Nursing Homes: Licensure, Resident Rights and Operations
About 21 of every 64 questions on a Florida NHA Laws and Rules practice exam come from this topic.
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What to know
Part II of Chapter 400 is Florida's nursing home law, enforced by the Agency for Health Care Administration. A home needs an agency license for each separate premises and must run under a licensed administrator. Every licensee adopts a residents' rights statement and explains it at or before admission: privacy, dignity, managing one's own money (with quarterly accountings), refusing treatment, choosing a physician and pharmacy, freedom from restraints without a physician's written, time-limited order, and bed holds. Facility-initiated transfers and discharges need a signed written notice at least 30 days ahead, except when needs cannot be met or others are endangered; residents may seek ombudsman review and a fair hearing, where the facility must prove its case by clear and convincing evidence. Homes keep a risk management program with a monthly committee and file adverse incident reports within 15 days. Minimum staffing is 3.6 direct care hours per resident per day, including 2.0 CNA and 1.0 licensed nurse hours. Deficiencies run from class I to class IV and drive standard or conditional licensure status, the Gold Seal Program and mandatory revocation. The part also covers resident trust funds, respite care, closures, records, kickbacks and criminal penalties.
Where it comes from
- §§ 400.021, 400.022, 400.0255, F.S.
- §§ 400.062, 400.121, 400.18, 400.19, 400.20, F.S.
- §§ 400.141, 400.145, 400.147, 400.162, F.S.
- §§ 400.172, 400.175, 400.1755, 400.1183, F.S.
- §§ 400.211, 400.23, 400.235, F.S.
- §§ 400.0236, 400.17, 400.191, 400.241, F.S.
Try a practice question
What does section 400.022 require every nursing home licensee to do about residents' rights?
- AAdopt a rights statement that covers only Medicaid-funded residents
- BAdopt and make public a statement of residents' rights and responsibilities
- CGive a written rights statement only to those residents who ask for one in writing
- DSubmit its rights statement to the Board for approval each renewal
Show the answer
Adopt and make public a statement of residents' rights and responsibilities. Every licensee must adopt and make public a statement of the rights and responsibilities of residents and treat residents in line with it.
§ 400.022(1), F.S.
Ready for a full run? The Florida Nursing Home Administrator Laws and Rules Exam Practice Test is 64 questions in 120 minutes, scored at 75%. For the official exam's details, see Florida Nursing Home Administrator License Exam Requirements.