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As one bill targeting transparency in assisted living dies, another rises

Arizona State Capitol building in Phoenix, AZ
Arizona State Capitol building in Phoenix, AZ
The Arizona State Capitol building in Phoenix, AZ. (Credit: gregobagel / Getty Images)

A proposed change in Arizona state law targeting transparency in assisted living communities has died after a Senate committee failed to take up the bill. But another bill with many of the same components now is making its way through the state legislature.

HB 2653 passed the Arizona House recently with bipartisan support and would have given residents the option of installing cameras in their rooms. It also would have implemented incident and injury reporting requirements for providers. But the bill was not picked up by the state Senate Health and Human Services Committee. 

Arizona LeadingAge CEO Jaime Roberts told McKnight’s Senior Living that she was surprised about the bill’s setback, because the association was “making strides” in addressing some initial concerns with the bill. But she sees the issue as an opportunity to discuss the issues further.

”In light of recent developments, Arizona LeadingAge believes it’s imperative to explore alternative avenues that reward innovation and process improvement,” Roberts said. “It’s essential that we move beyond antiquated solutions to address the evolving needs of our aging population — in other words, let’s not solve yesterday’s problems with yesterday’s solutions.”

The Arizona Health Care Association also said it is committed to working collaboratively with all key stakeholders on all bills affecting assisted living and other long-term care settings. Although this bill failed, association CEO David Voepel told McKnight’s Senior Living that many of its components were added to another bill, HB 2764, which passed the Senate Health and Human Services Committee last week. 

HB 2764, Voepel said, would add a definition of memory care and screening requirements for hiring individuals who will provide direct care in senior living and other long-term care settings.

In addition, the proposed bill would implement licensing requirements for assisted living communities offering memory care services, increase fines for violations and set minimum training requirements for assisted living staff members and managers who provide memory care services. 

It also would add individuals to the board of examiners for assisted living community managers and nursing care institution administrators, including residents from both settings and advocates for individuals living with disabilities or Alzheimer’s disease and related dementias.

“The Arizona Health Care Association’s position is currently neutral on the bill because we’re still in the final stages of negotiating key components and possible additions,” Voepel said. “We remain concerned with some of the provisions outlined, including the memory care definition and the composition of the study committee.”

Cameras are sticking point

Voepel added that the issue of cameras and other electronic monitoring in senior living and other long-term care settings will continue to surface, and the association has pledged to continue discussing the issue with all stakeholders.

“Our top priority is to engage our member facilities in this discussion, given the impact of cost and privacy concerns affecting the residents we serve,” Voepel said. 

Although it is becoming increasingly common to see cameras in shared living spaces, Arizona Assisted Living Federation of America founder and CEO Karen Barno said it is a topic with “layers of complexity” and underscores the “delicate dance between maintaining security and respecting personal privacy.”

“For those who run these facilities, the challenge lies in balancing everyone’s rights,” Barno said. “This includes not just those keen on being under surveillance for safety or monitoring reasons, but also individuals who aren’t comfortable with the idea of being recorded, be it their living partners, visitors or even passersby in common areas.”

Senior living experts previously have raised concerns about privacy and autonomy of assisted living residents related to camera placement.

As of 2021, at least nine states had laws mandating that assisted living communities accommodate resident requests to install electronic monitoring equipment in their rooms: Connecticut, Minnesota, Missouri, North Dakota, Oklahoma, South Dakota, Texas and Utah. New Jersey also has a “Safe Care Cam” program that loans micro-surveillance equipment to healthcare consumers, including families of assisted living and nursing home residents.

Targeting assisted living

Arizona Gov. Katie Hobbs (D) also announced during her recent State of the State address her plan to advocate for a package of bills to ensure that assisted living communities and other long-term care facilities “cannot hide or erase their violation history,” increase fines, standardize inspections and establish uniform credentials for Alzheimer’s, dementia and memory care.

The focus on assisted living and other long-term care settings in Arizona comes after several high-profile deaths and abuse cases were highlighted in an Arizona Republic’s investigative series, “The Bitter End,” which chronicled resident injuries, care issues and sexual assaults in assisted living communities and nursing homes.

Sen. Mark Kelly (D-AZ) raised the issue of safety and transparency concerns at Arizona assisted living communities during a US Senate Special Committee on Aging hearing in January that focused on safety, staffing and pricing in assisted living. Kelly also mentioned the Arizona Republic series and the “horrifying” stories it shared.

Source: McKnights Seniorliving

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