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It is never an easy decision when loved ones need to move to a nursing home. The standards may vary dramatically, so if you are armed with the right research tools and information, you will have a better probability of finding just the right place that treats its residents respectfully and allows them to live healthy and vibrant lives. 

In a recent survey of nursing homes conducted by the CDC (Centers for Disease Control), it reported that there were 16,100 nursing homes in the United States holding a total of 1.5 million residents. Florida has 688 nursing homes with 93 of those located in Southwest Florida. There are also 3,042 assisted living facilities. 

Who owns and regulates nursing homes? 

In 2015 about 68 percent were owned by for-profit corporations, and 24 percent were run by nonprofit organizations, with the rest government-owned, according to AARP. The federal government’s Centers for Medicare & Medicaid Services (CMS) sets the regulations and guidelines for America’s nursing homes. Enforcement is left to the states. 

“If you are looking for a facility for a loved one or friend, we at Spivey Law Firm, Personal Injury Attorneys, P.A. would like to share some guidelines proposed by AARP,” said Fort Myers Nursing Home Abuse Lawyer, Randall Spivey. 

How to inspect a facility? 

1. Check the grounds

Are there nice sitting areas for residents, and are they being used? Do you get a sense of security and safety? 

2. Schmooze with residents

Try to speak with people already living there. Ask about living conditions and interactions with fellow residents and staff. Find out what a typical day is like. 

3. Talk with family members

See if visitors are willing to talk for a few minutes, and get their opinions and observations. Ask about why they chose the facility, if they have any regrets, and also if they have any tips for getting the best care and arrangements. 

4. Ask tough questions

Ask staff about their jobs, management, and how they feel about the residents. 

5. Check turnover

The work is taxing, and the wages can be low, so it is not uncommon for care operators to experience turnover among the frontline staff who interact with residents. Heavy turnover is an indicator that the culture supporting the care workers is not strong. 

6. Have a meal

Nursing homes and assisted living facilities are not restaurants, but the food should still be fresh, appetizing and healthy. 

7. Give a smell and sound test

A few times during your visit, pause for a moment and engage your other senses. Are the sounds calm and reassuring (be it music, laughter, conversation or activity), or are they worrisome (silence or patients in distress)? Then do the smell test: Is it clean and fresh? Or do you smell urine, mustiness or overpowering cleaners?  

8. Make a safety check

Are there handrails and non-skid floors? Are the walkways clear of wheelchairs and other equipment that could cause a fall? What will the facility do if a catastrophic natural disaster hits like a hurricane? 

9. Visit again, during off-hours

A scheduled, guided weekday visit likely will reveal the facility at its best. The real test is whether all your positive observations hold up in the off-hours.

Federal law: 

The federal Nursing Home Reform Act (NHRA) of 1987 requires that all nursing homes which receive Medicare or Medicaid funds maintain facilities that are safe for their residents. In addition, federal regulations also require that all nursing home residents, whether they receive Medicaid or not, have a right to be free from verbal, mental, physical, and sexual abuse. 

Florida law:

Under Florida law, nursing home patients are entitled to a basic set of rights when living in the nursing home. Florida nursing home laws require that a nursing home provide patients with a “safe, clean, comfortable, and homelike environment.” Nursing home residents have the right to nutritious meals, daily exercise, social activities, compassion, access to emergency health care, access to medication, mental counseling (if needed), and the right to peaceful living free of any form of abuse. If a caregiver or professional employee of the nursing home staff violates any of these rules, the incident should be reported immediately.

Furthermore, Florida nursing home residents have the right to live in sanitary conditions. Under Florida law, sanitary living conditions are defined as clean clothes, clean linens that are changed on a regular basis, debris and dirt-free living facilities, sanitized living quarters (including the bathroom and kitchen), ample amount of lighting, functioning air conditioning and heat, pest control, access to safety features such as ramps and rails, access to sanitary drinking water, and access to hot water. 

Attorney Spivey says, “Even after your loved one or friend has moved into a facility, periodic checking following the above nine suggestions is recommended. If the resident has been injured due to the negligence of the facility, please contact our experienced nursing home abuse attorneys.” 

Florida Nursing Home Negligence Attorney,Randall L. Spivey is a Board Certified Civil Trial Attorney – the highest recognition for competence bestowed by the Florida Bar and a distinction earned by just one (1%)percent of Florida attorneys. He has handled over 2,000 personal injury and wrongful death cases throughout Florida. For a free and confidential consultation to discuss your legal rights, contact the Spivey Law Firm, Personal Injury Attorneys, P.A., in Lee County at  239. 337.7483 or toll free at 1.888.477.4839, or by email to Randall@SpiveyLaw.com.  Visit SpiveyLaw.com  for more information. You can contact Spivey Law Firm, Personal Injury Attorneys, P.A. in Charlotte County at 941.764.7748 and in Collier County 239.793.7748.