ARIZONA
SB 1244 – Assisted Living Caregivers Training
- Requires that training for assisted living facility caregivers be 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.
- Directs the Arizona Board of Nursing Care Institution Administrators and Assisted Living Facility Managers (NCIA) to prescribe rules for assisted living facility training programs that are consistent with the training, competency and test methodology standards developed by AHCCCS for in-home direct care givers, by June 1, 2020.
- Specifies that a person who has completed the training and competency requirements developed by AHCCCS for in-home direct care workers satisfies the training requirements for assisted living facility caregivers, except for medication administration training required by the assisted living facility caregiver’s scope of practice.
Latest Action: 03/06/2019- House Second Read
SB 1356 – Assisted Living Caregiver Training and Testing Requirements
- Establishes that an individual must successfully complete either of the following for certification as an assisted living facility caregiver:
- a) 62 hours of on-the-job training under the direct supervision of prescribed health professionals and pass the Board required examination; or
- b) the required curriculum and examination prescribed by the Board for assisted living facility caregiver certification.
- Requires an assisted living facility caregiver to pass the required Board examination with at least a 75 percent.
- Directs the Board to prescribe on-the-job training standards.
- Requires the Board to prescribe standards by rule that allow a person with on-the-job training in an assisted living facility to count on-the-job training hours towards the requirements for certification as an assisted living facility caregiver.
- Defines direct supervision.
Latest Action: 03/13/2019 – House read second time
SB 1538 – Adult Protective Services
- Expands the list of individuals who are required to report abuse, neglect or exploitation of a vulnerable adult to include a licensed practical or registered nurse; certified nursing assistant; home health provider; pharmacist; speech, physical or occupational therapist; long term care provider; guardian; or conservator
- Requires a person who has responsibility for the care of a vulnerable adult to report to a peace officer or the APS central intake unit, rather than a protective service worker.
- Stipulates that an employee or agent of a health care institution is deemed to have complied with prescribed reporting requirements by reporting or causing a report to be made to the health care institution in accordance with the health care institution’s procedures.
- Requires a guardian or conservator of a vulnerable adult to report to the APS central intake unit, in addition to the county superior court.
- Requires a person responsible for preparing the tax records of a vulnerable adult or for any other action concerning the use or preservation of a vulnerable adult’s property to report to a peace officer or APS central intake unit, rather than a protective service worker or public fiduciary.
- Allows reports to be made online.
- Eliminates in-person reporting and the requirement that a written report be mailed after a report is made.
- Prohibits retaliation against a person who reports in good faith or a vulnerable adult who is the subject of a report.
- Establishes a presumption of retaliation for any adverse action taken against a person who reports or is the subject of a report within 90 days after the report is filed.
Latest Action: 03/11/2019 – House read second time
FLORIDA
HB 1349 – Assisted Living Facilities
- Amends the criteria for admission to an ALF; Specifies information that must be included in the medical examination form used by the ALF to determine the appropriateness of placement of a resident; Amends ALF requirements for arrangement of care for resident’s with dementia or cognitive; impairment.
- Amends requirements for rules governing ALF facilities; Requires guests of ALF residents to comply with the facility’s security procedures and prohibits guests from posing a health or safety risk to other residents or facility staff.
- Amends requirements for rules governing ALFs by requiring that rules allow for technological advances in the provision of care, safety, and security and address the sanitary condition of the facilities furnishings for resident bedrooms or sleeping areas, locking devices, linens, laundry services and similar physical plant standards.
- Removes rule authority for standards for plumbing, heating, cooling, lighting, ventilation, living space and other housing conditions and that address moratoriums, classification of deficiencies, levying of penalties and the use of income from fees and fines.
- Allows ALFs to use safety devices, equipment, and reasonable security measures for wander management, emergency response, staff risk management and for the general safety and security of residents, staff and the facility.
- Requires ALF administrators receive a minimum score on the required competency test and allows DOEA to contract with another entity to administer the competency test.
