How to submit a Letter of Intent for a Change of Ownership for an assisted living residence in Colorado.
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Pinkowski Law is working to make sure that the assessment of penalties associated with “Immediate Jeopardy” (“IJ”) deficiencies is more objective and fair for Colorado assisted living operators. This blog explains changes under a new Colorado law, upcoming regulatory revisions, and how you can get involved.
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Small Assisted Living Homes should be given extra recognition during this National Assisted Living Week, September 12 – 16, 2022. Assisted living homeowners step in to fill a need for our elders and others with disabilities. They are the unsung small business heroes and, this week, all of them deserve to be thanked. We appreciate you and are here for you.
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Whether you are an assisted living operator in Arizona or another state, you may want to self-audit your business operations to make sure medications are being handled in a manner that is compliant with the regulations. Here are three common mistakes that often result in deficiencies.
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Those of us around the assisted living industry know that Medicare generally does not cover the cost of long-term care (room and ADL services) in an assisted living home. Why, then should assisted living owners and operators care about what Medicare coverage plans their residents have? There are probably a lot of reasons why a very basic understanding of Medicare is important to the assisted living home owner or operator, but we’ll address three of them in this article.
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Fair housing problems in the building permit realm generally arise when building code officials don’t fully understand the nature of residential assisted living and try to characterize the use as “commercial” (a term not actually included in the International Building Code) or “institutional” or “medical”. All of these designations are incorrect and can result in the imposition of costly construction requirements that are not actually needed to keep residents safe.
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One attractive characteristic of the limited liability company (LLC) is its flexible ownership and management structure. As a result, a common scenario with LLCs is the use of “sweat equity” as a member's contribution. The method that you and the other LLC members arrive at for valuing your capital contributions or your non-cash work efforts or experience, should be documented in writing in the LLC operating agreement. All LLC members should be aware of the potential pitfalls of LLC sweat equity members, including the tax consequences.
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Sometimes you find the perfect location for your assisted living operations, only to find out that there’s another regulated home too close-by to get your proper permits. The other location may not even be an assisted living home, but it poses a hurdle to your business plans. Unreasonable spacing requirements (a/k/a “buffer zones”) imposed by municipalities and counties in Arizona between new and existing assisted living homes have finally been addressed by the state legislature.
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Understand caregiver training requirements for your Arizona home.
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Do you know your rights when a survey shows up at the door of your assisted living home? This article discusses the specifics of inspections in Arizona and provides a roadmap for assisted living owners elsewhere.
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A speedy and strategic response by an assisted living licensee to an “Immediate Jeopardy” (“IJ”) survey finding is important. Understanding an “IJ” to properly respond, or to oppose the finding, requires more information than is usually provided by the surveying agency.
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How many assisted living owners know the difference between an IDR and an POC? It is possible that following an inspection (also known as a “survey”), the assisted living owner may need to learn the distinction between those abbreviations and act on it quickly.
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BUYER BEWARE
Are you considering purchasing or selling an existing licensed assisted living home in Arizona? If so, here 5 tips to be aware of:
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Adult protection laws can have an impact on internal hiring decisions of assisted living facilities. Operators and Human Resource managers in Arizona should be aware of the APS Registry, and how to search the list for a name of an applicant or existing staff member. Although AZ Department of Health Services regulations do not presently mandate searching the Arizona APS Registry prior to hire, employers are encouraged to review the list routinely to ensure that no members of your current workforce were added to it.
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Owners and managers of assisted living facilities may have a duty to report residents’ family members who signed the Residency Agreement as responsible party or Power or Attorney (“POS”) and then fail to pay for services rendered. These family members may be guilty of exploitation or neglect of that resident, particularly if the resident is incapable of handling their own financial affairs. Under state statutes like Arizona’s, the ALF may be a mandatory reporter, required to initiate an investigation with either a peace officer or Adult Protective Services (“APS”). Find out more about your obligations in this post.
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Have you ever had to contact an employment agency for temporary staffing solutions? With 380,000 Caregivers lost since March 2020. it is quite possible that you’ve had to rely on a third party agency to help provide shift coverage. But it’s important to make sure that the staffing agency provides all documentation required by the department, or the operator can face a deficiency.
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How to appeal a bad survey in Colorado.
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Colorado licensed healthcare facilities must have 100% of employees having received at least the 1st dose of the COVID-19 vaccine or submit a request for a waiver by September 30, 2021. To request a wavier, facilities must have their policies in place as required by the Board of Health’s Emergency Rule. Reporting on compliance begins October 1st. This blog provides more details on the upcoming requirements. Contact our attorneys today if you need help.
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The Colorado Board of Health met on August 30, 2021 and adopted an emergency regulation requiring mandatory vaccinations for employees in licensed healthcare facilities. The emergency regulation applies to all 3800 licensed healthcare facilities over which the Colorado Department of Public Health and Environment has authority, including assisted living residences. This article provides an overview of the emergency regulation to assist owners and operators in drafting a policy that complies with the emergency regulation.
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