The Fair Housing Act: Safeguarding the Rights of Group Homes for Individuals with Disabilities

The Fair Housing Act, a pivotal piece of legislation enacted in 1968 and amended in 1988, stands as a cornerstone in the fight against housing discrimination. The inclusion of people with disabilities under its protective wing marked a significant advancement in civil rights and social justice. This blog post provides a brief overview of the critical role the Fair Housing Act plays in protecting group homes for individuals with disabilities, ensuring their right to fair and dignified housing.

Assisted Living, Behavioral Health, Group Homes, Sober HomesMichelle PinkowskiJanuary 13, 2024

Colorado Assisted Living: FGI Update January 2024

Colorado investors and owners who want to build or remodel assisted living or other healthcare facilities need to be aware of the Facility Guidelines Institute’s (FGI) Guidelines for Design and Construction of Health Care Facilities. The Colorado Department of Public Health and Environment provided important updates on FGI review today that impact what is needed for a successful review and how long the review will take. This article provides an overview.

Assisted Living, Colorado Assisted LivingMichelle PinkowskiJanuary 3, 2024FGI

How to Handle a Request for Assisted Living or Group Home Rent Rolls under HIPAA

Owners of assisted living homes can easily avoid make mistakes regarding protected health information (“PHI”). Disclosing rent rolls is one of the areas that deserves extra consideration when owners and operators are considering buying, selling, or refinancing an assisted living business.

HIPAA, Policy & Regulation, Assisted LivingBrian PinkowskiOctober 25, 2023HIPAA, assisted living, Privacy

ATTENTION ARIZONA ALTCS PROVIDERS – Part II

If you are a licensed behavioral health or sober living provider in Arizona, be aware of recent press releases from AHCCCS regarding practices by certain alleged “bad actors” in the behavioral health and sober living service areas that are being scrutinized.

Sober Homes, Behavioral HealthJennifer WassermannMay 11, 2023

ATTENTION ARIZONA ALTCS PROVIDERS – Part I

The Medicaid continuous enrollment requirement related to the COVID-19 pandemic ended on April 1, 2023. Assisted living providers who wish to continue to serve ALTCS-eligible recipients are advised not to ignore any AHCCCS notifications regarding revalidating through the APEP system and to seek advice from the state agency if they have difficulty following the online re-enrollment steps.

Arizona Assisted Living, Assisted LivingJennifer WassermannMay 10, 2023

Recovery Home Investors: What You Need to Know When Starting a Sober Living House

9 Things you need to know to open a sober living home or recovery residence.

Brian PinkowskiApril 5, 2023

How to Understand Recent Changes to Colorado’s Mental Health Laws

This article provides an overview to the recent changes to Colorado’s mental health laws.

Brian PinkowskiApril 4, 2023

What If a State Agency Does Not Follow Its Own Rules?

When a state agency does not follow laws that pertain to is procedures and time limits, it may be in violation of the law and subject to legal consequences.

Administrator's Voicemail is Full?

Dis you know that one early indicator of operational issues is quite easy to spot?

Brian PinkowskiMarch 19, 2023

Mock Inspections

This article explores the reasons why a regulated business, such as assisted living, should hire a mock inspector and provides five key pointers to consider when drafting or reviewing a mock inspection contract.

Jennifer WassermannMarch 16, 2023

What is a Support Animal?

If you are an assisted living owner and have not yet been asked if a prospective resident can bring their dog, cat, parakeet, etc., with them when they move in, you haven’t been in business long enough!

The Importance of Appropriate Insurance Coverage

Running an assisted living home comes with a range of risks and potential liabilities. That's why it's important to have the right insurance in place. Insurance coverage comes in many forms, and just getting commercial general liability insurance (CGL) is not enough if you are an assisted living operator. Pinkowski Law interviewed Blake Crawford, Vice President at Assured Partners, a brokerage specializing in insurance coverage for senior living, to talk about the types of coverage that assisted living operators need.

How to Obtain a Copy of an APS Report on Alleged Mistreatment of an At-Risk Adult

Obtaining a copy of an Adult Protective Services (APS) investigation report on the alleged mistreatment of an at-risk adult in Colorado is generally considered to require a court order. There are circumstances, however, where the report can be obtained without the involvement of a judge.

Assisted Living, Group HomesBrian PinkowskiFebruary 13, 2023

5 Ways Health Departments Can Improve Relations with Assisted Living Operators

Health departments play a critical role in ensuring the safety and well-being of residents in assisted living facilities. However, the relationship between health departments and assisted living operators can sometimes be strained. This article lists five ways that health departments can improve relations with assisted living operators.

Thinking of Opening a New Assisted Living or Similar Business in the New Year? 5 Steps Toward Success

Are you thinking of opening a new assisted living or similar business in 2023? Our attorneys provide suggestions on five steps to get your business off to a good start based on what we have observed with our successful clients.

5 Ways Assisted Living Operators Can Improve Their Relationship with Regulators

Assisted living operators play a vital role in providing care and support for older adults, but they also need to navigate a complex regulatory landscape. One key aspect of this is building and maintaining positive relationships with health departments. This article suggests five tips for improving your interactions with health inspectors and other officials.

Is Punishment a Rational Public Policy Approach to Health Care?

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.

Policy & Regulation, Public Health, Colorado Assisted Living, Assisted LivingBrian PinkowskiJanuary 23, 2023

Do you hire non-U.S. Citizens? If so, don't be like this company

Assisted 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.

How to handle a resident who wants to leave.

How to handle an assisted living resident that wants to self-discharge.

Brian PinkowskiDecember 28, 2022Pinkowski Law & Policy Group, LLC

AZ DHS is putting your settlement agreement on the web

Recently, the Arizona Department of Health Services Bureau of Residential Licensing (“DHS”) has started including hyperlinks to the full text of Enforcement documents signed by Licensees on its Care Check website. This includes the Notice of Enforcement letter and Civil Penalties table that are generally mailed to a licensee after they receive an inspection report indicating that the matter has been referred to the Enforcement Team. Settlement Agreements executed following an Informal Settlement Conference are also available via hyperlink.

Arizona Assisted LivingJennifer WassermannDecember 11, 2022