ing the current policy of inspections every five years. The California Assisted
Living Association argues the change
would improve consumer protection,
but the potential added expense has
lawmakers mired down.
Progress in virginia
Several states have seen legislative victories. For example, in a move to enhance seniors’ choice at the community
level, lawmakers in Virginia decided
to allow residents of assisted living to
bring their own alcohol into the dining
room, should they so choose.
“It allows freedom for the residents,”
says Judy m. hackler, executive director
of the virginia Assisted Living Associa-
tion (vALA). “They are adults and they
should be able to make the judgment as
to whether they want to have a glass of
wine with their meals. It gives the resi-
dents greater freedom to choose how
they want to live their lives.”
The state also brought new clar-
ity to the ground rules covering state
assessments of resident well-being, a
move applauded by VALA. The change
should end the practice of state exam-
iners making medical judgments, even
when they are not medically licensed.
“It provides more detailed parameters
as to how interviews would be conduct-
ed by inspectors, to make sure it really
is an interview, and not an assessment,”
Hackler says.
Virginia also opted for more frequent licensing examinations, from
once every three years to once a year.
At the same time, lawmakers corrected
a situation in which self-reporting of incidents by assisted living communities
had led to indications of “complaints”
on the Department of Social Services
Web site, unfairly penalizing communities for their vigilance.
“We are very pleased with the results
of the General Assembly. We think that
the legislators understand that providers are out there trying to provide quality services and a quality experience for
the residents,” says Hackler.
stiff Opposition
While Virginia was making headway,
other states found themselves fighting
a pitched battle against an increasingly
entrenched opponent. At a time when
assisted living has been steadily advo-
cating on behalf of the needs of seniors,
the nursing home industry this year
showed itself increasingly aggressive
in its push to hang onto market share.
georgia lawmakers
and assisted living
advocates say they
were caught off
guard by the nursing
home industry’s
bullying tactics in
the last legislative
session.
ALFA’s Mississippi Chapter sponsored legislation to establish a new
licensure category for assisted living
and allowing for aging in place. Here
again, advocates are facing unusually
tough opposition from nursing homes.
In Kentucky, too, the nursing home industry launched unparalleled attacks
against proposed legislation that would
have improved the guidelines regarding
drug administration.
The economic downturn that has
taken its toll through all strata of society
also made its presence felt among legislative advocates of assisted living. With
state budgets tight across the nation,
many assisted living proponents found
lawmakers resistant to their arguments.
Money is simply too tight, lawmakers
say, and anything that comes with a perceived price tag was likely to get shelved.
In Nebraska this played out in three
bills put forward by AARP with the ac-
tive support of ALFA. A disclosure bill
would have given consumers a clearer
understanding of what services assisted
living could provide, and what the costs
were, says AARP’s Nebraska advocacy
director, Mark Intermill. This would
have helped ensure potential residents
could make informed choices, a move
that benefits residents and operators.
“You want to make sure the person who
is living in your community is in the
right place,” he says.
work in Progress
While some ALFA state affiliates made
progress, and others found their efforts rebuffed, advocates in numerous
states found themselves moving neither forward nor backward as contrary
pressures kept the wheels of legislation
from turning.
In Florida, for example, florida
Assisted Living Association (fALA)
Executive Director Pat Lange pointed
to a number of laws held in limbo this
spring.
A proposed law would mandate
residences with 17 or more units have
a functioning automatic external defibrillator (AED) on the premises at all
times. The legislation is problematic:
Who can or should use the device, and
under what circumstances? FALA was
successful in amending the implemen-
