AL Training Requirements (SB 1244) – SIGNED BY GOVERNOR
- Modifies the training program for AL communities to include training that is consistent with the training, competency and test methodology standards developed by the Arizona Health Care Cost Containment System (AHCCCS) for in-home direct care workers.
- Stipulates that the Board must prescribe rules for AL communities’ caregivers consistent with the training, competency and test methodology standards developed by AHCCCS for in-home direct care workers by June 1, 2020.
- Specifies that a person who successfully completes the training and competency requirements developed by AHCCCS for in-home direct care workers satisfies the training requirements for AL community caregivers, except for medication administration training required by the AL communities’ caregiver’s scope of practice.
Surety Bond (HB19-1043) – SIGNED BY GOVERNOR
Initiated and supported by LeadingAge Colorado, that allows life plan communities (LPCs) to use surety bonds as part of their operating reserves, freeing up cash funds for capital improvements or other purposes.
Advance Medical Directives (SB19-073) – SIGNED BY GOVERNOR
Allows for a statewide electronic system of advance directives
AL Referral Disclosures (HB19-1268) – SIGNED BY GOVERNOR
Requires referral entities to disclose to potential residents any business relationship with the assisted living residence (ALR) and that the assisted living residence pays for the referral.
Mental Health Facility Pilot Program (HB19-1160) – SIGNED BY GOVERNOR
Creates a new three-year mental health facility pilot program to provide residential care, treatment, and services to persons with both a mental health diagnosis and a physical health diagnosis. Assisted living communities can apply to be part of the pilot.
Clean Indoor Air Act (HB19-1076) – SIGNED BY GOVERNOR
Adds e-cigarettes and similar devices to the scope of Colorado Clean Indoor Air Act and removes exemptions where smoking is permitted, including designated smoking areas in assisted living residences.
An Act Concerning Alzheimer’s Disease and Dementia Training and Best Practices (SB 827) – SIGNED BY GOVERNOR
- Retains the two hours of contact training continuing education requirement for advanced practice registered nurse (APRN) license renewal.
- Beginning in January, APRNs must complete at least two contact hours of training or education in the following: diagnosing and treating cognitive conditions, including Alzheimer’s disease, dementia, delirium, related cognitive impairments, and geriatric depression; or diagnosing and treating any mental health conditions (instead of only those common to veterans and their family members).
- Allows, but does not require, APRNs to complete on the same schedule at least two contact hours of training or education on diagnosing and treating cognitive and mental conditions, including those listed above. By law, physicians and APRNs generally must complete 50 contact hours of continuing education every two years, starting with their second license renewal
Continuing Care Retirement Communities Contracts (HB 1033) – SIGNED BY GOVERNOR
- Creates an early intervention system, based on the CCRC’s performance, designed to identify, mitigate, or resolve financial issues so that a provider may avoid bankruptcy as well as protect the interests of the residents.
- Revises monthly, quarterly, and annual reporting by CCRCs to provide more relevant and timely information about financial performance.
- Imposes an express duty on CCRCs to produce records during an examination and gives the Office of Insurance Regulation (OIR) standing to petition a court for production of such records.
- Authorizes the OIR, under certain conditions, to issue an immediate suspension order on a CCRC as well as cease and desist order on a person that violates specified laws.
- Revises and streamlines provisions of law relating to applications for licensure and acquisition of a CCRC.
- Provides additional authority for the OIR to disapprove and remove unqualified management.
- Requires providers to make additional information, notices, and reports available to the residents or residents’ council.
- Revises the current process for the resolution of resident’s complaints to provide greater transparency regarding the process.
- Revises the membership of the Continuing Care Advisory Council to increase the number of resident members from three to four.
Alternative to Regulatory Inspections of Residential Care and AL Communities (S 1096) – SIGNED BY GOVERNOR
- Establishes an option for accreditation survey inspections, performed by an accreditation commission, in lieu of regular compliance inspections performed by the department for residential care or AL communities if all of the following conditions are met:
- The accreditation commission’s standards meet or exceed the state requirements for licensure for residential care or AL communities;
- The community submits to the department a copy of its required accreditation reports to the accreditation commission in addition to the application and any other information required for renewal of a license;
- The inspection results are available for public inspection to the same extent that the results of an investigation or inspection conducted by the state are available for public inspection;
- The accreditation commission complies with the health insurance portability and accountability act and takes reasonable precautions to protect the confidentiality of personally identifiable information concerning the residents of the community; and
- If the community’s accreditation report is not valid for the entire licensure period, the department may conduct a compliance inspection of the community during the time period for which the department does not have a valid accreditation report.
