Distinguished Professor Nina Kohn recently spoke with Law360 about a proposed law in Oregon to tighten the oversight of long-term care facilities. The proposal covers how residential care facilities, such as assisted living facilities and memory care units, are licensed and regulated.
Kohn said, “It’s refreshing to see a state like Oregon taking a hard look at what it can do to better protect residents of long-term care facilities that are not nursing homes.” The legislation “is a good example of how a state can try to leverage its licensure scheme to encourage safer, better care.”
Kohn noted that there’s “virtually no federal oversight” of assisted living facilities, and state regulations vary widely.
The gaps can leave older adults vulnerable. As many as 70% of assisted living residents have cognitive impairment, Kohn said.
“As a general matter, state oversight of what are typically termed ‘assisted living’ facilities is far more limited than that over ‘nursing homes,”‘ she told Law360. “And that means there is a lot less protection for residents of these facilities, even though they often have needs much like those of nursing home residents.”
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