In the realm of assisted living, the State of Florida has crafted specific regulations to ensure the rights and welfare of residents. One significant rule involves the notice period required for relocation or residency termination. To shed light on this crucial regulation, we present both its exact wording and some further clarifications.
Regulation Excerpt:
k) Relocation and Residency Termination Regulation:
“At least 45 days’ notice of relocation or termination of residency from the facility unless, for medical reasons, the resident is certified by a physician to require an emergency relocation to a facility providing a more skilled level of care or the resident engages in a pattern of conduct that is harmful or offensive to other residents. In the case of a resident who has been adjudicated mentally incapacitated, the guardian shall be given at least 45 days’ notice of a nonemergency relocation or residency termination. Reasons for relocation must be set forth in writing and provided to the resident or the resident’s legal representative. The notice must state that the resident may contact the State Long-Term Care Ombudsman Program for assistance with relocation and must include the statewide toll-free telephone number of the program. In order for a facility to terminate the residency of an individual without notice as provided herein, the facility shall show good cause in a court of competent jurisdiction.”
Breaking It Down
- The 45-Day Notice: Central to the regulation is the mandate for a 45-day notice prior to relocating or terminating a resident’s stay, with certain exceptions around emergencies and harmful behavior.
- Special Provisions: If a resident has been legally declared mentally incapacitated, their legal guardian is entitled to the 45-day notice, ensuring that their rights are not overlooked.
- Written Documentation: Beyond just notifying, reasons for any relocation or termination need clear documentation and should be provided in writing, underscoring the importance of transparency.
- Support for Residents: The notice also serves as an avenue to inform residents about the State Long-Term Care Ombudsman Program, a valuable resource in such situations.
Sample
45-Day Notice Letter for Residency Termination due to Non-Payment
[Facility’s Letterhead] [Facility’s Address] [City, State, Zip Code] [Date]
[Resident’s Name] [Resident’s Room Number] [Facility’s Address] [City, State, Zip Code]
Dear [Resident’s Name] / [Guardian’s Name if applicable],
Re: 45-Day Notice of Termination of Residency
Regrettably, in line with Florida’s assisted living regulations, we must inform you of our decision to terminate your residency at our facility due to continued failure to pay the monthly rent. Despite repeated reminders and provided opportunities to address this issue, we haven’t received the payment for [number of months, e.g., “three months”], amounting to [total owed, e.g., “$3,500”].
Effective Date of Termination: [Date – at least 45 days from the date of this letter]
We genuinely regret any inconvenience this might cause and remain dedicated to assisting you through this transition. You’re entitled to seek guidance from the State Long-Term Care Ombudsman Program at [statewide toll-free number].
For concerns, payment arrangements, or any queries, kindly contact our administration office at [Facility’s Contact Number] or [Facility’s Email Address].
Warm regards,
[Administrator’s Name] [Administrator’s Title] [Facility’s Name]
Conclusion
While the regulation aims to ensure the protection of residents’ rights, it’s also essential for assisted living operators to understand and diligently implement these guidelines. It helps build a foundation of trust and respect with residents and their families. Remember, this post serves as a guide, and it’s always prudent to consult legal counsel when navigating regulatory actions or drafting formal documents.