- Requires staff that assist with self-administration of medications complete two hours of continuing education annually.
Last Action: 03/19/2019 – CS Adopted by House Health Market Reform Subcommittee
SB 1070 – Continuing Care Retirement Communities
- 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 OIR standing to petition a court for production of such records.
- Authorizes the Office of Insurance Regulation (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.
Last Action: 03/14/2019 – CS Adopted by Senate Banking and Insurance Committee
GEORGIA
HB 374 – Assisted Living Medication Aide – Administration of Liquid Morphine
- Authorizes and establishes conditions allowing for the administration of liquid morphine by a certified assisted living medication aide to a resident of an assisted living community who is a patient of a licensed hospice.
Latest Action: 03/14/2019 -Senate Read Second Time
HB 300 – Re-Designation of CCRCs as Life Plan Communities
- Re-designates continuing care retirement communities as life plan communities.
Latest Action: 03/14/2019 – Senate Committee Favorably Reported
HB 247 – Crimes Against Disabled Adults and Elder Persons
- Repeals an enhanced penalty related to battery against a person 65 years of age or older.
- Expands definition of exploitation of a disabled adult or elder person to include, but not limited to, the illegal taking of resources belonging to a disabled adult or elder person when access to the resources was obtained due to the disabled adult’s or elder person’s mental or physical incapacity.
- Provides for authorization and conditions for law enforcement to inspect unlicensed personal care homes.
Latest Action: 03/08/2019 – Senate Read and Referred
ILLINOIS
HB 2488 – Continuing Care Task Force
- Amends the Life Care Facilities Act to create the Continuing Care Retirement Community Transparency Task Force to research and collect information on transparency and consumer protection issues for life care contracts.
- Provides that the Task Force shall review existing legal frameworks to identify all existing consumer protections for residents living in continuing care retirement communities and all areas in which more consumer protections for continuing care retirement community residents are necessary.
- Provides that the Task Force shall identify any shortcomings of the definition of “life care contract” and determine whether that definition should be expanded to include more senior living facilities.
- Provides that the Task Force shall report its findings to the Governor and General Assembly by December 31, 2019.
Latest Action: 03/20/2019 – Passed House Human Services Committee
KENTUCKY
SB 128 – Assisted Living Community Certification/Renewal; Awake Staff
- Creates new section of law to prohibit certification or certification renewal of an assisted-living community if it is owned, managed, or operated by any person convicted of certain crimes or listed on an abuse list; exempts owner of an assisted-living facility certified as of July 1, 2019 under specified circumstances.
- Makes changes to the appeals and renewal processes.
- Specifies that at least one awake staff member shall be on site at all times and shall not be shared with another level of care during the shift being worked at the community.
Latest Action: 03/04/2019 – Referred House Health and Family Services
MONTANA
HB 566 – Assisted Living Criminal Background Checks
- Requires assisted living facilities 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 assisted living facilities may not employ people who have committed certain crimes.
- Specifies sanctions for an assisted living facility that is not conducting background checks.
Latest Action: 02/27/2019 – Tabled in Committee
SB 306 – Memory Care Community Caregiver Staffing Ratios
- Specifies that category C assisted living facilities (memory care) with eight or more beds, related to requirements for the minimum number of direct-care staff that must be on duty at a given time to provide adequate care, be expressed as a ratio of residents to staff or of residents to staff hours.
Latest Action: 03/13/2019 – Tabled in Committee
NEBRASKA
LB 571 – Database of Grievance Procedures from Assisted Living Facilities
- Requires the Department of Health and Human Services to maintain a data base of grievance procedures given to an assisted living resident applicant for admission. The database must be made available upon request to the deputy public counsel for institutions
Latest Action: 03/01/2019 – Health and Human Services Committee Hearing
LB 597 – Reporting of Incidents and Development of Policies for Assisted Living Facilities
- Requires administrators of assisted-living facilities to report to the Division of Behavioral Health in the Department of Health and Human Services (HHS) about certain prescribed incidents. The incidents include: violence between residents; violence between residents and employees; incidents involving injuries to residents or employees which require medical treatment and which restrict the injured person’s usual activities; and, incidents involving bed bugs.
