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	<title>Comments on: Florida Assisted Living Facilities Can Evict Residents Without Reason or Appeal</title>
	<link>http://blog.sellsiusrealestate.com/legal/florida-assisted-living-facilities-can-evict-residents-without-reason-or-appeal/2008/04/15/</link>
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	<pubDate>Fri,  5 Sep 2008 19:48:56 +0000</pubDate>
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		<title>By: Joseph Ferrara</title>
		<link>http://blog.sellsiusrealestate.com/legal/florida-assisted-living-facilities-can-evict-residents-without-reason-or-appeal/2008/04/15/#comment-226009</link>
		<dc:creator>Joseph Ferrara</dc:creator>
		<pubDate>Fri, 13 Jun 2008 14:20:22 +0000</pubDate>
		<guid>http://blog.sellsiusrealestate.com/legal/florida-assisted-living-facilities-can-evict-residents-without-reason-or-appeal/2008/04/15/#comment-226009</guid>
		<description>Rescued from Spam 

Comment by Peter Bland:

I think assisted living residents should be bound by the sames laws and rules as normal residents, they are people after all.</description>
		<content:encoded><![CDATA[<p>Rescued from Spam </p>
<p>Comment by Peter Bland:</p>
<p>I think assisted living residents should be bound by the sames laws and rules as normal residents, they are people after all.</p>
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		<title>By: Lyn Smith</title>
		<link>http://blog.sellsiusrealestate.com/legal/florida-assisted-living-facilities-can-evict-residents-without-reason-or-appeal/2008/04/15/#comment-218639</link>
		<dc:creator>Lyn Smith</dc:creator>
		<pubDate>Thu, 01 May 2008 03:19:00 +0000</pubDate>
		<guid>http://blog.sellsiusrealestate.com/legal/florida-assisted-living-facilities-can-evict-residents-without-reason-or-appeal/2008/04/15/#comment-218639</guid>
		<description>Does this apply to ALL leases or only residential leases. I mean, is there any differentiation between residential leases or commercial leases for this rule??</description>
		<content:encoded><![CDATA[<p>Does this apply to ALL leases or only residential leases. I mean, is there any differentiation between residential leases or commercial leases for this rule??</p>
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		<title>By: Glenn</title>
		<link>http://blog.sellsiusrealestate.com/legal/florida-assisted-living-facilities-can-evict-residents-without-reason-or-appeal/2008/04/15/#comment-214167</link>
		<dc:creator>Glenn</dc:creator>
		<pubDate>Thu, 17 Apr 2008 15:55:21 +0000</pubDate>
		<guid>http://blog.sellsiusrealestate.com/legal/florida-assisted-living-facilities-can-evict-residents-without-reason-or-appeal/2008/04/15/#comment-214167</guid>
		<description>An assisted living facility that participates in a Medicaid program, does have to comply with certain Federal laws, due to funds being received thru the Medicaid program, which falls under the Social Security program.

Under Florida Statutes Chapter 400 Part 3; Florida Administrative Code Chapter 58A-5 et seq.

"Admission/Retention:
Continued residency. Additional criteria affect continued residency. In standard assisted living facilities, people who are bedridden more than seven days or develop a need for 24-hour nursing supervision may not be retained. Residents with Stage II pressure sores may remain if the facility has a limited nursing license or the resident contracts with a home health agency or registered nurse.

Agreements:
Resident contracts must include a list of specific services, supplies and accommodations provided, including limited nursing services and extended congregate care services; the basic daily, weekly, or monthly rate; a list of any additional services available and their charges; a provision giving at least a 30-day notice of rate changes; rights, duties, and obligations of residents; purpose of advance payments or deposits and refund policy; bed hold policy; a statement of any religious affiliation; and a notice of transfer if the facility is not able to serve the resident."

The key issue is that none of us know the resident's true medical condition and a resident's medical condition can change in such a manner that a higher level of patient is required. There is a contract between the patient and the facility and we do not know the clauses within that contract, however, it probably has specific criteria for continued residence and conditions for discharge.

