In accordance with Act 56 of 2007, the Department of Public Welfare (DPW) recently issued final-form regulations providing for the licensure of assisted living residences (ALRs). These are residences that provide food, shelter, personal care assistance and some health coverage to elderly and disabled residents who are not so sick as to require ongoing skilled nursing care. About 50,000 people in Pennsylvania currently live in facilities that may call themselves assisted living facilities but that are actually licensed by the Commonwealth of Pennsylvania as personal care homes.
The final-form regulations detail licensure standards for assisted living facilities. The Pennsylvania Assisted Living Consumer Alliance (PALCA ), a collaboration of consumers, family members, and local and state wide organizations, has sought regulations that hold assisted living facilities to higher standards than the current personal care home standards; regulations that require a standardized minimum benefit package for consumers who want independence, privacy, and choice, but who also want the ability to "age in place" (meaning they won't have to move when their care needs increase). In contrast, the long-term care provider industry, led by its for profit and non-profit associations, has sought minimal regulatory requirements.
PALCA recently submitted comments to the Independent Regulatory Review Commission (IRRC) on the final-form regulations. Although the final-form regulations include many positive changes for consumers, some important changes recommended by PALCA were not made. Click here to read PALCA's comments to the IRRC.
With the generous support of The Pew Charitable Trusts, the Pennsylvania Health Law Project is leading a coalition of Aging and Disability advocacy organizations called the Pennsylvania Assisted Living Consumer Alliance. We have extensive information about the law, the proposed regulations, and the positions of the Alliance posted on a separate webpage that can be viewed by clicking here www.paassistedlivingconsumeralliance.org.
