On June 30, 2020, Governor Brian Kemp signed a bill to reform senior care. The new law requires that administrators of assisted living facilities and large personal care homes must be licensed. The license will require two years of experience or one year of academic training and education for such care and the certification will require the person to pass an exam. Memory care units must also attain certification. The requirement for overall staffing and the required training for staff also will increase. The ratio for staff to residents will change requiring one staff person for every 15 residents during the day, and one staff member for every 20 residents at night.
Senior care facilities that are memory care facilities have much stricter training requirements for all staff and must have a registered nurse, licensed practical nurse, or certified medication aide on-site at all times. Staff must receive a minimum of 16 hours of specialized training in dementia care within 30 days of working in a dementia care facility.
Any facility caught in violation of the new law may face a fine up to $2,000.00 a day for each violation, with a total up to $40,000.00. A new mandatory fine of at least $5,000 (instead of the previous $601) would be imposed if the violation results in serious harm of a resident or death.
The new law also requires these facilities to be in good financial standing and report any financial hardships to the residents and families. To be considered financially stable and receive certification, the institution must provide an affidavit from a CPA that the facility can operate for the next two years.
Facilities will have until July 2021 to comply with the new law. In the meantime, the state will establish a new board to handle the licensing of administrators and create a process for certifying memory care units.
While we can look forward to these stronger protections for our elderly population, some of the new rules will become effective immediately. The state has passed a new requirement that all residents and staff in long term care facilities be tested for COVID-19 by September 30th, 2020, if previous tests have not yet been administered. If a confirmed test is reported, the facility must inform residents and their families within one day. All facilities must maintain a seven-day supply of protective masks, surgical gowns, eye protection, and gloves for all residents and staff.
These changes will bring more protection to the vulnerable elderly population, but are only required for those facilities that have 25 or more beds. Smaller institutions and home care facilities will not be subject to the new rules and fines.
At Grissom Law, we value our clients whatever their age and want to help provide them with the best estate plan, but we also seek to advise on local senior care facilities and overall quality of life.
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