Peacock Tales
Volume 17, Number 4 · October 2007Assisted Living Residences to be Licensed
Governor Rendell signed into law Act No. 56 of 2007 which addresses, for the first time in Pennsylvania, the operation of assisted-living facilities. The Act which was signed on July 25, 2007 will take effect at the end of this month.
"Pennsylvania was one of only a few states that did not have separate licensing standards for assisted-living residences," said Governor Rendell at a ceremony promoting the new legislation. "Now, Pennsylvanians will enjoy a wider range of options when it comes to choosing services for their long-term living needs. The legislation creates standards that will protect the health and welfare of Pennsylvanians living in assisted-living residences."
Pennsylvanians who do not need a higher level of care — such as the care provided by a licensed personal care or skilled nursing home — will now be able to confidently choose a less restrictive, licensed, assisted-living residence that meets state standards. The Act also creates a "special care" designation so that consumers can easily identify facilities that are certified to provide Alzheimer's and dementia care. The Department of Public Welfare will have oversight of assisted-living residences and is creating a new unit responsible for licensing and inspections. Every such residence must undergo at least one unannounced site inspection each year.
The new law assures consumers that they can expect the same services, no matter which assisted living facility they choose. Rooms must be set up to ensure independence, privacy and dignity. For example, it requires single living units; unless two residents voluntarily share a room; with private bathrooms, kitchen areas and minimum space requirements to be determined by the Department of Public Welfare. Health-care services must be packaged and sold separate from the residential agreement.
Another benefit of the legislation may be financial help for residents of assisted-living facilities. Previously, benefits were only available in Pennsylvania for those in need of skilled nursing care and not for residents of assisted-living facilities. The Department of Public Welfare will now apply for a new waiver from the federal government to support Medicaid recipients who wish to live in assisted-living residences. If granted, the waiver will provide funding for necessary personal assistance and support for people who are Medicaid-eligible in assisted-living residences. If granted, DPW will have ensured that the development of assisted-living residences does not hamper the continued growth in home and community based waivers and services.
Although the bill mandates new rules for assisted-living homes, some of the specifics have yet to be determined. Drafting those regulations could well be a contentious process. Assisted living residences will be licensed to provide basic health-care services, such as administering intravenous medications or treating bed sores, said Dr. Stuart Shapiro, head of the Pennsylvania Health Care Association, which represents long-term care providers. The goal of the new law is to create a type of facility that is distinct from personal-care homes or nursing homes.