PUBLIC POLICY Advocates Argentum For You
As an industry, we understand the impor- tance of providing high-quality care to the seniors we serve. Technological advancements have led to
medical breakthroughs. As a result, complex procedures that once took hours can be completed in minutes—and sometimes in a variety of locations. As progress continues, technology will
drive the adoption of future legislation. These changes will likely result in increased access to healthcare professionals—and that will positively impact the lives of residents in senior living communities. Several pieces of legislation signed into
law in the 2019 sessions will positively impact quality care in senior living communities. Collectively, the industry will remain re-
ceptive and supportive of advancements that will improve the lives of residents. Argentum continues active in conversations and contin- ues to work with and serve as a resource to states and legislators. Here’s an analysis and a look at potential
effects on our communities. FLORIDA
CS/SB 7012: Vaping This new law addresses the use of electronic cigarettes, also known as vaping. Previously, the state passed legislation to ban such use in enclosed indoor workplaces. This landmark legislation, like its 2002
predecessor prohibiting tobacco smoking in enclosed indoor workplaces, will serve as a great benefit to the health and quality of life for residents of senior living communities, among others. We anticipate the passage of similar legis- lation in additional states in the coming years.
52 SENIOR LIVING EXECUTIVE MAY/JUNE 2019
CS/CS/HB 23: Telehealth This bill, waiting for governor approval, permits Florida licensed health care pro- fessionals as well as those licensed under a multi-state healthcare licensure compact of which Florida is a member to use telehealth to deliver health care services within their scopes of practice. It also establishes stan- dards of practice for services using telehealth, including examinations, record-keeping, and controlled-substances prescribing.
VIRGINIA HB 2521 and SB 1410:
Assisted living communities; staffing during overnight hours Sponsored by Delegate Sam Rasoul and Senator T. Montgomery Mason This law will expand the overnight staffing ratio for memory care residences by requir- ing assisted living communities to maintain two direct care professionals for up to 22 residents, and three for up to 32 residents. For every 10 additional residents, memory
care residences must have another full-time direct care worker on duty.
TELEHEALTH PROGRESS AND POLICIES CHECK-IN
Telehealth, or use of electronic technology to provide health care when a provider is in a different location, has potential to be a boon to senior living residents. It can open up new services, give them more free time, and cut down on transportation needs.
As telehealth services grow, federal and state legislators and advocates are working out a few common challenges, usually involving reimbursement, including by private payers that belong to Medicare Advantage; online prescribing; licensure; and privacy.
In April, the Centers for Medicare & Medicaid Services (CMS) finalized policies that allow Medicare Advantage plans to provide additional telehealth benefits for those in Medicare Advantage plans, starting in 2020. The structure of the rule may also result in Original Medicare plans offering more telehealth benefits.
Here are some updates from the Center for Connected Health Policy, as of Spring 2019:
• 49 states and the District of Columbia have a definition for telehealth, telemedicine, or both.
• 39 states and District of Columbia have active laws governing private payer reimbursement of telehealth. Most require only parity in covered services.
• Most states consider an online questionnaire alone as insufficient to establish a relationship for medication prescriptions. But some states allow prescriptions after an online physical.
• 29 states and District of Columbia participate in the Interstate Medical Licensure Compact, an agreement that allows under certain conditions practice across state lines with differing licensure requirements.
SB 1409: Assisted living communities; requirement for licensed administrator Sponsored by Senator T. Montgomery Mason The senior living industry, like many oth- ers, is experiencing high levels of employee turnover. Addressing this while ensuring quality of life and resident safety and main- taining regulatory compliance is a formida- ble challenge. Finding qualified, certified, and trained administrators is particularly difficult in some states. This new law in effect recognizes this
difficulty. It allows an assisted living resi- dence to operate under the supervision of an acting administrator two times during any two-year period. It also takes into consideration barriers
of employment within the state, including training and licensure requirements that exceed those of neighboring states. Previously, an assisted living residence
could operate under an acting administrator only once per two-year period.
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