There is a possibility assisted living facilities may be under both state and federal jurisdiction if Senate Democrats in Washington have their way. Legislation is being contemplated by the Senate Committee on Aging to create a “council” to advise facilities of the “best practices” in caring for residents. A council? Who would be on that council? Hmmm. Then, facilities would, at first, voluntarily report compliance to the council’s recommendations. Then, not voluntarily?
The US Department of Labor has stepped up its efforts to penalize employers for hiring “undocumented workers,” aka illegals. The healthcare industry, more specifically assisted living, is a big target for this federal crackdown. The “shortage” of staff is being used as an excuse or reason for “hiring” illegal workers, but how does a facility report the hiring for payroll purposes? That is easy. The “hiring” is not reported and no payroll is generated. Illegals are paid cash, and that is as illegal as hiring the undocumented worker. Many facilities are fearing the Trump administration’s deportation of illegals. Fear? Why? There should not be any fear if facilities are legally hiring staff. A 2022 report stated 20% of healthcare workers are “immigrants” both legal and illegal.
Are you a member of a “group” claiming to advocate for RCFEs? If so, was that group involved in advocating for or against the laws and regulations that will take effect on January 1? Well, many of these groups have openly favored the passage and enforcement of the laws that give residents more rights (now over 50) and believe the new Title 22 regulations are a support of “person-centered care.” The new regulations are a push toward a medical model and will not benefit the RCFE industry.
Many states are pushing legislation to allow residents to install cameras in their rooms. There is also a possibility the federal government will force facilities to allow cameras because, as one Kentucky advocacy group stated, “too many residents are victims of psychological, physical and other types of abuse and neglect, placing them at serious risk of harm.” However, the camera bill in Kentucky is being opposed by three Kentucky assisted living advocacy groups because cameras might cause “staff morale” problems because it sends a signal to staff that they cannot be trusted. It may also cause an intrusion on resident privacy. Gracious.
Los Angeles County’s fire department has come down hard on persons seeking a facility license by charging a hefty pre-inspection fee of $1083, and the County’s Department of Finance has been collecting fire inspection fees, too. The County has seemingly tossed out several state laws relating to assisted living including the allowance of the “development of sufficient numbers of residential care facilities for the elderly [and community care facilities] as are commensurate with local need.” There is a state fire code allowing a local fire marshal to collect a pre-inspection fee “not exceeding the actual cost of the pre-inspection services.” Is a $1083 reasonable? Is harassing prospective licensees the intent of state law?
The passage of SB951 will likely increase worker’s compensation costs and lead to an increase in claims as the bill increases disability payments to 90% of an employee’s wages if the employee earns under $57,000 per year. The bill will also increase an employee’s contribution into state disability insurance to offset these higher payments. Why bother getting anyone fingerprint cleared now that SB731 is law. It makes it easier for convicted felons to obtain employment, including care facilities as, effective July 1, criminals can have “criminal record relief” after two years following incarceration or probation. Proponents say, “Criminal records are serious barriers to the successful reentry of formerly incarcerated individuals to society.” It was opposed by law enforcement groups claiming the bill does not exclude violent felonies and is not likely to deter repeat offences.