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FOR IMMEDIATE RELEASE
March 19, 2009

A Capitol Perspective
A column by State Senator Pat Browne
16th Senatorial District

Licensing of Assisted Living Facilities Set for 2011

Next year should bring a new option for Pennsylvania families seeking specialized housing arrangements for senior citizens and those with special needs as the state is expecting to begin licensing assisted living facilities.

Although some personal care homes now refer to themselves as assisted living facilities, which are intended to fill the need for services that fall between a personal care home and a nursing home, there currently is no official licensure category for this type of care.

Currently, long-term care facilities are licensed by the Commonwealth as either personal care homes or nursing homes.  With a few exceptions, personal care homes admit residents who require personal care services, but do not require health care services.  Nursing homes provide much more intense care and are intended for the most frail and vulnerable patients. 

Clearly, there is a need to create an intermediate level of care option and that's the intent of assisted living facilities. These facilities will be required to meet higher staffing and training standards than personal care homes, but will also allow residents to live in a less institutional setting than a nursing home.

The assisted living licensing program and standards are set by Act 56 of 2007, which I co-sponsored and strongly supported as Senate Bill 704. This measure was signed into law in July 2007 and the Department of Public Welfare has been working since then to develop the appropriate regulations for facility standards and the licensing process.

I am pleased to report that the Independent Regulatory Review Commission approved the proposed regulations in June and the Department of Public Welfare published them in the Pennsylvania Bulletin in July, setting the stage for them to become effective in six months.

That means the Department should begin issuing licenses next year, which will allow Pennsylvanians to make educated decisions about their own care or the care of a loved one and better understand the limitations of a specific facility.

 Act 56 specifically defines assisted living residences as any premises in which food, shelter, personal care, assistance or supervision and supplemental health care services are provided for a period exceeding 24 hours for four or more adults who are not relatives of the operator, and who require assistance or supervision in such matters as dressing, bathing, diet, financial management, evacuation from the residence in the event of an emergency or medication prescribed for self-administration.

It also includes additional requirements for facilities that care for those with cognitive impairments such as dementia and Alzheimer's disease. In addition, the law sets standards for regulation of the industry by the Department of Public Welfare.

Act 56 supports the philosophy that individuals should be permitted to age in place, which means the patient receives the appropriate care and services to accommodate changing needs and preferences in order to remain in the assisted living facility. Residents should be able to determine how and when care is given.

Each facility will also be subject to unannounced inspections. Finally, facilities not licensed by the Department of Public Welfare will be prohibited from using the term assisted living, thereby eliminating a large amount of confusion in the marketplace.

Contact:          Matt Moyer     (610) 366-2327

State Senator Pat Browne represents the 16th Senatorial District and serves as Chairman of the Senate Finance Committee.