Things to Know Before Placing Your Loved One in an Assisted Living Community
RCFEs are different from nursing homes in that they do not provide a 24-7 skilled nursing staff needed for more sick and dependent individuals. Although the assisted living industry is not as thoroughly regulated as skilled nursing facilities, all RCFEs are governed by the California Residential Cal Facilities for the Elderly Act (Health & Safety Code § 1569-1569.87). The governing regulations are in 22 Cal. Code Regs. §87100-87731.4.
An RCFE must provide a resident with a broad array of "basic services", including at a minimum the following:
Every facility required to be licensed under this chapter
shall provide at least the following basic services:
California Health and Safety Code Section 1569.312
(a) Care and supervision as defined in Section 1569.2.
(b) Assistance with instrumental activities of daily living in the
combinations which meet the needs of residents.
(c) Helping residents gain access to appropriate supportive
services, as defined, in the community.
(d) Being aware of the resident's general whereabouts, although
the resident may travel independently in the community.
(e) Monitoring the activities of the residents while they are
under the supervision of the facility to ensure their general health,
safety, and well-being.
(f) Encouraging the residents to maintain and develop their
maximum functional ability through participation in planned
activities.
Even if one elderly resident needs care and supervision, the facility must obtain a license. Operation of an unlicensed RCFE is a misdemeanor and an unfair business practice. Before placing your loved one in an assisted living community, request proof of licensure to make sure that the entity is being regulated by the Department of Social Services to promote the safety and well-being of its residents.
Residents should be regularly observed for changes in physical, mental, emotional and social functioning and that appropriate assistance is provided when such observations reveals unmet needs. Changes are documented and brought to the attention of the resident's physician and the resident's responsible person, if any. The duty to notify the physician is placed on the licensee itself, not just the staff.
Finally, it is recommended that you ask for proof of insurance prior to placing your loved one in an assisted living community. The elderly are frequently injured at these facilities and are often left with no recourse because the facility fails to maintain liability insurance.
If your loved one was injured in an assisted living facility, contact a Los Angeles Elder Abuse attorney or an Orange County Elder Abuse attorney.