Assisted Living Living Regulations Adopted!
On March 26th, the Department of Health adopted final regulations governing assisted living facilities in New York State. Click here to see a summary of the adopted regulations. Thanks to all who sent in letters and faxes letting our state policy makers know how important these regulations are.
One change that we are not pleased about is that the requirement that RNs be present for one shift a day for 7 days a week in facilities with enhanced and special needs certificates (as stated in the last version) has been changed to a requirement for a RN for one shift a day for only 5 days with LPNs for the remaining 2 days. Although this is a lowering of the standard from the last version, it is a significant victory for all of us who fought for RNs for residents with enhanced and special needs. All in all, the regulations are very protective.
It is important to note that it will take months for the first application for licensure to be approved by the Department and for such residences to be required to comply with the adopted regulations.
Once this happens, we must make sure that these regulations are enforced.
Click here to see the full adopted regulations and an assessment of public comment done by the Department of Health.
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LTCCC Releases White Paper: How to Make Assisted Living Affordable
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NY Assisted Living Law:
In 2004, NY State passed a bill requiring licensure for all assisted living in the state. Prior to that time, a bifurcated system existed, in which there were licensed adult homes and enriched housing and unlicensed residences (often calling themselves assisted living) providing similar services but with little oversight or accountability. LTCCC, worked hard to ensure passage of a law with a good basis for consumer protection. The new law, for which regulations have been published for public comment, requires licensure for all communities and has specific requirements for residences that wish to care for people with dementia or allow residents to "age in place" (stay in the home as they become more frail). Follow the links below to learn more about the issue and our work to protect seniors in assisted living. Find Out More Speak Out On Assisted Living Applications in Your Community
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State Task Force on Assisted Living:
According to the Assisted Living law that passed in 2004, the State Task Force was created to update and revise the requirements and regulations applicable to adult care facilities and assisted living residences to better promote resident choice, autonomy and independence. The task force has been charged to make recommendations (a) minimizing duplicative or unnecessary regulatory oversight; (b) ensuring that the indigent have adequate access to, and that there are a sufficient number of enhanced assisted living residences; (c) developing affordable assisted living; (d) promoting resident choice and independence; (e) the evaluation tool as required by section 4657 of the public health law; and, (f) specific standards and criteria relating to the special needs certificates required by section 4655 of the public health law. As of this date, the Task Force has accomplished (e) and (f) and is focusing on the other tasks. Cynthia Rudder, director of special projects, is a member of this ten person Task Force. She, with the help of the LTCCC's Assisted Living committee has proposed the changes to current adult home regulations to promote resident choice, autonomy and independence. Click here to see the recommended changes.
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of 2004 Law
Law
Summary
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MORE NEWS AND INFORMATION:
LTCCC helps to form new, national assisted living consumer group: the Assisted Living Consumer Alliance (ALCA).
Visit ALCA's Website
Download a Membership Application
Report from the National Senior Citizens Law Center: Critical Issues in Assisted Living.
Ellen
Ensig-Brodsky, Olivia Filerman and Geoff Lieberman at an
Assisted Living Committee meeting.
ASSISTED LIVING COMMITTEE
LTCCC's Assisted Living Committee has focused on: (1) Developing and fighting for protective legislation that will mandate licensure for all assisted living residences in the state; and (2) Working with the State to make sure that unlicensed facilities that meet the current requirements of adult homes or enriched housing be licensed. The Committee was instrumental in ensuring consumer protections in NY State's assisted living law and the state final adopted regulations implementing the law. In addition, the committee worked on a ground-breaking white paper on How to Make Assisted Living Affordable.
LTCCC has also conducted research in this area. With a grant from the Fan Fox and Leslie R. Samuels Foundation, LTCCC published an in-depth study of assisted living in New York State. In addition to explaining the different licensed and unlicensed models in New York State, the study makes suggestions for financing of assisted living, gives ideas for providers and consumers about issues related to resident choice and decision-making and makes the case for assisted living regulation.
With support from the Robert Wood Johnson Foundation, LTCCC, with the Coalition of Institutionalized Aged and Disabled (CIAD, an LTCCC member), has developed educational materials for consumers and assisted living staff across the country. This material will help make sure that assisted living residences are places where consumers continue to have autonomy, control over their lives, choices and the ability to remain in place if they become more dependent. These guides are now available for free download at www.assisted-living411.org. Limited hard copies are available for free by emailing your request (along with mailing address) to info@ltccc.org.
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