FIDJ: Florida Adult Day Care Center Abuse, Neglect, and Wrongful Death Lawyers

What is a Florida Adult Day Care Center?

An adult day care center is a facility licensed by the Florida Agency for Health Care Administration that provides therapeutic, social, and health activities/services for any part of a day to three or more adults (over the age of 18) who have functional impairments and who are not related to the owner or operator. See Fla. Stat. § 429.901(1).

What Type of Services Do Florida Adult Day Care Centers Provide?

Adult day care centers are designed to provide “basic services," which include therapeutic programs of social and health activities and services; leisure activities; self-care training; rest; nutritional services; and respite care.” See Fla. Stat. § 429.901(3). Among other things, an adult day care center must offer a planned program of varied activities and services on a daily basis designed to promote and maintain the health of participants and to encourage participants to engage in leisure activities. An adult day care center must also provide opportunities for interaction and communication among participants in order to enhance each participant’s well-being and maximize individual functioning. These activities and services must be available at least 60 percent of the time the adult day care center is open to participants and must be documented.

Can Adult Day Care Centers Provide Additional Services Related to Individuals Suffering from Alzheimer’s/Dementia?

If an adult day care center has a “specialized Alzheimer’s services adult day care center” license (in addition to the basic Adult Day Care Center license), the adult day care center may offer a program for dementia-specific, therapeutic activities including, but not limited to, physical, cognitive, and social activities appropriate for the impaired individual's age, culture, and level of function. Before admitting an impaired individual, the center must determine whether the medical, psychological, safety, and behavioral support and intervention required by the impaired individual can be provided by the center, along with whether the center has the resources needed to assist the impaired individual. Specialized adult day care centers must also:

1. Offer these specialized services at least 70% of the time that the center is open,

2. Have a staff ratio of 1 staff member who provides direct services for every five Alzheimer’s/dementia participants,

3. Provide these individuals with hands-on assistance with activities of daily living, including urinary and bowel incontinence care,

4. Use assessment tools that identify the impaired individual’s cognitive deficits and identify the specialized and individualized needs of the individual and his or her caregiver. This assessment must be conducted upon admission and when the individual experiences a significant change in condition, but no less frequently than annually,

5. Create an individualized plan of care for each impaired individual that addresses the individual’s needs (upon admission and quarterly),

6. Conduct a monthly health assessment of each impaired individual that includes the individual’s weight, vital signs, and level of assistance needed with activities of daily living,

7. Complete a monthly update in each individual's file regarding his or her status or progress toward meeting the goals indicated on the individualized plan of care,

8. Assist in the referral or coordination of other dementia-specific services and resources needed by the impaired individual, such as medical services, counseling, medical planning, legal planning, financial planning, safety and security planning, disaster planning, driving assessment, transportation coordination, or wandering prevention,

9. Provide dementia-specific educational materials regularly to impaired individuals, as appropriate, and their caregivers,

10. Routinely conduct and document a count of all impaired individuals present in the center throughout each day. This count must be compared to each impaired individual's attendance record to ensure that no one is missing from the center,

11. Maintain a secured unit or have working alarm or security devices installed on every door that is accessible to impaired individuals and that provides egress from the center or areas of the center designated for the provision of specialized Alzheimer’s services,

12. Not allow an impaired individual to administer his or her medication, and

13. Condition the impaired individual’s eligibility for admission on whether he or she has a coordinated mode of transportation to and from the adult day care center, to ensure that the participant does not drive on his or her own.

See Fla. Stat. § 429.918(4).

Are there any Staffing Requirements Associated with Florida Adult Day Care Centers?

Yes. In addition to those staffing-related duties outlined above, all employees of an adult day care center must complete Alzheimer’s/Dementia training in accordance with the Alzheimer’s disease and Related Forms of Dementia Education and Training Act. See Fla. Stat. § 429.917. See also Fla. Stat. § 430.5025. In addition, all adult day care center employees must pass a Level 2 background screening. See Fla. Stat. § 429.919.

An adult day care center with a specialized Alzheimer’s license must also have a registered nurse (RN) or licensed practical nurse (LPN) on site at least 75% of the time that the center is open to impaired individuals. If the center relies on an LPN, that LPN must be supervised by an RN. Further, any employees who provide direct care to impaired individuals must be educated on procedures to locate an individual who elopes (or wanders away from the center), the Silver Alert program, and products/programs available to identify impaired individuals or prevent them from eloping (wandering from the center). See Fla. Stat. § 429.918(6).

Are there Any Restrictions on the Types of Residents Allowed in Adult Day Care Centers?

Generally, adult day care centers must refrain from accepting or retaining any individual whose behavior and physical limitations are deemed hazardous to the safety of the individual or other participants. In addition, individuals suffering from Alzheimer’s/Dementia who demonstrate aggressive behaviors that place themselves or others at risk cannot stay at an adult day care center. The bottom line is that an adult day care center must assess whether it can meet the needs of its participants. If not, the center must not admit the individual.

How Many Adult Day Care Centers are there in Florida?

There are over 400 adult day care centers throughout Florida.