WITH ANSWERS GRADED A+ 2025/2026
Administrator - licensed individual with day-to-day administrative charge of a facility
Statement of Resident Rights - - must be posted in facility
- must have written plan and provide staff training to implement these rights
- must include statement that resident can file a complaint with AHCA or Ombudsman
- must include name, address, and phone # of local ombudsman council and central
abuse hotline
treating an individual without consent - - civil tort
- criminal battery
When a resident refuses treatment - 1) ascertain what patient is refusing
2) inform patient of consequences of such refusal
3) inform resident of alternatives
4) notify physician
5) document refusal and action taken by staff
6) provide all other treatment not refused in accordance with care plan
residents whose rights are violated can sue for - actual and punitive damages
residents who get injunctive relief or administrative remedy are entitled to - - recover
costs
- reasonable attorney's fee not to exceed $25k
Allegations of residents rights or negligence must prove - 1) the facility owed a duty to
the resident
2) the facility breached that duty
3) the breach of duty is the legal cause of loss, injury, death, or damage to the resident;
AND
4) the resident sustained loss, injury, death, or damage as a result of the breach
Pre-Suit Notice - prior to filing a lawsuit, the claimant must provide a facility pre-suit
notice by certified mail, return receipt requested, of an asserted violation
Statutory 75-day waiting period - - no suit can be filed until 75 days after the pre-suit
notice is mailed to defendant
- purpose to give facility time to evaluate merits of claim and to settle or mediate claim
- claim must be reviewed by:
1) qualified facility risk manager or claims adjuster
2) attorney
3) quality assurance committee
- facility must reject claim or make a settlement offer within 75 days
- failure to reply = rejection of the claim
,Discovery - - documents and unsworn statements
- nothing generated during these procedures is admissible in any civil action
- failure to provide complete copies of resident's records waives the pre-suit notice
requirements
settlement offer - if defendant makes settlement offer, claimant has 15 days to accept
rejection of claim/settlement offer - - if parties don't settle, must meet in mediation within
30 days of rejection
- at conclusion of mediation, claimant has 60 days to file suit
lawsuit statue of limitations - 1) 2 years from incident giving rise to the action; or
2) 2 years from the time the incident is discovered, but no later than 4 years from the
date of the incident
- 6 years if defendant intentionally concealed incident
defendant liable for punitive damages - only if the trier of fact finds that the defendant is
personally guilty of intentional misconduct or gross negligence
intentional misconduct - defendant had actual knowledge of wrongfulness of conduct
and high probability of injury and intentionally pursued that course of conduct
gross negligence - defendant's conduct was reckless and indifferent to the safety and or
rights of persons exposed to such conduct
punitive damages imposed against an employer for conduct of an employee, only if - 1)
employer actively and knowingly participated in such conduct
2) employer condoned or consented to such conduct; or
3) employer engaged in conduct that constituted gross negligence
punitive damages award - 1) 3x damages or $1 million
2) if defendant's conduct was egregious and motivated primarily by unreasonable
financial gain and likelihood of harm was known: 4x damages or $4 million
3) if defendant had a specific intent to harm the claimant: no cap
- clerk of court will forward a case to law enforcement to investigate criminal conduct if
punitive damages are awarded in a case
- findings of a judge supporting punitive damages are admissible in civil and criminal
proceedings
Facility License Fees - 1) annual fee of $100/bed
2) initial or annual resident protection fee of $0.50/bed
3) initial or annual data collection and analysis assessment fee of $6/bed
, Application for Facility License Contents - 1) name of any person owning at least a 10%
interest in any entity providing goods or services to the facility
2) location of facility
3) name of person who will manage facility
4) name of administrator
5) total # of beds, and MCR/MCD certified beds
6) number, experience, and training of facility employees
7) must demonstrate sufficient numbers of qualified staff, by training or experience, will
be employed to properly care for residents
8) must fully explain any convictions for a disqualifying crime
9) must disclose bankruptcy or sale or transfer of assets within 30 days of completion
10) submit evidence of good moral character of applicant, manager, and administrator
11) must submit a plan for QA and risk management
12) must provide proof of legal right to occupy property
Standard License - - means the facility has no Class 1 or Class 2 deficiencies; and
- has corrected all Class 3 deficiencies within the time established
Conditional License - facility is not in substantial compliance due to:
- has 1+ Class 1 or Class 2 deficiencies; OR
- Class 3 deficiencies not corrected within the time established
will get standard license if no Class 1, 2, or 3 on follow up survey
Plan of Correction - conditional license status - must be submitted within 10 working
days after receiving notice of deficiencies
inactive license - - can be issued for all or portion of beds
- issued for up to 12 months, renewable for 6 more months
- reactivation requires pay all licensure fees and inspection
Facility License Expiration - - expires 1 year from date of issuance
- must submit renewal application 90 days prior to expiration date
- must disclose whether facility was excluded or suspended from MCR/MCD program,
or if any employee was convicted of a disqualifying offense
- licensee with a revocation, suspension, or judicial proceeding pending at time of
renewal may be issued a temporary license effective until final disposition
Facility License Renewal Late Fee - - 50% of fee in effect on last preceding regular
renewal date
- late fee levied each day filing is delayed - not to exceed $5k
Conditions that are grounds for action by the agency against a licensee - 1) intentional
or negligent act materially affecting resident health or safety
2) misappropriation or conversion of resident property