News & Analysis as of

Florida Elder Issues

Bressler, Amery & Ross, P.C.

Florida Adopts Protection of Specified Adults Statute for Financial Institutions

During the 2024 Legislative session, the Florida Legislature passed Senate Bill 556, “Protection of Specified Adults”, which was signed into law by Governor Ron DeSantis on May 28, 2024....more

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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

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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

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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

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Florida Fair Housing Act Amendment Removes Requirement to Register and Renew “55 and Over” Communities

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The Florida Legislature recently amended the Florida Fair Housing Act by removing regulatory requirements imposed on age-restricted communities. Real estate developers have developed hundreds of age-restricted communities...more

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A Dangerous Curve Ahead: Access to Florida Guardianship Proceedings at Risk

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This week, the Orlando Sentinel reported that The Florida Bar Board of Governors, at the recommendation of The Real Property Probate and Trust Law Section of The Florida Bar, is considering a proposal to change Florida’s...more

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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

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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

Searcy Denney Scarola Barnhart & Shipley

Elder Care Facilities and Nursing Homes Putting Patients at Risk - Long Before Coronavirus

Long before Covid-19 ravaged nursing homes, the long-term care industry had an infection control problem. On March 4, 2020 in response to the coronavirus, the Centers for Medicare & Medicaid Services (CMS) announced that it...more

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Mental Capacity: An Easy Challenge Or A Tough Road?

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As the population in Florida continues to age, litigation stemming from allegations related to lack of capacity is on the rise. Family members or other beneficiaries looking to challenge legal documents often gravitate...more

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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

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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

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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

Searcy Denney Scarola Barnhart & Shipley

1 Incident Too Many — Crime in Nursing Homes

Don’t Ignore Elder Abuse - Nursing-home nightmares continue to plague the country, from California to Texas to Minnesota to Pennsylvania. But perhaps no other state is as impacted by the abuse, neglect and robbery of the...more

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Florida Administrative Law Judge Invalidates Governor’s Executive Order Mandating Generators for Senior Housing Facilities

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Last week, an Administrative Law Judge ruled against the governor and state agencies regulating senior housing communities, finding that the controversial emergency order did not address a true emergency and as written was...more

Searcy Denney Scarola Barnhart & Shipley

Nursing Home Care — Who protects the most vulnerable?

Who protects the elderly citizen? A recent article in Law360 suggested that nursing home claims may rise in the wake of Hurricane Irma and the Hollywood Hills Nursing Home tragedy. The article seemed to downplay the...more

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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

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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

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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

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