Latest Action: 03/01/2019 – Health and Human Services Committee Hearing
NEW HAMPSHIRE
SB 255 – Dementia Training for Direct Care Staff in Residential Facilities
- Creates minimum training requirements for staff members working in facilities or programs regulated by the health facilities administration, department of health and human services which include persons with Alzheimer’s disease or other dementias in the populations they serve. Under this act, the dementia specific training curriculum shall incorporate principles of person-centered dementia care including: thorough knowledge of the person and the person’s abilities and needs; advancement of optimal functioning and a high quality of life; and use of problem-solving approaches to care.
- Specifies facilities and will provide initial training to: (a) All covered staff members hired on or after July 1, 2019, who shall complete initial training within 90 days of the commencement of employment. (b) All covered staff members who were employed prior to the date under subparagraph (a) and who have not received equivalent training; such training shall be completed within 6 months of that date.
- Specifies direct service staff members and covered administrative staff members, at a minimum, the curriculum used for the initial training shall cover the following topics: (a) Detection and cognitive assessment of Alzheimer’s disease and dementia; (b) Person-centered care; (c) Assessment and care planning; (d) Supportive and therapeutic environments; (e) Staffing, training, management, and systems for improvement; (f) Medical management; (g) Ongoing care for behavioral and psychological symptoms of dementia and support activities of daily living; (h) Information, education, and support; and (i) Transitions and coordination of services.For other covered staff members, training shall include, at a minimum, communication issues related to dementia.
- Requires the Commissioner, in addition to initial training, to establish continuing education requirements.
Latest Action: 03/19/2019 – Referred to House Health, Human Services and Elderly Affairs Committee Hearing
SB 273 – Regulation of Nursing Assistants by Board of Nursing and Criminal History Check for Nurses
- Creates a committee to study the regulation of nursing assistants by the board of nursing and criminal history record checks for nurses.
Latest Action: 03/14/2019 – Senate Executive Departments and Administration
NEW JERSEY
A436 – Priority Power Restoration for Assisted Living Facilities and Nursing Homes
- Requires the Board of Public Utilities (BPU) to adopt rules and regulations requiring an electric public utility to provide priority power restoration following an extended power outage to: 1) hospitals; 2) nursing homes; 3) assisted living facilities; 4) chronic or acute renal dialysis facilities; and 5) clinical or research laboratories or institutes that store human blood, other human tissue, or human DNA.
- Requires BPU to allow a utility to exercise its discretion to prioritize power restoration to any of the specified facilities after an extended power outage in accordance with the facilities’ needs and the characteristics of the geographic area in which power is to be restored.
- Specifies priority power restoration efforts to the specified facilities are not to divert efforts to restore power where needed to otherwise maintain overall public safety.
Latest Action: 03/04/2019 – Received in the Senate, Referred to Senate Economic Growth Committee
NEW YORK
A 1033 – Psychotropic Medications in Adult Care Facilities and Nursing Homes
- Adds a new section 280-c to article 2-A of the Public Health Law to detail the information that must be provided before a health care professional may prescribe a psychotropic medication and require a written informed consent before the initial order, or before an increase in the dose or duration of an existing order.
- Accommodates the need of patients who lack capacity and have lawful representation by a health care agent or surrogate. It provides notification within 48 hours of an order for a psychotropic medication to family members who have requested and are lawfully permitted to receive such notice. It establishes requirements for record keeping in relation to such medication orders and the contingent informed consent.
- Allows for an emergency order for psychotropic medication where it is reasonably necessary to protect the life, health or safety of the patient or others, with prompt notification to lawful representatives and family members lawfully permitted to receive such notice.
