Florida Assisted Living Facilities Don’t Have to Notify Family of Safety Issues

It may surprise you to learn that Florida law doesn’t require assisted living facilities to notify their residents’ family members when there’s a new safety or abuse concern. This gap in Florida law has gone nearly unnoticed by the general public until recently.

Now, it’s finally attracting public attention.

One of the main reasons for the sudden awareness is a recent investigation conducted by Tampa Bay’s ABC Action News. The investigation revealed the details of the law, explaining that Florida law does require assisted living facilities to report problems to the state, but that’s where the accountability ends.

Our own Clearwater attorney Peter Sartes is quoted in the article detailing the investigation. Sartes, who has extensive experience in the area of assisted living abuse, confirms the fact that facilities aren’t required to contact family members or the media about potential dangers.

“Does the law require them to notify the family members? Of other potentially at-risk persons? No,” Sartes told reporters. “Unless you’re looking for it actively, no one’s going to notify you about that stuff.”

Since 2016, 21 assisted living facilities in the state of Florida have been flagged for health or safety threats or “moratoriums.” A moratorium prevents an assisted living facility from bringing in new residents, but it doesn’t require them to move any of their current residents. They simply have to post a notice with details of the moratorium and then can continue business as usual.

Sartes biggest piece of advice to family members with a resident in an assisted living facility:

“You’ve got to follow up. You can’t just presume that everything’s going to be okay.”

If you suspect your loved one has been mistreated or in danger at a Clearwater or Tampa area assisted living facility, contact the experienced team at Tragos, Sartes & Tragos. We can help you navigate the details of your nursing home abuse case and get the justice you and your family deserve.

Contact us or submit your information on our website today to schedule your free consultation.