- Specifies the department shall not conduct an onsite compliance inspection of the residential care or AL community during the time the accreditation report is valid except for complaint surveys, reportable incidents, or in cases of emergencies. Accreditation does not limit the department in performing any power or duty under this chapter or inspection authorized under this section, including taking appropriate action relating to a residential care or AL community, such as suspending or revoking a license, investigating an allegation of abuse, exploitation, or neglect or another complaint, or assessing an administrative penalty
Amendment to Health Care Worker Background Check Act (SB 1965) – SIGNED BY GOVERNOR
- Amends the Health Care Worker Background Check Act.
- Creates a waiver program for individuals with a criminal record.
- Provides that an individual otherwise qualified for and intending to apply for a direct-care position who has a disqualifying conviction may initiate a fingerprint-based criminal history record check, where a conditional offer of employment has not been made and such a background check has not been previously conducted.
- Allows those individuals to request a waiver of the prohibition of employment.
AL License; Consumer Protections (HF 90) – SIGNED BY GOVERNOR
- Establishes licensure of AL communities and AL communities that provide dementia care. The bill also establishes additional requirements for AL communities that provide dementia care and creates resident rights and consumer protections for residents of AL communities, nursing facilities, and housing with services establishments.
- Appropriations contained in the bill will be focused on the protection of vulnerable adults and AL licensure.
- LeadingAge Minnesota played a major role in advocating for the passage of this legislation.
AL Criminal Background Checks (HB 566) – SIGNED BY GOVERNOR
- Requires AL communities to conduct a background check for all applicants for employment.
- Provides option of conducting a name based background check or require applicants to submit fingerprints to facilitate a fingerprint and background check by the Montana Department of Justice and the Federal Bureau of Investigation.
- Specifies that AL communities may not employ people who have committed certain crimes.
- Specifies sanctions for an AL community that is not conducting background checks.
Database of Grievance Procedures from AL Communities (LB 571) – SIGNED BY GOVERNOR
- Requires the Department of Health and Human Services to maintain a data base of grievance procedures given to an AL resident applicant for admission. The database must be made available upon request to the deputy public counsel for institutions
Senate Bill 302 was signed into law by the Governor on July 26, 2019.
- States that the Department will not certify an administrator who has a substantiated finding of neglect, abuse, misappropriation of property, diversion of drugs or fraud.
- Reduces the educational requirements to become a certified adult care administrator by replacing 60 months of supervisory experience for the previously required 2 years of college.
House Bill 70 was signed into law by the Governor on June 6, 2019.
- This law gives assisted living communities serving Medicaid beneficiaries the option of participating in the Health Information Exchange but does not mandate participation.
Electronic Monitoring of Long Term Care Resident Rooms (SB 2113) – SIGNED BY GOVERNOR
- Allows long-term care community (includes AL) residents or their representatives to authorize the use of electronic monitoring devices in their rooms.
- Specifies requirements for residents and communities.
Alzheimer’s disease and Dementias Task Force (SB 24) – PASSED SENATE AND HOUSE AGING & LONG-TERM CARE COMMITTEE
- Creates Task Force appointed by the Governor to examine the needs of individuals diagnosed with Alzheimer’s disease or related dementias, the services available in Ohio for those individuals, and the ability of health care providers and communities to meet the individuals’ current and future needs.
- The Ohio Assisted Living Association, Argentum’s state partner, is one of 27 members that will have a seat on the task force.
Creates the State Alzheimer’s Disease and Related Dementia Advisory Council (PUBLIC CHAPTER 364)
This eleven-member council was given four tasks:
- To research the current status of Alzheimer’s disease and related dementias in Tennessee
- To assess available industries, services, and resources to serve persons, families and caregivers impacted by these diseases
- To develop a strategy to mobilize a response to needs identified
- To prepare a report to Governor Lee by Jan. 15, 2020.
The council must meet at least twice between now and the end of the year. The council will include two legislators, a representative from the Tennessee Health Care Association and one from LeadingAge, a licensed medical professional, a representative from the TennCare Bureau, the Commissioner of Health, an appointee by Governor Lee, a caregiver, a representative from the Alzheimer’s Association, and a member of the public.
