New Personal Care Home Rules Challenged

[NRSKarenRN, BSN, RN]

new care home rules challenged

wednesday, october 26, 2005

by gary rotstein, pittsburgh post-gazette

new personal care home regulations intended to make the industry safer and more consumer-friendly took effect in pennsylvania monday, but providers who contend they're overburdened want the rules thrown out in court.

the northern area personal care home administrators association filed suit two weeks ago in commonwealth court seeking to block the department of public welfare regulations. a hearing is scheduled in harrisburg tomorrow.

"the regulations are very harmful to the segment of the personal care industry that caters to the persons who are the most vulnerable," primarily low-income individuals on supplemental security income or with disabilities, said the association's lawyer, robert hoffman. the sweeping regulations increase qualifications to enter the field, annual training requirements, fire safety provisions, assessments of residents' needs and much more. they received final approval from a state commission in february after several years of sometimes rancorous debate.

full story: http://www.post-gazette.com/pg/05299/594918.stm

highlights:

new administrator: required that they either be a nurse, have a college degree at associate's level or higher, or hold a nursing home administrator's license. previously, individuals needed just a high school degree and 40 hours of orientation.

new provisions include regs re reportable incidents and conditions, waivers, resident-home contract, resident rights, complaint procedures, direct care staff training, administrator training, emergency preparedness, medication administration training, safe management techniques, preadmission screening tool, initial assessment and the annual assessment and support plan. the final-form rulemaking supports resident-centered care, choice and privacy.

the following link will take you to the new personal care home licensing regulations effective october 24, 2005.

http://www.pabulletin.com/secure/data/vol35/35-17/823.html

http://www.pacode.com/secure/data/055/chapter2600/chap2600toc.html

[elkpark]

The same thing happens in NC every time an attempt is made to put any more than the bare minimum requirements in place for group homes and adult care homes -- the providers' group goes to court over the rules. They always want to get paid more state money, but they seem to feel that holding them accountable for what kind of care they provide is some sort of violation of their God-given rights ... ("Standards??? We don't need no stinkin' standards!" )

Unfortunately, we usually have to have some colorful scandal involving one of the homes that gets lots of press coverage, usually involving a resident death, in order to get any new rules passed ...