Florida Assisted Living Facility Admission Requirements: What Happens When Facilities Ignore Them and Why They Do It

Assisted living facilities (ALFs) play an important role in Florida’s long-term care system. They are intended for individuals who need help with daily activities, but who do not require 24-hour skilled nursing care. Florida law clearly defines assisted living facility admission requirements, establishing who can and cannot be admitted to a licensed ALF. Unfortunately, many facilities ignore these requirements, putting profits ahead of residents’ safety and well-being.

Who Can Be Admitted to a Florida ALF?

Florida Statute § 429.26 and Florida Administrative Code Rule 59A-36.006 establish the Florida assisted living facility admission requirements that must be satisfied before an individual can be admitted to an assisted living facility:

Related: Resident admissions and continued residency rules vary depending on the type of ALF license. Learn more about the different ALF licenses in our blog titled, "Florida Assisted Living Facility Licenses Explained and Why it Matters for Abuse, Neglect and Wrongful Death Cases".

• At least 18 years old.

• Free from communicable diseases likely to be transmitted to others (HIV is not a disqualifier).

• Able to perform activities of daily living with supervision or assistance, if needed.

• Able to transfer with help, if needed (more than one helper is allowed).

• Capable of taking medication, either independently, with assistance, or by staff administration (following consent and licensing requirements).

• No special dietary needs the facility cannot meet.

• Not a danger to self or others as determined by a licensed practitioner.

• Not require 24-hour licensed professional mental health treatment.

• Not be bedridden unless receiving licensed hospice care.

• No stage 3 or stage 4 pressure sores (stage 2 may be allowed with specific care arrangements).

• Not require certain nursing services such as artificial airway management (except CPAP/BiPAP), tube feeding, blood gas monitoring, post-surgical drainage tube or wound vac care, administration of blood products, or certain surgical wound care unless stabilized and under a plan of care.

• Not require dialysis, IV therapy, 24-hour nursing supervision, or skilled rehabilitative services (unless on hospice).

• Be appropriate for admission based on the facility administrator’s assessment, medical evaluation, and the facility’s ability to provide services within its license.

Why These Rules Matter

These requirements exist because assisted living facilities are not nursing homes and generally do not have the staff or resources to handle higher levels of care. When an assisted living facility admits or keeps a resident whose needs exceed what it can provide, the consequences can be devastating, resulting in falls, fractures, head injuries, infections, malnutrition, dehydration, aspiration, choking, elopement, rapid decline, and wrongful death.

Common Ways Assisted Living Facilities Violate Admission Rules and Why They Do It.

• Admitting residents to fill beds despite knowing their care needs exceed assisted living facility capabilities.

• Failing to reassess existing residents after a change in condition.

• Skipping care plan updates to avoid moving a resident to a higher level of care.

At the end of the day, it is a profits-over-patient-care problem. Some facilities knowingly ignore Florida’s assisted living facility admission requirements, placing residents at serious risk of harm to protect their bottom line.

Don't Delay, Contact FIDJ

At FIDJ, we hold Florida assisted living facilities accountable for abuse, neglect, and wrongful death. If you believe your loved one was admitted or kept in an assisted living facility that could not meet their care needs, and they suffered harm as a result, you may have grounds for legal action. Contact the experienced attorneys at FIDJ for a free, confidential, no-pressure case review.