Senior living facility operators are constantly worried about the possibility of new rules and regulations coming soon. You could say it’s just part of the job.
Since senior living is not federally regulated, states set the rules for this particular area. Not surprisingly, there is considerable variation: some states apply strict controls while others are relatively lenient.
And just like the weather, conditions can change quickly, which is why what just happened in Delaware deserves the field’s attention.
The new laws passed there will make operations more difficult in some respects. But unlike elsewhere, the industry actually had a say in this outcome. Or more precisely, in reducing potential damage.
As McKnights Senior Living As reported, Governor John Carney (D) signed a package of legislation to improve elder care last week. State Senator Spiros Mantzavinos (D-Newport) and Representative Kendra Johnson (D-Bear) supported the measures earlier this year.
James McCracken, president and CEO of LeadingAge New Jersey & Delaware, was among the small group present when Carney signed the measures into law.
“Feedback from providers, industry representatives and associations on the draft legislation was taken into account and our input was incorporated into the final drafts,” said McCracken. McKnights Senior Living“No bill is perfect, but dozens of hours went into drafting these bills.”
One of the new measures will allow assisted living communities to maintain accreditation from an independent organization. Assisted living communities that provide dementia care services will also have to maintain certification for this type of care. In addition, the bill defines dementia care services and secure dementia care units.
Other measures target skilled nursing providers by increasing fines and mandating inspections. Another bill on Carney’s desk would increase oversight of temporary and staffing agencies.
So what does this mean for operators in other states? Delaware is often seen as a pioneer of regulatory trends, and if these laws prove effective, it’s only a matter of time before other states consider similar measures.
It is also worth noting that although in a perfect world there would be no regulatory oversight, we do not live in a perfect world. For various reasons, there will always be a push to make operators more accountable.
Given this reality, it is wise for operators elsewhere to follow the example of Delaware providers. They have engaged in the discussion early and often. The result is new oversight that, while far from perfect, is much better than it could have been otherwise.
John O’Connor is editor-in-chief for McKnights Senior Living and its sister media brands, McKnight’s Long-Term Care Newsthat focuses on qualified care, and McKnight’s Home CareRead more of his columns Here.