Creation of Elder Abuse Task Force (PUBLIC CHAPTER 135)
- Another study will be conducted by the Elder Abuse Task Force.
- This group is directed to assess the current status of elderly and other vulnerable adults covered by the Adult Protection Act to determine recommendations and policies to address current issues and barriers related to financial exploitation of the elderly.
- This task force will operate in coordination with the Commission on Aging, which will call the first meeting and will provide administrative support.
Services Provided by AL Communities (HB 3329) – SIGNED BY GOVERNOR
- Clarifies current statute to allow AL communities to perform health maintenance activities (HMAs) as defined by the Texas Board of Nursing.
- HMAs are tasks that may be exempt from registered nurse’s (RN) delegation based on an RN assessment that enables a resident to remain in an independent living environment and go beyond activities of daily living because of the higher skill level required to perform.
- The Texas Health and Human Services Commission will develop and adopt rules to distinguish and provide guidelines on the type of training and/or staff authorized to perform certain HMAs in an AL community.
Expedited On-Site Health Inspection Process for AL Community License Applicant (HB 823) – SIGNED BY GOVERNOR
- Amends the Health and Safety Code to require the expedited inspection process for AL communities implemented by rule of the executive commissioner of the Health and Human Services Commission to allow an applicant for an AL community license or for a renewal of such a license to obtain an on-site health inspection not later than the 21st day after the date the request is made.
Long-Term Care Community Survey and Informal Dispute Resolution Council (SB 1519) – SIGNED BY GOVERNOR
- Re-establish the council and seeks to build upon the council’s prior work, by expanding the scope of the council to review and make recommendations on both long-term care community regulations and quality-based Medicaid payments programs for such communities.
- AL communities are included in the scope of the council’s focus.
Prevention of Communicable Diseases in Certain Long-Term Care Communities (HB 1848) – SIGNED BY GOVERNOR
- Require each long-term care community’s (including AL) infection prevention and control program to include monitoring of key infectious agents and multidrug-resistant organisms as well as procedures for making rapid influenza diagnostic tests available to residents. The bill also directs DSHS to create a regional advisory committee in each public health region to address antimicrobial stewardship in long-term care communities and to improve this stewardship through collaborative action.
Special Care Unit Staffing (SB1410 / HB2521) – SIGNED BY GOVERNOR
- Initiated by the Virginia Assisted Living Association (VALA), this legislation acknowledges the staffing needs for special care units within Virginia’s assisted living communities vary based on a variety of factors, including number of residents, the resident acuity levels, and the level of activities within the community during overnight hours.
- These bills also allowed for more flexibility in communities to receive emergency placements of residents during night hours.
- The new requirements are effective Oct. 17, 2019.
Emergency Operations (SB 1077 / HB 1815) – SIGNED BY GOVERNOR
- VALA worked with legislators and regulators to amend current regulations that would provide for additional resident safety during times of emergency situations.
- Effective Oct. 17, 2019, assisted living communities will be required to disclose to prospective residents whether it has an onsite emergency electrical power source.
- As of Dec. 1, 2020, communities will be required to periodically test emergency generators and temporary emergency electrical power source connections. As of December 1, 2020, communities will also be required to make sure it has access to an emergency generator, which can be accomplished through agreements with a vendor to supply the generator in times of need.
Concerning Long-Term Services and Supports (HB 1087) – SIGNED BY GOVERNOR
- Establishes a long-term care services and supports benefit for every Washingtonian whose family member contributes.
- Anyone who meets the vesting and functional eligibility requirements is able to access the current maximum $36,500 lifetime benefit. To vest long-term, you must be a Washington resident and contribute for at least 10 years, without an interruption of five years or more.
- To vest short-term, you must be a Washington resident and contribute for at least three of the past six years.
- To meet the eligibility requirements, you must demonstrate a need for assistance with multiple activities of daily living, which could include dressing, bathing, eating, moving around, cognitive issues, personal hygiene, and others.
- W-2 workers are required to contribute to the trust fund at a set .0058 premium on payroll income.
- 1099 workers and business owners, sole-proprietors, and other self-employed individuals will have the option to contribute at the same premium level.
- The per capita average income in WA is $36,975. Monthly contributions on this income would be $17.87 (according to American Community Survey).