Law Regarding Assisted Living Vs. Nursing Home
![[Post New]](/jforum/templates/default/images/icon_minipost_new.gif){kind=icon}
Anonymous
| What are the legal differences between assisted living and nursing homes? I know the general idea, but are there laws that specify what must be offered to residents? Does the person running a nursing home have to have medical experience or a degree? Are they required to have a nurse or a doctor on site? What happens when a resident in an assisted living facility starts needing more nursing home type care? I'm asking about the laws or regulations. I get the general idea of the difference between the two. TIA |
Anonymous
| In DC there is an ombudsman for elder care: DC Long Term Care Ombudsman and they have exhaustive knowledge of all these nuances. I suggests you look them up and give a call. |
Anonymous
| Level of care required. |
Anonymous
|
From the second US News article below:
“Nursing homes are subject to more government oversight by both the state and federal governments to ensure quality. The federal Centers for Medicare & Medicaid Services oversees nursing homes. Assisted living communities are subject to state regulations.” This may address some of what you’re looking for with regard to nursing home regulations more specifically: https://www.cms.gov/medicare/health-safety-standards/certification-compliance/nursing-homes Article that similarly addresses assisted living (state) regulations: https://www.caring.com/resources/state-by-state-guide-to-assisted-living-regulations The below articles also offer a good review of the differences between nursing homes and assisted living, and touch on regulations and decisions about level of care needed, with more resources and contact info: https://health.usnews.com/senior-care/articles/nursing-home-requirements https://health.usnews.com/best-nursing-homes/articles/nursing-home-vs-assisted-living https://www.nia.nih.gov/health/assisted-living-and-nursing-homes/long-term-care-facilities-assisted-living-nursing-homes |
Anonymous
Thank you so much PP! How can I look up facilities to see if they're registered as Assisted Living or Nursing Homes? |
Anonymous
(In Montgomery County first, but wider Maryland second. Thanks again.) |
Anonymous
|
Nursing homes are one of the most regulated industries in the US. And each state is different with respect to qualifications to be an administrator. In MD, to be an administrator you have to have a bachelor's degree (in pretty much any field) and then go through a year of training and take an exam. The training is rigorous and the exam is on the regulations - and it seems like there are a million of them. If you really want to know about what's required, you might want to check COMAR. (You did mention Maryland). But it is not medical training. And the requirements for an Assisted Living Administrator are far less.
As far as a doctor onsite in a SNF, not 24/7. The Director of Nursing (DON) and Administrator also aren't onsite 24/7. And, just in terms of language, what you really want to know is whether a facility is a skilled nursing facility. A nursing home can mean anything. The real different though is the level of care and the funding. Assisted living facilities serve residents who are more independent. And, in MD, unless there is long term care insurance that provides coverage for assisted living, there really isn't any funding beyond private pay. For SNFs, there is some (short term) Medicare funding, Medicaid and sometimes private long term care insurance as an option for payment, though for Medicaid, you have to spend down assets. Good luck in your search. |