Attorney at Law since 1986

Florida Circuit Civil Mediator & Qualified Arbitrator

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Assisted living facilities are facilities licensed under a specific Florida statute. Their rights and responsibilities are set out under Chapter 429 Florida Statutes. Assisted living facilities have that level of care that isn’t skilled nursing. Typically, your resident who is in an assisted living facility requires just that, some assistance. But they don’t require hands on care on a daily basis. Assisted living facilities by virtue of the fact that they are not skilled nursing homes have duties under Florida law that aren’t as specific, or details, or technical as the skilled nursing facilities.

What I’ve seen in my practice with assisted living facilities is the following scenario. Most of the assisted living facilities are not paid for by Medicare or Medicaid. This means that the family has to reach into their pocket if they don’t have long term care insurance, and most people don’t, and your typical assisted living facility bill on the east coast or west coast of Florida is somewhere between $3,000 and $5,000 a month. You have a resident that’s in an assisted living facility and the resident’s finances or the family’s finances are paying out $3,000 to $5,000 a month. That’s good money and that’s a reason that assisted living facilities strive to retain patients where they can’t meet their needs anymore.

This is a scenario that I see a plot that I see in many assisted living facility cases. The resident has declined to the point where they need skilled nursing but the assisted living facility doesn’t send them out because they want that monthly money. As a result, they retain somebody they can’t meet their needs, that person has an accident or an injury that wouldn’t have occurred in skilled nursing and the assisted living facility is liable.