State legislators have been busy considering legislation affecting assisted living operators around the country, including bills addressing dementia care standards, torte reform and Medicaid funding.
Dementia care standards
Washington state lawmakers are considering SB 5337, which would require the state Department of Social and Health Services to develop a certification process for assisted living communities that offer memory care services. The bill evolved from a 2021 informal study by the state’s Dementia Action Collaborative, which found that 237 assisted living communities advertised offering memory care or specialized dementia care but had varying services.
Having participated in the discussions about the legislation, LeadingAge Washington called it “well-crafted and workable” for providers while also giving residents and families greater transparency into what to expect when memory care becomes necessary.
“We believe that all providers should deliver high-quality memory care services and provide appropriate transparency to the residents in their communities,” LeadingAge Washington President and CEO Glen Melin told McKnight’s Senior Living. “However, one of our priorities throughout the stakeholder process has been to ensure that the provisions of this bill do not create unnecessary costs and/or administrative burdens — and, more importantly, that they do not lead to unintended consequences, such as reduced access to memory care services, reduced integration of those with dementia in our regular assisted living populations, or misclassification of facility types.”
The Washington Health Care Association, which also was involved in developing the legislation, called the bill a “thoughtful approach” to regulating memory care services in assisted living.
“Instead of imposing staffing ratios in memory care settings when providers are dealing with severe staffing shortages, this legislation emphasizes additional disclosure to consumers, ensuring they understand the services provided by facilities advertising memory care,” WHCA President and CEO Carma Matti-Jackson told McKnight’s Senior Living.
Matti-Jackson added, however, that the July 1, 2026, implementation timeline remains a concern. “We will continue to be fully engaged in shaping this policy during the rulemaking process and will collaborate with providers to ensure they understand the new standards,” she said.
Similarly, the Florida Legislature is considering a measure to establish specific standards and operational requirements for communities providing memory care services.
LeadingAge Southeast told McKnight’s Senior Living that the organization has been engaged with stakeholders over the past two years to ensure that increased regulation of memory care in assisted living communities did not create additional barriers for older adults. Senior Director of Operations Nick Van Der Linden called HB 493 a “more balanced approach” to regulations guiding memory care in assisted living communities.
Although Florida’s existing regulations have “empowered amazing growth and development of critical services,” the Florida Senior Living Association said it is time for a conversation on the future of memory care in the state.
“It is important to refine the current proposed legislation to ensure it doesn’t blur the lines for residents and families distinguishing between an assisted living facility with a purpose-designed memory care model and an assisted living facility that offers optional activities to sharpen mental acuity or provides limited mental health services,” FSLA Chief Operating Officer and General Counsel Jason Hand said.
Torte reform
Meanwhile, in Georgia, the playing field just became a little more level for senior living providers following the passage of two torte reform bills, according to the industry advocates who championed them.
The Georgia Legislature passed SB 68 and 69, which contain provisions to clarify premises liability standards, curb jury “anchoring” of inflated damage amounts, allow transparency in economic damages by addressing “phantom damages,” and permit bifurcated trials where liability must be established first before damages are discussed.
“These bills will have a transformative impact on our members — reducing legal burdens, protecting access to care, improving resident outcomes, preserving our workforce and ultimately making Georgia the best place to age in place,” Georgia Senior Living Association President and CEO Catie Ramp said. “We are confident this new environment will attract even more senior living operators to expand their services here in Georgia.”
The Georgia Health Care Association said the bills offer “vital support” to the state’s long-term care providers by creating a “more balanced legal framework that limits excessive jury awards for non-economic damages, streamlines legal proceedings, and strengthens protections against frivolous lawsuits.”
“By enacting these reforms, the state is taking a significant step toward protecting care providers from predatory litigation and ensuring accountability remains grounded in fairness and clinical reality.”
Jason Bring, an attorney with Arnall Golden Gregory LLP, told McKnight’s Senior Living that the legislation is a “great step forward in leveling the playing field for providers in litigation.”
Medicaid funding
In an opinion piece for the Milwaukee Journal Sentinel, Wisconsin Assisted Living Association President and CEO Michael Pochowski said that maintaining funding levels for the state’s Medicaid program are essential to keeping assisted living options available in the state.
Pochowski called on the Wisconsin Legislature to maintain funding levels for the Medicaid Family Care program, which enhances caregiver wages in assisted living communities. Without maintaining current funding levels, he said, communities will not be able to pay competitive wages, which will lead to understaffed facilities and operators having to choose whether to close or leave the program.
Although previous efforts by the state have provided partial solutions to the funding problem — including a Direct Care Workforce Funding Initiative and the establishment of minimum rates for assisted living communities — more work is needed in the next biennial budget, according to Pochowski.
“A decrease in funding means a decrease in wages for caregivers, along with rate decrease for facilities — something our industry and the state as a whole cannot afford,” he wrote. “In order to effectively staff the anticipated increase in caregiving needs and for assisted living facilities to obtain adequate reimbursement that reflects economic realities and the true cost of care, the Family Care program needs to provide adequate reimbursement.”
Source: McKnights Seniorliving
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