Contact:
Office of Policy and Legislative Affairs
Agency:
Energy, Labor & Economic Growth
Summary
Sponsor: Representative Scranton
Topic: Assisted Living
Committee: House Senior Health, Security and Retirement
This bill is known as the Housing-with-Services Contract Act. It is based on a model used in Minnesota.
The bill defines a housing-with-services establishment as a facility regularly providing or offering to provide sleeping accomodations to 1 or more adult residents and meeting the following criteria:
At least 80% of the residents must be aged 55 years or older;
Provides 1 or more regularly scheduled health-related services (e.g. professional nursing services) or 2 or more regularly scheduled supportive services (e.g. laundry, arranging for medical services).
The services provided may be provided by the facility or by another person by arrangement of the facility. The bill does not affect an adult foster care facility licensed under the Adult Foster Care Licensing Act or a nursing home or home for the aged licensed under Article 17 of the Public Health Code.
A facility shall not function as a housing-with-services establishment for an individual except pursuant to a written contract. The written contract must include at least all of the following:
Name, street address and mailing address of the establishment.
The owner's name and mailing address. If ownership is other than by individuals, the contract must also identify the type of ownership and the names of primary officers and directors.
The name and address of the managing agent, whether an owner of a management firm or agency.
The name and address of at least 1 individual authorized to accept service of process on behalf of the owner or managing agent.
A statement describing whether the establishment or a provider of services is regulated by a local, state, or federal agency and the status of any applicable license, registration, certification, or permit.
The term of the contract.
A description of the services the establishment will provide to the resident for the base-rate charged the resident.
A description of additional services available for an additional fee.
Fee schedules for additional services.
A description of the process through which the contract may be modified, amended, or terminated.
A description of the establishment's complaint resolution process.
The name of the resident's designated representative, if any.
The establishment's referral procedure in the event the contract is terminated.
The criteria used by the establishment to determine who may continue to reside in the establishment.
A statement regarding the availability of public funds for payment for residence or services, or both.
Contracts and related documents must be kept by the establishment for at least 3 years after the date of termination of the contract. Contracts for current residents must be kept at the establishment.
The proposed act does not mandate a minimum core of services or a specific number of residents as long as at least 7 residents are regularly served.
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