One third of states updated their assisted living requirements between 2020 and 2022, according to the National Center for Assisted Living’s “Assisted Living State Regulatory Review,” released Thursday.
“It is clear from the trends we have seen over the years that state regulations continue to increase in assisted living,” said NCAL Director of Policy and Regulatory Affairs Jill Schewe, who wrote the report. “States are making changes as they determine how to best serve their specific resident populations in the years ahead, and we anticipate this trend will continue.”
According to the report, 46 states and the District of Columbia (92%) require a consumer disclosure, agreement and/or resident bill of rights. All 50 states and Washington, DC, also require a resident assessment form and require that operators, at a minimum, assist residents with activities of daily living.
In addition, 49 states and the nation’s capital adopted provisions around — and allow — the provision of medication management to residents (98%), and 45 states and Washington, DC, (90%) have education and/or training requirements for assisted living administrators / directors.
“States continue to demonstrate their ability to respond to the evolving assisted living environment, foster quality improvement,, support transparency for consumers and maintain resident safeguards,” NCAL Executive Director LaShuan Bethea said in a statement.
Although some federal rules and regulations may apply to assisted living communities, NCAL maintains that state-level regulation ensures a coordinated, comprehensive licensure system. The existence of varying state philosophies regarding the role of assisted living in the long-term care continuum also enables providers to innovate and test new housing models and services that are responsive to local consumer demands, the association said.
“NCAL supports ongoing collaborative efforts between assisted living providers, state regulators and all stakeholders to properly balance oversight while continuing to honor residents’ needs and desires,” Bethea said.
The report addresses which state agencies license assisted living, shares recent legislative and regulatory updates affecting assisted living, and discusses requirements for resident agreements, admissions and discharges, quantifies units serving residents living with Alzheimer’s disease or other dementias, and talks about staffing and training.
It also summarizes requirements for residential care and personal care homes that provide housing, supportive services, person-centered assistance with ADLs and some level of healthcare for older adults and people with disabilities.
