ARIZONA
AL Training Requirements – SIGNED BY GOVERNOR (SB 1244)
- 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.
COLORADO
AL Community Referral Disclosures – SIGNED BY GOVENOR (HB 1268)
The bill requires an individual or entity who, for a fee, refers a prospective resident to an AL community to disclose:
- Any business relationships that the referring party has with the AL community; and
- That the AL community pays for the referral.
It also requires written or electronic documentation of the disclosure to be provided to and maintained by the AL community. The referring party is subject to a civil penalty for a violation. The attorney general or district attorney in the appropriate county is authorized to bring a civil action to seek a civil penalty and to enjoin the referring party from any further violation.
FLORIDA
Continuing Care Retirement Communities – AWAITING GOVERNOR’S ACTION (HB 1033)
- 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.
Medical Use of Marijuana—SIGNED BY GOVERNOR (SB 182)
- The bill rescinds Florida’s medical marijuana smoking ban and included provisions designed to promote patient access to medical marijuana and limit how minors are able to procure it;
- AL is specifically referenced in the bill, which clarifies that the use of medical marijuana, and the assistance of a caregiver in the use of medical marijuana, is allowed in AL as long as community policies do not prohibit the use of medical marijuana. Additional clarification is expected to be provided in the future.
AL Rulemaking Authority – SIGNED BY GOVERNOR (SB 184)
- Moves rule making authority for certain programs from the Department of Elder Affairs (DEA) to the Agency for Health Care Administration (AHCA) including AL communities, hospice care, adult family care homes, and adult day care programs.
- AHCA now will perform all regulatory functions related to the AL communities.
GEORGIA
AL Medication Aide – Administration of Liquid Morphine – SIGNED BY GOVERNOR (HB 374)
- Authorizes and establishes conditions allowing for the administration of liquid morphine by a certified AL medication aide to a resident of an AL community who is a patient of a licensed hospice.
Re-Designation of CCRCs as Life Plan Communities – SIGNED BY GOVERNOR (HB 300)
- Re-designates continuing care retirement communities as life plan communities.
IDAHO
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.
MINNESOTA
AL License; Consumer Protections – SIGNED BY GOVERNOR (HF 90)
- 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.
MONTANA
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.
NEBRASKA
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
NEVADA
Revises Provisions Concerning Certain Group Housing (SB 92) – APPROVED BY GOVERNOR
- Requires a person to obtain such a license if the person operates a business that provides referrals to any other group housing arrangement that provides assistance, food, shelter or limited supervision to persons with mental illness or disabilities or who are aged or infirm.
- Requires the Division of Public and Behavioral Health of the Department of Health and Human Services to conduct a review of unlicensed group housing arrangements that provide assistance, food, shelter or limited supervision to such persons to determine whether regulation of those unlicensed group housing arrangements is advisable to protect the health and safety of such persons.
NEW YORK
Notification of the Appointment of a Temporary Operator in Certain Adult Care Communities – PASSED SENATE AND ASSEMBLY (S 1193)
- Requires the Department of Health to direct temporary operators to provide written notification to residents of all adult homes, enriched housing programs, residences for adults and AL programs where a temporary operator has been appointed.
Relates to CCRCs; Repealer – PASSED BY SENATE (S 1803) AND ASSEMBLY (A 8193)
- Repeals Article 46 and 46-A of the Public Health Law to consolidate authority for establishment and operational oversight of CCRCs into the Department of Health.
NORTH DAKOTA
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.
OHIO
Alzheimer’s Disease and Dementias Task Force – PASSED SENATE AND HOUSE AGING & LONG-TERM CARE COMMITTEE (SB 24)
- 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.
TEXAS
Services Provided by AL Communities – SIGNED BY GOVERNOR (HB 3329)
- 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 – SIGNED BY GOVERNOR (HB 823)
- 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 – SIGNED BY GOVERNOR (SB 1519)
- 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 – SIGNED BY GOVERNOR (HB 1848)
- 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.
WASHINGTON
Concerning Long-Term Services and Supports – SIGNED BY GOVERNOR (HB 1087)
- 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 5 years or more.
- To vest short-term, you must be a Washington resident and contribute for at least 3 of the past 6 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. (American Community Survey)
- Benefit choices include AL.
