Lawmakers hope Delaware can straighten up its long-term care industry.
Sen. Spiros Mantzavinos and Rep. Kendra Johnson led that charge Monday, unveiling a legislative package with aims to ensure families can trust “long-term care facilities in the First State are operating at the highest standards to meet the needs of Delaware’s aging population.”
The four-bill, bipartisan package introduced Monday stands to provide some of the strongest statewide reforms this industry has seen in decades, the Democratic lawmakers said in a press conference ahead of the filing.
At a glance:
- House Bill 300 — This would require assisted-living facilities unregulated by the federal Centers for Medicare & Medicaid Services to maintain accreditation from an independent organization selected by the Delaware Department of Health and Social Services, according to lawmakers.
- The legislation also would define dementia care service in Delaware Code for the first time, and require facilities that provide those services to meet independent certification standards.
- The Joint Commission, a nonprofit that accredits health-care organizations across the country, was mentioned as a possible example.
- Senate Bill 215 — This bill would change how often the Division of Health Care Quality is required to conduct in-person inspections of assisted-living facilities and nursing homes. While state law requires “regular” inspections, Mantzavinos called that language far too vague. So, SB 215 would make clear that in-person inspections of the roughly 80 facilities in operation must occur at least once a year.
- Failure to maintain accreditation required for a facility or the certification required for a dementia service could lead to civil penalties and a potential suspension or denial of a license to operate.
- Senate Bill 216 — This next piece looks to increase civil penalties that can be imposed against long-term care facilities. Those fines have not been adjusted since 2000. Under this recalibration, all fines would be doubled to account for inflation over the last 24 years.
- In the case of penalties deemed to pose a threat to the health and safety of a resident, fines would go from $1,000 at minimum, to $2,000, with a $20,000 maximum. The maximum for violations not constituting a serious threat would move from $5,000 to $10,000. Each day of a continuing violation constitutes a separate violation, and these violations are further defined in the legislation.
- Senate Bill 217 — This bill aims to bolster the long-term care workforce by strengthening the pipeline of health-care workers graduating from Delaware universities. The legislation would create a career-based scholarship program that incentivizes nursing students and others to pursue careers in Delaware’s facilities in exchange for financial aid. Lawmakers hope to see $1 million in funding to fuel this program.
Live Long, and Prosper,
James H. Johnson