Latest Action: 02/21/2019 – Advanced to Third Reading
NORTH DAKOTA
SB 2113 – Electronic Monitoring of Long Term Care Resident Rooms
- Allows long term care facility (includes assisted living) residents or their representatives to authorize the use of electronic monitoring devices in their rooms.
- Specifies requirements for residents and facilities.
Latest Action: 03/04/2019 – House Human Services Committee
OKLAHOMA
SB 924/HB 1206 – Requiring Assisted Living Centers To Post Certain Information Related to Immunizations
- Requires each assisted living center to annually post in a conspicuous location, no later than September 1 of each year, the current Vaccine Information Statements on influenza vaccines as provided by the Centers for Disease Control and Prevention and other educational information on influenza disease, which shall include, but not be limited to: 1. The risks associated with influenza disease; 2. The availability, effectiveness, and known contraindications of the influenza immunization; 3. Causes and symptoms of influenza; and 4. the means by which influenza is spread.
Latest Action: 03/19/2019 – Referred to House Health Services and Long Term Care Committee
OREGON
SB 815 – Disclosure Requirements for Assisted Living and Memory Care Communities
- Requires memory care facilities and assisted living facilities to provide written notice to applicants for admission and to current residents at specified times regarding services, rates, staffing and eligibility or of changes to services, rates, staffing or eligibility.
Latest Action: 03/18/2019 – Public Hearing held
SB 725 – Relating to Background Checks of Individuals Who Provide Care
- Specifies charges or convictions that may not be considered in fitness determinations. Prohibits Oregon Health Authority or Department of Human Services from conducting criminal records checks on long term care and support service providers more than once in every two-year period.
Latest Action: 03/04/2019 – Public Hearing held
HB 2569 – Relating to Background Checks for Long Term Care Workers
- Directs Department of Human Services to assign exactly one universal provider number to persons listed on registry of persons who provide long term care.
- Directs department to require fingerprints in conducting criminal records checks of certain long term care workers including those employed in residential care facilities and assisted living facilities.
- Disallows sharing of fingerprint records of certain long term care workers with Federal Bureau of Investigation.
Latest Action: 03/11/2019 – Public Hearing held
HB 2600 – Relating to Disease Outbreaks in Congregate Care Facilities
- Requires long term care facilities and residential care facilities providing care to six or more residents to adopt specified protocols and procedures regarding preventing and reporting disease outbreaks. Requires administrators and certain employees of facilities to be trained in recognizing and reporting disease outbreaks.
- Requires long term care facilities and residential care facilities providing care to six or more residents to have inspection by Oregon Health Authority to ensure compliance with health and sanitation laws.
- Requires Long Term Care Ombudsman and Residential Facilities Ombudsman to inform staff at long term care facilities and residential care facilities about responsibility of staff to report disease outbreaks and about protections for staff who report disease outbreaks. Requires ombudsmen to report to licensing agency any disease outbreak reported to ombudsmen by facility staff.
Latest Action: 01/31/2019 – Public Hearing held
SOUTH DAKOTA
HB 1268 – Electronic Monitoring in Assisted Living and Nursing Facilities
- Allows assisted living and nursing home residents or their representatives to authorize the use of electronic monitoring devices in their rooms.
- Specifies requirements for residents and facilities.
Latest Action: 02/11/2019 Passed House Judiciary Committee
TEXAS
HB 284 – Assisted Living Alzheimer’s/Dementia Disclosure Requirements
- Requires assisted living facilities to prepare a written notice disclosing whether the facility holds a license or does not hold a license classified under Section 247.029 for the provision of personal care services to residents with Alzheimer ’s disease or related disorders.
- Requires assisted living facilities to provide written notice related to whether or not the facility holds a license classified under Section 247.029 to the following: (1) each resident of the facility; (2) each person applying for services from the facility or the person ’s next of kin or guardian; and (3) any person requesting the information.
- Requires assisted living facilities to keep a record of each person to whom notice is provided.
- Requires assisted living facilities to prominently and conspicuously post for display in a public area of the facility that is readily available to residents, employees, and visitors the written notice.
