Colorado ALR owners may be interested to know that changing a “for profit” business structure to a “non-profit” (or vice-versa) soon will no longer be treated as a change of ownership.
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If you are in the assisted living business, you will at some point be inspected, or “surveyed” by the Colorado Department of Public Health and Environment. If the surveyor feels that there is a condition existing in an assisted living residence that does not comply with the regulations, they will cite it as a deficiency. A deficiency or “deficient practice” finding alleges that the assisted living operator has failed to comply with a regulatory requirement. Deficiencies can be minor and easily corrected by the assisted living operator, or more serious, resulting in the imposition of an Intermediate Condition. The term “Intermediate Condition” refers to the authority of CDPHE to impose a restriction or condition on the right to have an assisted living license.
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On September 4, 2020, the Centers for Disease Control (CDC) issued a national moratorium on residential evictions to prevent the further spread of COVID-19. Most commentators focused on the effect of this order on traditional landlords and tenants, but of course we wondered whether it applies to residents in assisted living and other group home environments. After researching the issue, we can say that the CDC’s moratorium on evictions will likely apply to evictions from assisted living facilities (“ALFs”), though the Order comes with qualifiers. It is important to note up front that this Order applies only to evictions for non-payment. It does not apply to involuntary discharges for reasons other than non-payment, such a discharge due to care requirements in excess of the ALF’s ability to manage, or other reasons mentioned below. While this article uses Colorado law as the underpinning for our conclusions, the principles are fairly standard throughout the country. Therefore, it is likely the analysis and conclusions hold true in other states and that the CDC Order will apply equally.
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As fair housing attorneys, we hear far too many complaints from neighbors about why certain groups of people shouldn’t be allowed to live where the rest of us live. “Not in my backyard” has gotten to be a rally cry that we find more than tiresome. Not ones to stay silent about topics we feel strongly about, we had to comment on a recent media article criticizing the City of Denver’s attempt to introduce a more forward-thinking zoning policy for group living.
The article, "Backlash grows over Denver's Group Living proposal allowing 10 unrelated adults to live in one house," focuses on the complaints of single-family homeowners to group living arrangements in their neighborhoods. This is unfortunate, given that the City is trying to find a way to use its space in a manner that serves the needs of more people in the community. While we don’t agree with everything about this zoning change, we do think it’s a laudable attempt to address the City’s housing crisis.
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Residential assisted living homes are subject to a variety of laws, regulations, and rules. This is because assisted living is a regulated industry and governments and neighborhoods want to have a say in where and how you build your home and how you operate it. Understanding how these laws fit together can be confusing. The purpose of this blog is to help give you a roadmap to find your way through.
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In this post, we discuss why this is so that you can understand it and put it in context. Our previous posts The Joy of Public Meetings and 6 Ways to Counter Public Opposition to Your Assisted Living Project provide specific tools that you can employ during public meetings.
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6 things to help you counter public opposition to your assisted living project.
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We love the assisted living business. The people involved are beautiful spirits. It is the only business environment I have seen where “competing” businesses uniformly help each other. But, in my opinion, there are a few challenges that these good souls should not have to bear.
In my roles as President of the Residential Assisted Living National Association and as an attorney for assisted living businesses, I hear horror stories about government public meetings in the U.S. or “Open House” meetings with the neighborhood at least once per month.
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A few tips for those wanting to establish a residential assisted living home.
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Surveys are a fact of life in the assisted living business. They are an important way for regulators to confirm compliance with regulatory requirements. But assisted living providers may sometimes feel that survey results are unfair. Maybe the surveyor didn’t have all the information, had a misimpression, or was just plain wrong.
Learn how to handle this issue.
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Sober homes must now be certified in Colorado.
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Service animals and assistance animals have been on the upswing in recent years. Indeed, the variety of living things that have been claimed as emotional support animals includes peacocks, turkeys, pigs, lizards, kangaroos, snakes and many others. What does this mean for assisted living residences and assisted living facilities? This article explains what assisted living homes need to consider when a potential resident has a service or assistance animal.
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Building codes or safety requirements that are not related to a person’s disability may be able to be challenged under a fair housing act argument. PLPG assisted living attorneys can help.
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At the urging of Pinkowski Law & Policy Group, LLC, the Facility Guidelines Institute issued a formal interpretation of design guidelines that enables developers in Colorado to continue to create small assisted living homes in residential neighborhoods.
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Colorado voters are being asked to vote on Amendment 74 which proposes amending the Colorado Constitution to “require the state or a local government to compensate a property owner if a law or regulation reduces the fair market value of his or her property”. The general effect of Amendment 74 will be to hamstring local government planners and cost taxpayers unbelievable sums of money in legal battles and compensation payments to landowners who claim a “reduction in fair market value” from a planning decision. The specific effect on the disabled will be to once again relegate them to institutional settings and deprive them of participation in mainstream residential American life.
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PLPG’s Brian Pinkowski was appointed the President of the Residential Assisted Living National Association (RALNA). RALNA will represent small care homes to help the group find its power for purchasing, advocacy, self-regulation for quality care, training opportunities, and a supportive network to help investors and operators meet the growing demand for senior care.
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PLPG’s Brian and Michelle Pinkowski were honored to receive the Residential Assisted Living Academy’s “Industry Innovator” Award for their legal and regulatory advocacy, as well as assistance establishing the Residential Assisted Living National Association (RALNA). PLPG is pleased to be able to support this industry and the people in it that play such an important role the lives of seniors and their families.
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PLPG’s Michelle Pinkowski presented two sessions at the 2nd Annual RAL NAT CON to offer practical solutions for understanding legal issues facing the residential assisted living industry. Successfully navigating licensing regulations, zoning ordinances and the Fair Housing Act helps developers get on their way toward providing needed care for our seniors and other disabled populations.
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New proposed regulations put small and Medicaid assisted living residences at risk in Colorado. Building standards developed by the Facilities Guidelines Institute take a "one size fits all" approach that will make it impossible to create new small and affordable homes for seniors. This comes at a time when seniors are demanding smaller home environments in neighborhoods over big facilities in commercial areas.
Read MorePinkowski Law & Policy Group, LLC submitted comments today to the CDPHE's draft regulation of assisted living residences. We believe that promulgation of this draft will result in fewer consumer choices, a reduced number of assisted living service providers in the face of a growing aging population, and a disproportionate impact on smaller assisted living providers.
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