July 25, 2007

Pennsylvania Act 56: State Plan for Regulating & Licensing Personal Care Homes & Assisted Living Residences

The law defines assisted living as a licensed, long-term care setting that provides a higher level of care than a personal care home but less medical care than a nursing home. A key provision requires annual inspections using existing personal care home rules as the minimum requirements. The legislation will not go into effect until January 1, 2009. In the next two years, specific regulations for assisted living facilities will be developed with the input of stakeholders.

As written, the law requires assisted living facilities to give residents apartment-style living conditions that include a bedroom, bathroom, and kitchen facilities. Facilities that seek to provide dementia care must document special planning, design, and training. Assisted living facilities will be able to accept residents who need some medical care, such as insulin, catheters, or oxygen. However they will not be able to accept residents who are ventilator dependent; have severe, non-healing pressure sores; require nasogastric tubes or continuous intravenous fluids; or have contagious diseases requiring isolation.

Licensed personal care home operators will be required to decide to upgrade their licensing status. Those that do not upgrade will remain as personal care homes and will not be permitted to use the phrase "assisted living" in facility names or marketing materials.