2005 GENERAL ASSEMBLY FOCUSES ON ASSISTED LIVING

VCAL (2/1/2005)

Assisted Living legislation has taken center stage in the 2005 General Assembly with more than a dozen bills specifically focusing on major changes in the regulation and oversight of assisted living.  Last week there was significant activity in the House and Senate committees that met and discussed consolidation of the multiple assisted living bills that had been introduced in both houses.  On the House side, HB2512 (Hamilton) was used as a vehicle to consolidate all other House assisted living bills [HB2150 (Amundson), HB 2361 (Watts), HB2537(Nixon), HB2545 (VanLandingham), and HB2896 (BaCote)] into a substitute bill in order to roll the measures into one vehicle.  Reported unanimously from committee, HB 2512 was referred to the House Committee on Appropriations to be discussed for any fiscal impact.

Senator Hangers bill, SB1183, served as the vehicle for a Senate omnibus ALF bill which incorporated six measures:  SB1000 (Devolites Davis), SB1085 (Ticer), SB1140 (Hanger), SB1185 (Puller), SB1187 (Puller), and SB1212 (Miller). Like the House bill, this was unanimously reported and then referred to the Senate Finance Committee where members will consider a potential fiscal impact.  Both the House and Senate bills ultimately will have to be conformed after all the additional changes that may be agreed to are made.  In addition, a series of Budget Amendments have been introduced to increase the Auxiliary Grant rate for public pay residents.

Both the House and Senate versions include requirements for licensure of administrators.  The bills include an exception to licensure for facilities that are licensed for only residential living and a provision for an administrator to serve over more than one facility as permitted by regulations to be developed by the Department of Social Services.  Highlights of sections in the bills include:  (a) registration of individuals who administer drugs with criteria for registration, standards of conduct, continuing education and completion of approved training to be established by the Board of Nursing; (b) specifics related to issuance of a summary order of suspension of a license and appeals; (c) increased enforcement and civil penalties, (d) provisions for denial and revocation of an ALF license, (e) enhanced disclosure of information regarding services, fees, admission, transfer and discharge criteria, number and qualifications of staff, and (f) clarification of additional prohibitions to admission and retention of residents.  There are a series of enactment clauses incorporated in the bills specifying when sections are to become effective.

All of these and other legislative initiatives will be discussed at the upcoming Winter Legislative Conference.  Legislation impacting assisted living will be discussed at length by The Honorable Jay DeBoer, Commissioner of the Department for the Aging, who has been a central figure working with the ALF Collaborative on legislation currently under discussion at the General Assembly.