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Tampa Nursing Home Abuse Attorneys > Blog > Nursing Home Abuse > What Are The Staffing Requirements For Florida Nursing Homes?

What Are The Staffing Requirements For Florida Nursing Homes?


It is widely known that nursing home abuse often occurs because facilities are so understaffed. Without the proper amount of people to care for the residents in nursing homes, they can easily become abused and neglected. To prevent this from happening, Florida law outlines very strict rules about nursing home staffing requirements. If you believe your family member was hurt at an understaffed nursing home, our Tampa nursing home abuse lawyer can help you recover financial compensation for their injuries.

State Law on Nursing Home Staffing Requirements

Florida law outlines the nursing home staffing requirements in Section 400.23(3)(a)(1) of the Statutes. Under this law, there are three classifications of nursing staff for nursing homes. These are certified nursing assistants, licensed practical nurses, and registered nurses. Together, registered nurses and licensed practical nurses are considered licensed nursing staff. The law states that all nursing homes must have the following nursing staff available:

  • A minimum weekly average of licensed nursing staff and nursing assistants combined of 3.6 hours of care per day, per resident. The law also defines a “week” as encompassing Sunday through Saturday.
  • Certified nursing assistant staff members (and non-licensed staff who are 4 months away from being certified) for 2.5 hours of direct care per day, per resident
  • A minimum of licensed nursing staff of one hour of direct care, per resident, per day. Nursing homes must have at least one licensed nurse for every 40 residents.

Although the above are state requirements for nursing home staffing, there are federal regulations all facilities in Florida must follow, as well.

Federal Law on Nursing Home Staffing Requirements

While state law focuses on quantitative numbers when outlining the staffing requirements for nursing homes, federal law instead focuses on qualitative requirements. Since this federal law was passed by Congress in 1987, all nursing homes must provide the appropriate care for residents in such a way that promotes maintenance or enhances the quality of life for residents. The federal law also requires nursing homes to create a customized care plan for all residents.

The federal law also requires that staffing reflects the needs of the residents. For example, two different nursing homes may each have 100 residents. If one is filled with high-need patients, such as those that cannot walk on their own or that have dementia, they are required to have more staff members. On the other hand, if the other facility only had low-need patients that were fairly independent, they would not need to have the same amount of staff on hand.

Our Nursing Home Abuse Lawyer in Tampa Can Help Your Family

Understaffing is one of the main causes of nursing home abuse, and facilities must ensure they are complying with state and federal requirements. If they do not and your loved one is hurt as a result, our Tampa nursing home abuse lawyer at Kohn Law can help you file a claim for financial compensation. Our skilled attorney knows how to prove abuse occurred, and will negotiate with the facility so you recover the fair settlement you deserve. Call us today at 813-428-8504 or fill out our online form to schedule a free consultation.

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