Common Assisted Living Violations
By CarePatrol
Residents at assisted living facilities expect to receive world-class care from staff members. In some cases, however, organizations are not as reliable as they should be. While some of the shortcomings are minor, others can induce psychological trauma that may take years to heal.
Understanding the assisted living community’s background, including inspection reports and records, is crucial. This information can often be obtained from state websites or directly from the care providers. This article lists the most common assisted living violations and how to choose one that doesn’t have a violation.
Common Assisted Living Violations
1) Administration of Medication One of the more frequent violations is a failure to get rid of medications that have expired. In some other cases, administrative staff may also fail to order prescription refills at the right time. Dispensing the wrong kind of medication to patients, on the other hand, is much less common. Expired medicine can be particularly troublesome for residents who suffer from chronic illnesses.
2) Daily Care Violations might also occur within the general daily routine. In nearly all cases, staff members are assigned to help residents bathe, brush their teeth, and complete a number of other hygienic tasks. In some instances, staff members might also be charged with changing the bedding regularly. A lapse in basic hygiene can lead to discomfort, infection, and other maladies.
3) Food Quality As with most other businesses that serve meals assisted living centers can also be cited for a failure to store and serve food at the proper temperatures. Some residents must also adhere to specific diets. Diabetic men and women, for example, must be served food that keeps their blood sugar at the proper level. Any deviation from the approved menu items will be a serious violation.
4) Employee Health In a community where many of the residents are suffering from weakened immune systems, employees can also be cited for failing to get inoculated against certain diseases. Tuberculosis can be especially problematic, which is why vaccinations are so important. In most facilities, staff members will also be required to get flu shots each year to protect the residents they are caring for. Lax oversight in this regard can get the facility in trouble with the higher authorities.
5) Emergency Plans Lackluster emergency plans will also lead to citations. Because fires, floods, hurricanes, earthquakes, and other disasters can all crop up without warning, management teams need to have a viable evacuation plan in place. A failure to conduct readiness drills is generally frowned upon by state watchdog agencies. Facilities that have received even one citation will be expected to bring their operations up to code within the mandated timeframe.
Which Agency Regulates Assisted Living Facilities?
Assisted living facilities are regulated by individual state agencies, not the federal government. Typically, the state health or social services department oversees these facilities, sometimes called residential care settings. Understanding state-specific assisted living regulations and how to identify potential red flags during a visit is crucial.
During your senior living search, you may encounter residential care homes. These are also known as “personal care homes” or “board and care homes.” These homes resemble larger assisted living facilities but provide a more homelike environment with fewer residents. You may be able to obtain an inspection report for these homes to understand their compliance with state regulations and the quality of care provided.
Usually, the same state agency that regulates larger assisted living communities also oversees these care homes, as they are a type of assisted living. In some states, residential care homes are licensed as assisted living communities. In other states, there may be distinctions between assisted living and residential care homes, typically based on the number of residents.
Do Assisted Living Communities Need a License?
Yes, licensed communities must obtain a license from the appropriate state agency before opening. These agencies conduct routine inspections to ensure each assisted living facility maintains its license. Inspections typically occur annually and when someone files a complaint, but that can vary.
Finding information about the licensing history of assisted living communities can be challenging, as not all states provide easy access to this data.
To secure a license, an assisted living community must demonstrate compliance with state, local, and municipal regulations. This could involve rules set by various agencies like the Office of Public Health and the local fire department, but again, this varies from state to state and even city to city.
Once licensed, assisted living facilities undergo regular inspections, often annually and without prior notice. If someone reports a violation, more frequent inspections may occur. The state can impose penalties or revoke a facility’s license if they do not rectify the issues.
It is important to visit the Department of Health and Human Services website to check for regulation violations and to verify the licensed status of assisted living facilities.
Regulations vary by state but commonly include:
- Required staff training
- Staff qualifications for providing medical services
- Timing of initial care assessments
- Frequency of care plan reassessments
- Caregiver-to-resident ratios or caregiver hours based on facility size
- Standards for community cleanliness
It’s important to note that while state-specific regulations may overlap with broader assisted living guidelines, the details can differ significantly. Researching your state’s laws can help you understand what’s required of a prospective community and identify potential issues during a tour.
How Do You Report Assisted Living Violations?
If you suspect a community is not adhering to state guidelines for cleanliness and care or suspect neglect or elder abuse, contact your state’s Adult Protective Services (APS) agency. If you are unable to find information about assisted living communities on the state website, it is important to contact the local Area Agency on Aging for assistance.
You can also contact your state’s licensing organization. Many assisted living facilities must post these licenses in a public area as per state regulations. Additionally, state department websites often provide search forms to verify the licensing and any concerning issues of assisted living facilities.