Senior living operators are perpetually concerned about the potential for new rules and regulations on the horizon. You might say it comes with the territory.
Since senior living isn’t federally regulated, states largely determine the rules of this particular road. Not surprisingly, there tends to be significant variation: some states impose heavy-handed oversight, whereas others are relatively lenient.
And much like the weather, conditions can change quickly. That’s why what just happened in Delaware deserves the field’s attention.
Newly signed laws there will make operations more challenging in some ways. But unlike what’s happened elsewhere, the industry actually had a voice in this outcome. Or to be more specific, in reducing potential damage.
As McKnight’s Senior Living reported, Gov. John Carney (D) signed a package of into bills law last week intended to improve eldercare services. State Sen. Spiros Mantzavinos (D-Newport) and Rep. Kendra Johnson (D-Bear) sponsored the measures earlier this year.
LeadingAge New Jersey & Delaware President and CEO James McCracken was part of a small group in attendance when Carney signed the measures into law.
“Providers, industry advocates and association feedback on the drafted bills were taken into consideration, and our input was incorporated into the final drafts,” McCracken told McKnight’s Senior Living. “No bill is perfect, but scores of hours went into drafting these bills.”
One of the new measures will allow assisted living communities to maintain accreditation from an independent organization. It also requires assisted living communities that provide dementia care services to maintain certification to provide that type of care. In addition, the bill defines memory care services and secured memory care units.
Other measures target skilled care operators by increasing fines and mandating inspections. Another bill heading to Carney’s desk would increase oversight of temporary nursing and staffing agencies.
So, what does this mean for operators in other states? Delaware often is seen as a bellwether for regulatory trends. If those laws prove effective, then it’s only a matter of time before other states consider similar actions.
It’s also worth noting that although there would be no regulatory oversight in a perfect world, we do not live in a perfect world. For various reasons, there will always be a push to hold operators more accountable.
Given that reality, it behoves operators elsewhere to follow the example providers set in Delaware. They engaged in the discussion early and often. The result is new oversight that, although far from perfect, is much better than it might have been otherwise.
John O’Connor is editorial director for McKnight’s Senior Living and its sister media brands, McKnight’s Long-Term Care News, which focuses on skilled nursing, and McKnight’s Home Care. Read more of his columns here.
