Nuances of Mandatory Reporting - Part I
Owners 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.
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“Deficiency-free” AZ
Have you ever had to contact an employment agency for temporary staffing solutions? With 380,000 Caregivers lost since March 2020. it is quite possible that you’ve had to rely on a third party agency to help provide shift coverage. But it’s important to make sure that the staffing agency provides all documentation required by the department, or the operator can face a deficiency.
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How to Appeal a Bad Survey in Colorado
How to appeal a bad survey in Colorado.
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Sept. 30th Deadline is Coming for Colorado ALRs
Colorado 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.
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Colorado Board of Health Adopts COVID-19 Vaccination Mandate - What that means for ALR owners and operators
The 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.
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FGI Compliance Review - Questions Answered for Colorado ALR Owners
By now, all Colorado assisted living owners and operators know that the Colorado Department of Public Health and Environment has adopted the Facility Guideline Institute (FGI) Residential Guidelines for facility design. But we often get asked when these FGI Guidelines apply. This article provides a helpful overview so you know when to plan for FGI review.
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Fair Housing and Building Code Enforcement
We 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”).
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Purchasing an Existing Assisted Living Home
There are 7 important elements to put in place when someone purchases an existing assisted living home. Those are: The Real Estate, Operations, Real Estate Contract, Asset Purchase Agreement, Real Estate Lease, Lease Purchase Agreement, and Zoning.
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Biden Administration Issues Order that May Benefit RAL Owners
On 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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What is fair housing and why do we need it?
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.
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Proposed Changes to the “Change of Ownership Regulations” May Benefit Colorado ALRs
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.
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“Intermediate Conditions” Imposed by the Health Department - What are they and what are your options?
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.
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Does the CDC’s Order preventing evictions apply to residents in assisted living?
On September 4, 2020, the Centers for Disease Control (CDC) issued a national moratorium on residential evictions to prevent the further spread of COVID-19. Most commentators focused on the effect of this order on traditional landlords and tenants, but of course we wondered whether it applies to residents in assisted living and other group home environments. After researching the issue, we can say that the CDC’s moratorium on evictions will likely apply to evictions from assisted living facilities (“ALFs”), though the Order comes with qualifiers. It is important to note up front that this Order applies only to evictions for non-payment. It does not apply to involuntary discharges for reasons other than non-payment, such a discharge due to care requirements in excess of the ALF’s ability to manage, or other reasons mentioned below. While this article uses Colorado law as the underpinning for our conclusions, the principles are fairly standard throughout the country. Therefore, it is likely the analysis and conclusions hold true in other states and that the CDC Order will apply equally.
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Pinkowski Law responds to NIMBY article
As fair housing attorneys, we hear far too many complaints from neighbors about why certain groups of people shouldn’t be allowed to live where the rest of us live. “Not in my backyard” has gotten to be a rally cry that we find more than tiresome. Not ones to stay silent about topics we feel strongly about, we had to comment on a recent media article criticizing the City of Denver’s attempt to introduce a more forward-thinking zoning policy for group living.
The article, "Backlash grows over Denver's Group Living proposal allowing 10 unrelated adults to live in one house," focuses on the complaints of single-family homeowners to group living arrangements in their neighborhoods. This is unfortunate, given that the City is trying to find a way to use its space in a manner that serves the needs of more people in the community. While we don’t agree with everything about this zoning change, we do think it’s a laudable attempt to address the City’s housing crisis.
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Making Sense of Assisted Living Laws and Regulations
Residential assisted living homes are subject to a variety of laws, regulations, and rules. This is because assisted living is a regulated industry and governments and neighborhoods want to have a say in where and how you build your home and how you operate it. Understanding how these laws fit together can be confusing. The purpose of this blog is to help give you a roadmap to find your way through.
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Understanding Groups & Public Meetings – Part I
In this post, we discuss why this is so that you can understand it and put it in context. Our previous posts The Joy of Public Meetings and 6 Ways to Counter Public Opposition to Your Assisted Living Project provide specific tools that you can employ during public meetings.
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6 Ways to Counter Public Opposition to Your Assisted Living Project.
6 things to help you counter public opposition to your assisted living project.
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The Joy of Public Meetings
We love the assisted living business. The people involved are beautiful spirits. It is the only business environment I have seen where “competing” businesses uniformly help each other. But, in my opinion, there are a few challenges that these good souls should not have to bear.
In my roles as President of the Residential Assisted Living National Association and as an attorney for assisted living businesses, I hear horror stories about government public meetings in the U.S. or “Open House” meetings with the neighborhood at least once per month.
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