Laws for Opening Assisted Living
- Assisted Livingexpression startled on older female worker image by Peter Baxter from Fotolia.com
Assisted living facilities are not medical care facilities. Residents have their own private accommodations, and the facility provides meals---or optional meals if the residents have cooking facilities---and assistance with minor daily tasks, as needed. Unlike nursing homes, which are regulated by the federal government, assisted living facilities are regulated by the state where the facility is located. This means that there are many different requirements for opening assisted living facilities in various states. - Since each state has its own requirements, contact the state government in the state where you want to open a facility and ask about assisted living facility licensing and inspection requirements. Obtain copies of regulations and application forms. State laws and regulations may cover staff licensing and training, the required number of staff members and physical requirements for the assisted living facilities. For example, a state might require a larger staff for a facility open to Alzheimer's patients or require a registered nurse on duty.
- Though the federal government does not regulate assisted living facilities, The Americans with Disabilities Act requires people who rent accommodations to provide physical access for disabled people. Because elderly people who require assisted living often are or will become physically disabled as they get older, an assisted living facility will need to comply with the provisions of this law. This would include wheelchair access and disabled access to bathing facilities.
- An assisted living facility must also comply with the requirements of local law. First, the facility must be in an area where zoning laws allow an assisted living facility. For example, local zoning law might not allow you to have an assisted living facility in an area zoned for single-family occupancy. The facility must also comply with local requirements for occupancy and building requirements, including plumbing and electricity. Contact your local building inspectors for local requirements.
State law
Federal law
Local law
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