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By John M. Bigler As we all know, assisted living facilities have become an integral part of the landscape. Before, the choice was either struggling to remain at home with assistance or, at some point, accepting admission into a nursing home. All you have to do is step outside and you will probably hear the sound of construction of a new facility being built around the corner.
These facilities are not cheap, ranging anywhere from $3,000 and $6,000 a month depending on the level of assistance needed, but they cost considerably less than a nursing home. Because they are not medical facilities, they are not covered by Medicaid.
Until recently, because they were a new concept and difficult to categorize, there was no actual definition of "assisted living" in the state law. As a result, assisted living facilities were unregulated by the state and operating without state oversight. This created a serious problem for seniors, who would typically be unaware of their rights as residents of such facilities and face eviction for non-payment or transfer if the facility felt that they were no longer capable of handling such a person. There have also been investigative stories in the local newspapers regarding situations where facilities mishandled a senior, often times with serious consequences.
Now, however many of these problems will begin to be resolved. On October 26, Governor Pataki signed into law assisted living reform legislation which he has been advocating for the last two years. The idea is provide New York seniors with greater protections and improved long-term care options. Signing the new bill, the Governor stated, "this new law will provide added protections for our seniors, encourage new development of much needed assisted living residences across the state, and hold operators of these facilities accountable for the services they provide. We are proud that with this powerful new law, New York's families will know that their loved ones are receiving the services they need in a safe and supervised environment."
The law now establishes the Assisted Living Reform Act. Prior to this act the facilities were allowed to operate without any license or state's surveillance. Also, previously there was no provision for a facility that wanted to expand its range of services provided to the residents. Now, unlicensed adult residences must become licensed as adult care facilities and become subject to state regulation and oversight. Furthermore, in order to market itself as an assisted living facility, a residence must obtain a license as an assisted living residence. To provide a broader range of services, an enhanced assisted living certificate must be obtained from the state Department of Health. To provide for the needs of residents with Alzheimer's or dementia, it will be necessary to obtain a special needs certificate, also from the Department of Health. As the result of my involvement with the Alzheimer's Association, I am aware that the dementia unit of the assisted living facility offers a wonderful alternative to the nursing home. Many of the facilities have been very creative in attempting to design the dementia wing to make those suffering from the disease as mentally comfortable as possible. Knowing that the facility that you choose has a special license for these units should prove invaluable.
In addition, the law also creates fines up to $1,000 per violation per day if the new standards are not met. There is also stronger consumer protections, including a requirement that plain language be used to fully disclose a resident's rights, the facility's fees and their policies. There is also a "Bill of Rights" to insure that residents have the option of managing their personal and financial affairs while in the home. The Department of Health has also been authorized to develop a consumer information guide to assist in the selection of assisted living facilities.
Finally, a task force will be established to help develop and implement recommendations to further improve safety and service in the facilities. All of this will take effect in 120 days from the date the bill was signed.
I commend the governor and other state legislators for their enthusiastic support of this important new law.
Reprinted with permission of the Suffolk Times © 2004 [ Contact Us ] [ Guestbook ] [ Email ]  The Law Offices of John M. Bigler, Attorney At Law 1421 Wantagh Avenue, Wantagh, New York 11793-2206 1-888-ELDER-LAW · 516-409-6565 · Fax: 516-409-6522 E-Mail: info@biglerlaw.com · Web Site: www.biglerlaw.com |
The facilities have become a significant consideration for seniors who need assistance. Each new company that enters into the field seems to build bigger and more beautiful facilities. Huge glittering chandeliers are at the entrance, wide screen televisions and fully stocked libraries abound. And upon entrance one can typically smell the gourmet chef's creation of the day. I have taken many a tour and usually come away thinking that I would like to move in myself.