If punishment doesn’t work on criminals, why in the world would law makers and regulators think it works on good hearted people that are in the business of helping their fellow human beings? It’s time for law makers and regulators to use a science-based approach to assisted living regulation.
Read MoreAssisted living operators should be aware of a settlement agreement reached today by the Justice Department with Masterson Staffing Solutions. The staffing company, based in Minnesota, was found to have violated the Immigration and Nationality Act (INA) by routinely discriminating against non-U.S. citizen workers when checking their permission to work in the United States. This article covers basics to help you properly complete the I-9 form.
Read MoreThe Arizona Superior Court in Maricopa County agreed to issue a temporary stay of the Arizona Department of Health's attempt to enforce a "voluntary surrender" of an assisted living license after Pinkowski Law and co-counsel from Davis Miles McGuire Gardner, PLLC filed suit to contest the enforcement action as an unconstitutional due process violation, and one that would harm the 10 elderly people with disabilities who live in the home.
Read MoreThe Arizona Department of Health Services issued a new checklist to help in preparing your Initial Licensing Application. Pinkowski Law recommends that all assisted living providers review their written Policies and Procedures regularly to ensure that they are current and your staff is familiar with them. Also review your state’s licensing agency’s website regularly for postings, such as this new home licensing checklist, to help stay in compliance.
Read MoreArizona has recently changed its regulations regarding screening for tuberculosis (“TB”) in the assisted living home setting, as well as other healthcare institutions that are regulated by the AZ Department of Health (“DHS”). The changes have brought about a lot of questions from assisted living facility owners. This article attempts to answer some FAQs.
Read MoreThere is a new law in Arizona regarding fingerprint clearance card requirements for assisted living operators. Buying an existing assisted living home? Hiring contractors? Arranging for third transportation services? Know when you have an obligation to run checks or confirm fingerprint clearance status.
Read MoreSmall Assisted Living Homes should be given extra recognition during this National Assisted Living Week, September 12 – 16, 2022. Assisted living homeowners step in to fill a need for our elders and others with disabilities. They are the unsung small business heroes and, this week, all of them deserve to be thanked. We appreciate you and are here for you.
Read MoreWhether you are an assisted living operator in Arizona or another state, you may want to self-audit your business operations to make sure medications are being handled in a manner that is compliant with the regulations. Here are three common mistakes that often result in deficiencies.
Read MoreFair housing problems in the building permit realm generally arise when building code officials don’t fully understand the nature of residential assisted living and try to characterize the use as “commercial” (a term not actually included in the International Building Code) or “institutional” or “medical”. All of these designations are incorrect and can result in the imposition of costly construction requirements that are not actually needed to keep residents safe.
Read MoreOne attractive characteristic of the limited liability company (LLC) is its flexible ownership and management structure. As a result, a common scenario with LLCs is the use of “sweat equity” as a member's contribution. The method that you and the other LLC members arrive at for valuing your capital contributions or your non-cash work efforts or experience, should be documented in writing in the LLC operating agreement. All LLC members should be aware of the potential pitfalls of LLC sweat equity members, including the tax consequences.
Read MoreSometimes you find the perfect location for your assisted living operations, only to find out that there’s another regulated home too close-by to get your proper permits. The other location may not even be an assisted living home, but it poses a hurdle to your business plans. Unreasonable spacing requirements (a/k/a “buffer zones”) imposed by municipalities and counties in Arizona between new and existing assisted living homes have finally been addressed by the state legislature.
Read MoreUnderstand caregiver training requirements for your Arizona home.
Read MoreHow many assisted living owners know the difference between an IDR and an POC? It is possible that following an inspection (also known as a “survey”), the assisted living owner may need to learn the distinction between those abbreviations and act on it quickly.
Read MoreBUYER BEWARE
Are you considering purchasing or selling an existing licensed assisted living home in Arizona? If so, here 5 tips to be aware of:
Read MoreAdult protection laws can have an impact on internal hiring decisions of assisted living facilities. Operators and Human Resource managers in Arizona should be aware of the APS Registry, and how to search the list for a name of an applicant or existing staff member. Although AZ Department of Health Services regulations do not presently mandate searching the Arizona APS Registry prior to hire, employers are encouraged to review the list routinely to ensure that no members of your current workforce were added to it.
Read MoreOwners and managers of assisted living facilities may have a duty to report residents’ family members who signed the Residency Agreement as responsible party or Power or Attorney (“POS”) and then fail to pay for services rendered. These family members may be guilty of exploitation or neglect of that resident, particularly if the resident is incapable of handling their own financial affairs. Under state statutes like Arizona’s, the ALF may be a mandatory reporter, required to initiate an investigation with either a peace officer or Adult Protective Services (“APS”). Find out more about your obligations in this post.
Read MoreColorado licensed healthcare facilities must have 100% of employees having received at least the 1st dose of the COVID-19 vaccine or submit a request for a waiver by September 30, 2021. To request a wavier, facilities must have their policies in place as required by the Board of Health’s Emergency Rule. Reporting on compliance begins October 1st. This blog provides more details on the upcoming requirements. Contact our attorneys today if you need help.
Read MoreThe Colorado Board of Health met on August 30, 2021 and adopted an emergency regulation requiring mandatory vaccinations for employees in licensed healthcare facilities. The emergency regulation applies to all 3800 licensed healthcare facilities over which the Colorado Department of Public Health and Environment has authority, including assisted living residences. This article provides an overview of the emergency regulation to assist owners and operators in drafting a policy that complies with the emergency regulation.
Read MoreWe certainly want all people - including those with disabilities – to live in a safe and healthy environment. But we also want them to have an equal opportunity to live in neighborhoods and communities alongside people without disabilities, as we know that this has its own positive outcomes for health and wellbeing. There are certain instances when building codes or other safety requirements are too excessive. This generally happens when the “safety” requirements are established or applied based on stereotypes or misperceptions about a given population’s capabilities. In some cases, it can also be a pretext for trying to keep certain people out of the neighborhood altogether. In these instances, the building code or safety requirement may run afoul of the federal Fair Housing Amendments Act (“FHAA”).
Read MoreOn January 26, 2020, President Biden issued an Executive Order (EO) encouraging the Department of Housing and Urban Development (HUD) to redouble its efforts to implement and enforce the Fair Housing Act. This blog discusses the January 26th EO’s potential impact on the disabled population and assisted living providers. When it comes to housing for the disabled, the EO notes that, “Although Federal fair housing laws were expanded to include protections for individuals with disabilities, a lack of access to affordable and integrated living options remains a significant problem.”
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