Legal and Regulatory Updates

NORTH CAROLINA Members in North Carolina are alerted that the Department of Health and Human Services’ Medical Care Committee has chosen to update several rules related to Adult Care Homes (7+ residents) and Family Care Homes. The primary change that will affect Adult Care Homes is the added requirement to have a food service supervisor

COVID Liability Protection Summary You might remember that a number of states were considering legislation to shield businesses from liability from claims for injury caused by exposure to COVID-19. This protection generally was designed to apply for businesses that were in compliance with relevant health guidance and who did not act recklessly. Now that the

A Brief Overview of Some Visitation Related Legislation in Response to COVID-19 Limitations In response to COVID-19, states took steps to limit the spread of the virus that included prohibiting visitors to long-term care facilities. As a result, some states are now adopting legislation to ensure that visitors cannot be entirely prohibited from these facilities.

Vaccine Related Legislation As COVID-19 vaccination levels rise, legislation such as the North Carolina, “Vaccination Private Choice Act” will likely rise along with it. At least two states have introduced legislation preventing mandatory vaccination in assisted living facilities. In North Carolina, the introduced “Vaccination Private Choice Act” prohibits mandatory disclosure of vaccination status for all

NEW LAW RE: REFERRAL AGENCIES IN ARIZONA Senate Bill 1034 was signed by the Arizona Governor on May 7, 2021. This new law imposes additional disclosure requirements on assisted living referral agencies. Key provisions are: The referral agency must provide a disclosure form (provided in the Act) to a prospective resident or their representative before

The Mississippi Department of Health is developing regulations to implement the state’s medical marijuana program, including a specific regulation on the use of medical marijuana in long term care settings (including assisted living). Under the proposed regulation, assisted living providers who facilitate the residents’ use of medical marijuana must be approved by the Department as

New Jersey: Outbreak Plans as a Licensure Requirement New Jersey is one step closer to establishing long term care facility requirements for submission of outbreak response plans. Senate Bill 2798 passed its first committee vote at the end of March and the Bill is on its way to a second committee reading. The Bill, and

Arizona: Proposed Alzheimer’s and Dementia Advisory Board We published a Legislative Update on March 15, 2021, regarding new Alzheimer’s and Dementia advisory boards in Pennsylvania, and Oklahoma. Arizona is moving to join that group with SB 1537. Arizona SB 1537 proposes to establish the “Alzheimer’s disease and other dementias advisory council” to identify the needs