Capitol Report

State Representative Danny Carroll

2-17-05

On Tuesday, the Human Resources Committee engaged in a spirited discussion over the status of assisted living facilities.  Testimony from residents and facility administrators made the situation very clear – the Department of Inspections and Appeals (DIA) is making assisted living facilities more like nursing homes and that’s not what Iowans want.

In 2003 the Legislature gave authority for setting rules for assisted living facilities to the Department of Elder Affairs while the Department of Inspections and Appeals (DIA) was charged with enforcing the rules.

Elder Affairs is attempting to move forward with regulations that reflect the Legislature’s desire to have assisted living treated under a social model.  Inspections and Appeals had advanced a medical model of regulation, based on how nursing homes are treated.  DIA’s position contradicts the language of the 2003 law.  Assisted living now faces more regulation than do nursing homes.

Residents asked the committee to prevent the regulations from driving up the price of assisted living.  Even more important was their concern that DIA’s actions were restricting their freedom.  They felt the regulations were taking away their ability to control their care, thus treating them like they were in the nursing home.

The most prominent example of this is how medications are treated.  Before this summer, it was common for workers at facilities to provide residents with assistance in taking medication.  In September, DIA ordered all facilities to either provide no medication assistance at all or to completely take over and lock up all the resident’s medicines. 

The impact of this has been to take away the freedom of residents and force those needing some assistance to pay significantly more for a level of care they do not want or need.  Maintaining this rule could actually force more Iowans into nursing homes as they exhaust their resources faster.

The Human Resources Committee is considering changes to the assisted living regulations.  Over-zealous regulation by DIA will undoubtedly be apart of the Committee’s work as well.

You can reach me at home most evenings and weekends at 641-236-7043.  My home address is 244 400^th Avenue, Grinnell, Iowa 50112.  While at the Capitol, you can reach me at the House of Representatives switchboard at 515-281-3221 or by E-mail at danny.carroll@legis.state.ia.us.  My mailing address at the Capitol is House of Representatives, State Capitol, Des Moines, Iowa 50319.