New law includes involuntary discharge and administrator training requirements for assisted living

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Colorado’s assisted living communities are facing new requirements related to involuntary discharges and administrator training requirements under a law signed last week by Colorado Governor Jared Polis.

SB22-154, “Increase security in assisted living facilities”, requires a community to provide written notice 30 days before an involuntary discharge, and the law establishes a grievance process, allowing residents to appeal to the Colorado Department of Public Health and Environment and request an administrative hearing.

The law also requires assisted living administrators to meet minimum standards of education and experience.

Additionally, the law replaces the $2,000 annual cap on fines against a community with a cap of $20,000, though fines can exceed that amount for a “gross violation resulting in the death or serious injury to a resident.” “.

As McKnight Senior Residence previously reported, Sen. Jessie Danielson (D-Wheat Ridge) said the bill, if it becomes law, “would hold assisted living facilities accountable” in cases where negligence or abuse is alleged. Although assisted living communities in Colorado are permitted, directors and individual owners are not.

LeadingAge Colorado initially expressed concerns about the scope of powers granted to the CDPHE as a regulatory body. The Colorado Health Care Association & Center for Assisted Living said it was working with Danielson to avoid creating new laws and regulations for providers.

AARP Colorado State Director Bob Murphy endorsed the bill, calling it one of the organization’s “highest priorities” during the legislative session.

“This is both a negotiated compromise and a common sense approach to protecting our most vulnerable loved ones,” Murphy wrote in a June 1 statement. letter who encouraged Polis to sign the bill.

Murphy called the training and experience standards for administrators and the involuntary dismissal process “a very reasonable request for the residences to whom we entrust the care of our most valued relatives and friends.”

“The penalties prescribed for failing to meet these reasonable standards are clear, just and equitable,” Murphy said.

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