Latest Action: Left Pending in House Human Services Committee.
WASHINGTON
HB 1296 – Continuing Care Retirement Community Requirements
- A “Type A contract” is defined as a care contract that includes housing, residential services, amenities, and unlimited, specific health-related services with periodic payments, subject to specific adjustments, as well as an entrance fee. Health-related services may include services provided by assisted living facilities, nursing homes, or in-home services agencies.
- Applicants for registration with the Department of Social and Health Services (Department) as a continuing care retirement community (CCRC) must submit copies of any service or care agreements used for nonindependent residents. Agreements must be clear and complete and detail the mutual expectations and obligations of the resident and the CCRC. Applicants for registration as a CCRC must also submit a copy of the CCRC’s most recent actuarial report if the applicant either: (1) offers, or plans to offer, Type A contracts; or (2) does not offer Type A contracts, but has obtained an actuarial report within the previous three years. The actuarial report must have been prepared within three years of the date of the CCRC’s application for its current registration. The date for submitting an actuarial report may be extended up to five years if the CCRC’s most recent financial statement shows a surplus and the CCRC’s three most recent financial statements show positive operating earnings.
- For fiscal years ending on or after December 31, 2019, CCRC disclosure statements must include whether, and in what manner, funds have been set aside for reserves or other contingent liabilities. In addition, if a management company controls the CCRC, the financial statements must disclose:
- the dollar amount of management fees paid by resident fees and expended by the management company to provide management services and products for the CCRC;
- the dollar amount of management fees paid by the management company to entities controlled by the management company to provide management services or products for the CCRC, including the names of the entities; and
- the amount and terms of any outstanding loans from the CCRC to the management company or any entity controlled by the management company.
Disclosure statements for CCRCs must also include an actuarial summary of the CCRC’s most recent actuarial report, including material actuarial assumptions, if the CCRC either: (1) offers Type A contracts; or (2) does not offer Type A contracts, but has obtained an actuarial report within the previous three years. Residents and prospective residents of the independent living portion of the CCRC may receive a copy of the most recent full actuarial report by submitting a written request. The CCRC shall redact any personal financial or health care information before providing the full actuarial report. A resident or prospective resident that receives the full actuarial report may only disclose it to other residents of the independent living portion of a CCRC and their legal, financial, and actuarial advisers. Disclosure statement requirements apply to any entity that manages or operates, or has a significant role in the management or operation of, an entity that agrees to provide continuing care to a resident under a residency agreement.
- The expectations of residents of the independent living portion of a CCRC are expanded to include the expectation to be able to participate in significant decisions affecting the resident’s health, welfare, and financial security. Management retains its decision-making authority as provided in the residency agreement and applicable law. In addition, residents may expect that all agreements and transactions between the CCRC and a management company that controls the CCRC shall be priced at or below fair market value, be in the best interests of residents, and not substantially limit the CCRC’s ability to exercise its rights under any agreement. Residents may also expect residency agreements that provide for refundable entrance fees to assure that any refund due to a resident that leaves a unit shall be based on the entrance fee that the resident provided. A resident may expect that refunds of the entrance fees will be available if the resident physically leaves the CCRC or dies. Once five years have passed from the issuance of a certificate of occupancy, refunds must be paid no later than the earlier of the thirtieth day after the unit is reoccupied and the resident no longer lives in the CCRC, or two years following the resident’s departure or death. Each CCRC must maintain a list of vacant units, the dates on which the units became vacant, and the prices of the units. Current and prior residents of the independent living portion of the CCRC may receive a copy of the list. Upon request, residents may receive a copy of the current disclosure statement and any agreement most recently filed with the Department. The CCRC must notify independent residents that audited actuarial evaluations are available within 30 days of delivery to the chief financial officer. It is specified that, in addition to a resident’s right to file a complaint, residents may pursue other legal remedies.
Latest Action: 03/12/2019 First reading, referred to Health & Long-Term Care
