Understaffing Below Florida Nursing Home Staffing Requirements?
Did a loved one suffer abuse or neglect because a facility was understaffed below Florida nursing home staffing requirements? Appropriate staffing is necessary for a facility to properly care for its residents. Understaffing can lead to neglect or abuse.
If you believe a loved one was injured at an understaffed nursing home, call Senior Justice Law Firm for a free consultation today. 561-717-0817
Are There Florida Nursing Home Staffing Requirements?
Florida nursing home staffing requirements are mandated by law. Section 400.23(3)(a)(1) sets the minimum requirements for nursing home staffing. The staffing ratios consist of three levels of care providers: Certified Nursing Assistants (CNAs), Licensed Practical Nurses (LPNs) and Registered Nurses (RNs). Together, LPNs and RNs are considered “licensed nursing staffing”.
“a. A minimum weekly average of certified nursing assistant and licensed nursing staffing combined of 3.6 hours of direct care per resident per day. As used in this sub-subparagraph, a week is defined as Sunday through Saturday.
How Do National Requirements Compare to Florida Nursing Home Staffing Requirements?
Unlike the Florida nursing home staffing requirements (which focus on quantitative numbers), National requirements are qualitative. In 1987, Congress passed a law requiring that each facility “care for its residents in such a manner and in such an environment as will promote maintenance or enhancement of the quality of life of each resident.” The law also requires the facility to develop an individualized care plan for each resident based on their needs.
Further, Federal rules require that staffing be set to the need of residents. If two facilities each have 100 residents, but one is full of extremely needy residents (e.g. they suffer dementia, are unable to walk on their own) and another has nearly independent residents, they should not have the same staffing requirements. Acuity levels are found for each resident in their RUG score as determined on their MDS 3.0.
Are the Florida Nursing Home Staffing Requirements in Conflict with the National Requirements?
No – both requirements apply to all nursing homes in the state of Florida. While the Florida nursing home staffing requirements give a numerical floor for staffing, the national requirements require even more…especially if the majority of the residents need extensive care. In fact, many nursing homes in Florida take in too many high acuity residents in order to get high payments from the government while not staffing to the needs of their residents. This is tax fraud.
What Can Happen if a Facility Is Staffing Below the Florida Nursing Home Staffing Requirements?
Failure to hire enough CNAs, LPNs and RNs to meet the minimum Florida Nursing home staffing requirements can lead to severe injuries, such as falls, subdural hematoma, bedsores, breaks and fractures, and wrongful death.
If you were injured in a facility, and you believe it was understaffed, call Senior Justice Law Firm immediately at 561-717-0817.
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