As we honor the great Dr. Martin Luther King, Jr. today, it seemed fitting to talk about something that is an significant part of his civil rights legacy, and that is the advancements made in promotion of fair housing for all. Because of Dr. King’s efforts and the efforts of the many, many who stood side-by-side with him – physically in non-violent protests or philosophically to embody the concept in law – the concept of fair housing is now part of the American legal landscape. Yet how well are we living up to the ideal? This article explains the basics of fair housing, explores its history in the United States, and reflects on how much farther we need to go.
Colorado ALR owners may be interested to know that changing a “for profit” business structure to a “non-profit” (or vice-versa) soon will no longer be treated as a change of ownership.
If you are in the assisted living business, you will at some point be inspected, or “surveyed” by the Colorado Department of Public Health and Environment. If the surveyor feels that there is a condition existing in an assisted living residence that does not comply with the regulations, they will cite it as a deficiency. A deficiency or “deficient practice” finding alleges that the assisted living operator has failed to comply with a regulatory requirement. Deficiencies can be minor and easily corrected by the assisted living operator, or more serious, resulting in the imposition of an Intermediate Condition. The term “Intermediate Condition” refers to the authority of CDPHE to impose a restriction or condition on the right to have an assisted living license.
Surveys are a fact of life in the assisted living business. They are an important way for regulators to confirm compliance with regulatory requirements. But assisted living providers may sometimes feel that survey results are unfair. Maybe the surveyor didn’t have all the information, had a misimpression, or was just plain wrong.
Service animals and assistance animals have been on the upswing in recent years. Indeed, the variety of living things that have been claimed as emotional support animals includes peacocks, turkeys, pigs, lizards, kangaroos, snakes and many others. What does this mean for assisted living residences and assisted living facilities? This article explains what assisted living homes need to consider when a potential resident has a service or assistance animal.
At the urging of Pinkowski Law & Policy Group, LLC, the Facility Guidelines Institute issued a formal interpretation of design guidelines that enables developers in Colorado to continue to create small assisted living homes in residential neighborhoods.
Colorado voters are being asked to vote on Amendment 74 which proposes amending the Colorado Constitution to “require the state or a local government to compensate a property owner if a law or regulation reduces the fair market value of his or her property”. The general effect of Amendment 74 will be to hamstring local government planners and cost taxpayers unbelievable sums of money in legal battles and compensation payments to landowners who claim a “reduction in fair market value” from a planning decision. The specific effect on the disabled will be to once again relegate them to institutional settings and deprive them of participation in mainstream residential American life.
PLPG’s Brian Pinkowski was appointed the President of the Residential Assisted Living National Association (RALNA). RALNA will represent small care homes to help the group find its power for purchasing, advocacy, self-regulation for quality care, training opportunities, and a supportive network to help investors and operators meet the growing demand for senior care.
PLPG’s Brian and Michelle Pinkowski were honored to receive the Residential Assisted Living Academy’s “Industry Innovator” Award for their legal and regulatory advocacy, as well as assistance establishing the Residential Assisted Living National Association (RALNA). PLPG is pleased to be able to support this industry and the people in it that play such an important role the lives of seniors and their families.
PLPG’s Michelle Pinkowski presented two sessions at the 2nd Annual RAL NAT CON to offer practical solutions for understanding legal issues facing the residential assisted living industry. Successfully navigating licensing regulations, zoning ordinances and the Fair Housing Act helps developers get on their way toward providing needed care for our seniors and other disabled populations.
New proposed regulations put small and Medicaid assisted living residences at risk in Colorado. Building standards developed by the Facilities Guidelines Institute take a "one size fits all" approach that will make it impossible to create new small and affordable homes for seniors. This comes at a time when seniors are demanding smaller home environments in neighborhoods over big facilities in commercial areas.
Pinkowski Law & Policy Group, LLC submitted comments today to the CDPHE's draft regulation of assisted living residences. We believe that promulgation of this draft will result in fewer consumer choices, a reduced number of assisted living service providers in the face of a growing aging population, and a disproportionate impact on smaller assisted living providers.
