Florida Statutes § 400.022

“Nursing home residents’ rights under the public health law”

Nursing home residents have the following rights and responsibilities:

• The right to civil and religious liberties, including knowledge of available choices and the right to independent personal decision;
• The right to private and uncensored communications with family and friends;
• The right to have reasonable access to any entity or individual providing health, social, legal, or other services, including allowing representatives of the State Long-Term Care Ombudsman Council to examine the resident’s clinical records with the resident’s permission;
• The right to present grievances on behalf of himself or others to the staff, government officials, or any other person;
• The right to organize and participate in resident groups in the facility and the right to have the resident’s family meet in the facility with the families of other residents;
• The right to examine the results of the most recent inspection of the facility conducted by a federal or state agency and any plan of correction in effect;
• The right to manage his or her own financial affairs;
• The right to be fully informed, in writing and orally, prior to or at the time of admission and during his or her stay, of services available in the facility and of related charges for such services;
• The right to be adequately informed of his medical condition and proposed treatment;
• The right to refuse medication or treatment and to be informed of the consequences of such decisions;
• The right to receive adequate and appropriate health care and protective and support services;
• The right to have privacy in treatment and in caring for personal needs. Residents’ personal and medical records are confidential and may not be disclosed to the public;
• The right to be treated courteously, fairly and with dignity and to receive a written statement and an oral explanation of the services provided by the nursing home;
• The right to be free from mental and physical abuse, corporal punishment, extended involuntary seclusion, and from physical and chemical restraints;
• The right to be transferred or discharged only for medical reasons or for the welfare of other residents with 30 days’ notice;
• The right to freedom of choice in selecting a personal physician and pharmacy;
• The right to retain and use personal clothing and possessions;

Nursing homes must inform their residents of these rights and responsibilities prior to admission. Any violation of the resident’s rights constitutes grounds for action by the Department of Health.

A person who submits a complaint concerning a suspected violation of the resident’s rights or concerning services or conditions in a facility or who testifies in any legal proceeding arising from such complaint has immunity from any criminal or civil immunity.

Related laws: Florida Statutes § 119.07