Welcome to the complicated world of healthcare.</description>
		<content:encoded><![CDATA[<p>An assisted living facility that participates in a Medicaid program, does have to comply with certain Federal laws, due to funds being received thru the Medicaid program, which falls under the Social Security program.</p>
<p>Under Florida Statutes Chapter 400 Part 3; Florida Administrative Code Chapter 58A-5 et seq.</p>
<p>&#8220;Admission/Retention:<br />
Continued residency. Additional criteria affect continued residency. In standard assisted living facilities, people who are bedridden more than seven days or develop a need for 24-hour nursing supervision may not be retained. Residents with Stage II pressure sores may remain if the facility has a limited nursing license or the resident contracts with a home health agency or registered nurse.</p>
<p>Agreements:<br />
Resident contracts must include a list of specific services, supplies and accommodations provided, including limited nursing services and extended congregate care services; the basic daily, weekly, or monthly rate; a list of any additional services available and their charges; a provision giving at least a 30-day notice of rate changes; rights, duties, and obligations of residents; purpose of advance payments or deposits and refund policy; bed hold policy; a statement of any religious affiliation; and a notice of transfer if the facility is not able to serve the resident.&#8221;</p>
<p>The key issue is that none of us know the resident&#8217;s true medical condition and a resident&#8217;s medical condition can change in such a manner that a higher level of patient is required. There is a contract between the patient and the facility and we do not know the clauses within that contract, however, it probably has specific criteria for continued residence and conditions for discharge.</p>
<p>Welcome to the complicated world of healthcare.</p>
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		<title>By: Joseph Ferrara</title>
		<link>http://blog.sellsiusrealestate.com/legal/florida-assisted-living-facilities-can-evict-residents-without-reason-or-appeal/2008/04/15/#comment-214132</link>
		<dc:creator>Joseph Ferrara</dc:creator>
		<pubDate>Thu, 17 Apr 2008 14:17:42 +0000</pubDate>
		<guid>http://blog.sellsiusrealestate.com/legal/florida-assisted-living-facilities-can-evict-residents-without-reason-or-appeal/2008/04/15/#comment-214132</guid>
		<description>Thanks for commenting Alec and maybe there's more to the story but the problem lies with the Florida law. Because of it, no one gets to examine the full story.

The right to due process is a fundamental American constitutional right and it is being denied to folks who may need it the most. (Kick a college student out of an apartment and he's likely staying with a friend the next day, sleeping on the floor, with little complaint.)
To get a reason for an evictionand the right to appeal is basic fairness.  Heck, maybe there was a mistake.</description>
		<content:encoded><![CDATA[<p>Thanks for commenting Alec and maybe there&#8217;s more to the story but the problem lies with the Florida law. Because of it, no one gets to examine the full story.</p>
<p>The right to due process is a fundamental American constitutional right and it is being denied to folks who may need it the most. (Kick a college student out of an apartment and he&#8217;s likely staying with a friend the next day, sleeping on the floor, with little complaint.)<br />
To get a reason for an evictionand the right to appeal is basic fairness.  Heck, maybe there was a mistake.</p>
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		<title>By: Alec Bobdon</title>
		<link>http://blog.sellsiusrealestate.com/legal/florida-assisted-living-facilities-can-evict-residents-without-reason-or-appeal/2008/04/15/#comment-214064</link>
		<dc:creator>Alec Bobdon</dc:creator>
		<pubDate>Thu, 17 Apr 2008 10:07:31 +0000</pubDate>
		<guid>http://blog.sellsiusrealestate.com/legal/florida-assisted-living-facilities-can-evict-residents-without-reason-or-appeal/2008/04/15/#comment-214064</guid>
		<description>It's quite a good idea actually. Normally Tenants are the ones that have all of lee-way so it's nice that the Landlords have a bit of power for once.

Having said this, it's not so good for businesses as one important factor in the sales value of a business is the lease terms, the value of which goes down dramatically if the Landlord can cancel with just 45 days notice.</description>
		<content:encoded><![CDATA[<p>It&#8217;s quite a good idea actually. Normally Tenants are the ones that have all of lee-way so it&#8217;s nice that the Landlords have a bit of power for once.</p>
<p>Having said this, it&#8217;s not so good for businesses as one important factor in the sales value of a business is the lease terms, the value of which goes down dramatically if the Landlord can cancel with just 45 days notice.</p>
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		<title>By: Senior and Adult Day Care &#187; Blog Archive &#187; Florida Assisted Living Facilities Can Evict Residents Without &#8230;</title>
		<link>http://blog.sellsiusrealestate.com/legal/florida-assisted-living-facilities-can-evict-residents-without-reason-or-appeal/2008/04/15/#comment-213611</link>
		<dc:creator>Senior and Adult Day Care &#187; Blog Archive &#187; Florida Assisted Living Facilities Can Evict Residents Without &#8230;</dc:creator>
		<pubDate>Tue, 15 Apr 2008 18:05:16 +0000</pubDate>
		<guid>http://blog.sellsiusrealestate.com/legal/florida-assisted-living-facilities-can-evict-residents-without-reason-or-appeal/2008/04/15/#comment-213611</guid>
		<description>[...] Joseph Ferrara once again delivers unbelievable content. Florida Assisted Living Facilities Can Evict Residents Without &#8230; is a great read and is truly remarkable. Below is a brief overview of what was released: [...]</description>
		<content:encoded><![CDATA[<p>[&#8230;] Joseph Ferrara once again delivers unbelievable content. Florida Assisted Living Facilities Can Evict Residents Without &#8230; is a great read and is truly remarkable. Below is a brief overview of what was released: [&#8230;]</p>
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