News & Analysis as of

Assisted Living Facilities (ALFs) Florida

Shumaker, Loop & Kendrick, LLP

Client Alert: What Happens to a Florida Health Care Entity License that Expires During the Renewal Application?

Most health care facility licenses in Florida are issued by the Florida Agency for Health Care Administration (AHCA). This includes, but is not limited to, licenses for hospitals, home medical equipment, nursing homes,...more

Lowndes

AHCA Rule Changes Go Into Effect Today for Senior Housing Operators

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Courtesy of our friends at the Florida Senior Living Association: - On August 16, 2021, AHCA’s Final Adopted Version of Rules 59A-36.007 .008, & .028, F.A.C., which implement HB 767 (2020) are effective. Originally...more

Lowndes

Florida Senior Living Association Polls Members on Covid-19 Vaccination Practices

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The Florida Senior Living Association just released the results from a member survey on COVID-19 Vaccination Practices with interesting results...more

Lowndes

Active Hurricane Season Predicted for 2021: Prepare Your Staff and Residents Now

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Sometimes a reminder is a good thing. With hurricane season here, and experts predicting it may be a busy one (although we hope not), now’s a good time to look back at a Senior Housing News article discussing the lessons...more

Lowndes

Florida Issues Rules Permitting Senior Living Visitation

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Since March, the Division of Emergency Management for the State of Florida has suspended visiting rights at senior living facilities due to the COVID-19 pandemic to all but “compassionate care” situations (i.e., end of life...more

Lowndes

Florida Nursing Homes to Reopen to Visitors

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The State of Florida appears finally ready to allow visitors to nursing homes and assisted living facilities. Soon after the initial outbreak of COVID-19, Florida had issued an emergency order prohibiting visitation to...more

Polsinelli

Florida Legal Update: Laws of Interest Effective July 1, 2020

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Business Legal Updates - Collegiate Student Athletes Can Now Receive Compensation - With the passing of Section 1006.74, F.S., effective July 1, 2020, intercollegiate athletes at a “postsecondary educational...more

Akerman LLP - Health Law Rx

2020 Legislative Session –A Sampling of Health Related Bills Filed

The 2020 Legislative Session will begin its 60-day trek to completion on Tuesday, January 14, 2020. The following is a sample of bills that have been filed. We encourage you to review these bills, and contact us with specific...more

Lowndes

Resident Default.

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When a resident has failed to pay their monthly fee, what remedy does the ALF owner have under Florida law? It is not the same as a residential eviction under Chapter 83 of the Florida statutes. ...more

Lowndes

Scrutiny of Assisted Living Facilities

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On February 4th, the New York Times had an article which should give the ALF industry pause. It reported that at the request of four senators, the Government Accountability Office commissioned a two-year investigation of...more

Akerman LLP - Health Law Rx

AHCA Sees the Light on Nursing Home Generator Rule, Unplugging Challenge

After Hurricane Irma made landfall in Florida, a nursing home in South Florida lost power, and several residents of that nursing home died allegedly as the result of increased temperatures caused by the loss of air...more

Lowndes

Arbitration and Eviction: A Recipe for Delay

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Leases in an independent living component of an assisted living facility will often contain an arbitration provision. Although arbitration can be helpful in reducing litigation expenses, arbitration can lead to significant...more

Lowndes

Florida Argentum Reports That Appeals Court Strikes Down Emergency Stay in Generator Case

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Florida Argentum reports that the Florida’s First District Court of Appeal issued a response to its motion filed last week and determined that an “automatic stay” of the Division of Administrative Hearings’ Final Order...more

Lowndes

Appeals Court Strikes Down Emergency Stay in Generator Case

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Florida’s First District Court of Appeal issued a response to Florida Argentum’s motion filed last week and determined that an “automatic stay” of the Division of Administrative Hearings’ Final Order invalidating Emergency...more

Lowndes

Positive Ruling On Generator Rules May Not Protect Owners In The Short Term

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Notwithstanding what we consider a well-reasoned and proper ruling by an Administrative Law Judge against Governor Scott’s emergency rule on generators and fuel, cautious senior living facility owners may still want to submit...more

Chambliss, Bahner & Stophel, P.C.

Florida Nursing Home Tragedy Causes Rethinking of Disaster Preparedness

The recent tragedy in which 12 Florida nursing home residents died when the facility lost power during Hurricane Irma is causing government officials to rethink disaster planning....more

BakerHostetler

Florida Emergency Power Plan Rule Requires Nursing Homes and Assisted Living Facilities to Obtain Generators by November 15, 2017

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In response to the death of eight nursing home residents after a power failure in Hollywood, Florida during Hurricane Irma, Florida regulators recently issued emergency rules requiring the state’s nursing homes and assisted...more

Lowndes

State of Florida Provides Additional Guidance on New Generator Obligation for Senior Living Facilities

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Florida Argentum has worked with the Florida Agency for Health Care Administration (AHCA) and Florida Department of Elder Affairs (DOEA) to obtain clarification on several matters with respect to Governor Scott’s emergency...more

Akerman LLP - Health Law Rx

Florida Nursing Home Deaths Have Ripple Effects for Facilities Statewide

Hurricane Irma’s wrath knocked out power to much of Florida. At one South Florida senior rehabilitation center left in the dark, the generator was not powerful enough to sustain the air conditioning system, and a portable...more

Lowndes

Governor Scott Creates New Generator Obligation for Senior Living Facilities

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Following the tragic deaths of eight people at the Rehabilitation Center at Hollywood Hills in Broward County, Governor Rick Scott has directed the Florida Agency for Health Care Administration (AHCA) and Florida Department...more

Lowndes

Your predictions for 2017 (Part One of Five)

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Last week, in connection with our Senior Housing Symposium entitled “Looking Back . . . Looking Forward” we surveyed our attendees to get a feel for where they predict next year will look like in the senior housing industry. ...more

Lowndes

Bills To Update Fire Safety Code Requirements For Assisted Living Facilities Pending In Florida Legislature

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The Florida Assisted Living Facilities Act requires the State Fire Marshall to use the 1994 edition of the National Fire Protection Association (NFPA) Life Safety Code to establish and enforce uniform fire safety standards...more

Lowndes

Will Your Form of Resident’s Agreement Hinder Potential Eviction?

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When a tenant in an independent living community fails to pay rent, an operator will want to remove the tenant as quickly as possible with the fewest administrative hurdles. If a residency agreement does not specify the...more

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