these types of services, ask the adult day care center if they are provided.
Adult Family Care Homes
Adult family care homes provide full-time, family-type living in a private home for up to five elderly persons or adults with a disability, who are not related to the owner. The resident may have their own room or may share with another person. The owner lives in the same house as the residents.
The basic services include, but are not limited to: