Earlier today, Florida Argentum retained expert counsel and filed a challenge against a proposed rule by the Department of Elder Affairs which — if passed — would negatively affect the senior living communities, residents and families.
The proposed rule relates to implementation of HB 1001, a bill commonly known as the Assisted Living Reform Bill that passed in 2015. Unfortunately, the Department of Elder Affairs, with involvement from the Agency for Health Care Administration, has attempted to include unnecessary provisions in the rule that would accomplish the following:
- Prevent seniors from staying in their homes and aging in place if certain medical conditions present themselves;
- Inappropriately apply Medicaid requirements to all operators, regardless of whether their residents are enrolled in Medicaid; and
- Place unreasonable expectations of liability on operators for third parties’ services and work product.
These proposed provisions would create a costly regulatory burden on Florida’s assisted living operators which would unfortunately have negative effects – financial and otherwise – on Florida’s senior residents.
The proposed rule would also create a contract for a plan of care between the resident and the assisted living facility that both parties would be required to sign and agree upon regarding services to be provided. However, the Department has no authority to create a mandatory contract; this proposed contract would completely disregard the rights of private parties to enter into or forego a contract.
By filing this rule challenge, Florida Argentum is advocating in the best interests of all assisted living providers and staff to ensure the highest quality care, services and safety for their residents.
The rule challenge ultimately seeks to limit the power of the state agencies to create policies unsupported by statute and reduce additional and unnecessary regulatory burdens placed on Florida’s assisted living providers.
To download a copy of the rule challenge, click here.