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Posted on Sep 17, 2024

State Regulations for Assisted Living Facilities (All States)

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Read Time: 15 Min

Starting an assisted living facility may seem like a simple task that would bring in large profits. However, the truth is that running an assisted living facility is a big responsibility.

You want to provide the best care for your residents while keeping up with all the laws and rules. Knowing the state regulations for assisted living can help you avoid fines and keep your facility in good standing.

In this guide, we'll walk you through the key requirements for each state. We'll also share practical tips to stay compliant with these state regulations.

Who Regulates Assisted Living Facilities?

Before we discuss the different state regulations, you must first learn which agency governs assisted living communities.

In the United States, state agencies regulate assisted living facilities instead of the federal government. These agencies set the standards for licensing, safety, and care and ensure that facilities meet specific criteria to protect residents and prevent elder abuse.

Each state has its own set of regulations and a designated regulatory body. For example, in California, the State Department of Social Services oversees assisted living regulations. In Texas, it's the Health and Human Services Commission. These agencies conduct regular inspections and investigate complaints to ensure compliance.

Despite being governed at a state level, assisted living communities must still follow some federal guidelines.  

For example, if your facility provides Medicare and Medicaid assistance, you must abide by the Centers for Medicare & Medicaid Services (CMS), a federal agency within the U.S. Department of Health and Human Services (HHS).

Knowing who regulates your assisted living facility can help you stay updated on any changes in state and federal regulations. It also makes it easier to seek guidance or clarification when needed.

General Requirements for Assisted Living Facilities

Now that you understand who regulates assisted living facilities let's discuss the general requirements that these regulators expect you to meet.

Licensing

Getting the right license is the first step in running an assisted living facility.

Each state has its licensing process, which usually involves submitting an application, paying a fee, and passing an inspection.

Once you receive your license, you’ll need to renew it periodically, often every one to three years. Make sure to stay on top of renewal dates to avoid lapses in your license.

Staff Qualifications and Training

State regulators also have strict requirements for staff qualifications and training in assisted living communities.

Typically, senior caregivers must have specific degrees or certifications, such as CPR certification.

In addition to initial qualifications, ongoing training is important. Assisted living staff must complete regular training sessions on topics like emergency procedures, resident rights, and dementia care. This ensures they are well-prepared to handle any situation that arises and prevents them from becoming overwhelmed.

Staff-to-Resident Ratios

States often specify minimum staffing levels based on the number of residents and their care needs.

These staff-to-resident ratios ensure that each resident receives proper attention and care. Adequate staffing also helps prevent employee burnout and improves the services provided by your assisted living facility.

For example, North Carolina has gone to great lengths to detail the minimum staff-to-resident ratio. 

An assisted living community in NC must have at least one staff member for every eight senior individuals during the first and second shifts. In the third shift, one caregiver should be assigned to every ten residents.

This specific staff-to-resident requirement makes NC one of the most favored states for senior living.

Assisted Living Facility Environment and Maintenance

The physical environment of your assisted living facility must meet specific standards set by the Office of Public Health, the Department of Sanitation, and other state-level agencies.

This includes having safe and accessible living spaces, clean and well-maintained common areas, and appropriate emergency exits.

Medication Management

Assisted living communities must also meet state regulations regarding proper medication management. These usually involve documenting medicine dosages, times, and any side effects observed.

Many states also require periodic audits of medication records to maintain compliance.

Record Keeping and Reporting

State regulations often specify the type of medical records to keep and the duration for which they must be retained. Regular audits of these records help ensure they are complete and accurate.

In addition to internal records, assisted living facilities must report certain incidents, such as accidents or elder abuse, to state regulators.

State-by-State Guide to Assisted Living Regulations

Each state has its own regulations and requirements for assisted living facilities. Let's take a closer look below.

Alabama

In Alabama, the State Department of Public Health and the Bureau of Health Provider Standards regulate assisted living facilities. Communities must meet the following requirements:

  • Licensing: Assisted living facilities must renew their state license annually. The renewal period typically runs from October 1st through December 31st.
  • Administrator or director education and training: Facility administrators must have a license from the Alabama Board of Examiners of Assisted Living Administrators. They should also complete a 20-hour classroom training program.
  • Care staff education and training: Each staff member must have initial training on topics like state law, facility policies, resident rights, CPR, and basic first aid.
  • Staffing ratio: An assisted living facility in Alabama shall always be staffed by at least one individual with current CPR certification. There is no specific staffing ratio.
  • Medication management: Only a physician, a registered nurse (RN), or a licensed practical nurse (LPN) in Alabama can administer medication to residents.
  • Emergency preparedness: Facilities in Alabama must maintain a current written fire safety, relocation, and evacuation plan. They should also conduct fire drills every month.

For more information, you can visit the Alabama Public Health website.

Alaska

The Alaska Department of Health and Social Services oversees assisted living facilities in the state. These facilities should abide by the requirements below:

  • Licensing: The Division of Health Care Services provides licensing for assisted living communities in Alaska.
  • Administrator or director education and training: In Alaska, the facility administrator must complete an approved management or administrator training course and have documented experience in senior care.
  • Care staff education and training: Care staff must train in emergency procedures and recognition of abuse, neglect, exploitation, and mistreatment of residents. They should also complete 12 hours of continuing education annually.
  • Staffing ratio: There are no staffing ratios in Alaska. However, assisted living communities must always have a care provider on duty who has CPR and first aid training.
  • Medication management: A registered nurse licensed in Alaska may delegate medication administration tasks. Unlicensed staff can provide medication reminders, read labels, open containers, and observe a resident while taking medication.
  • Emergency preparedness: Communities should have a disaster preparedness and emergency evacuation plan that complies with the Alaska State's Life and Fire Safety requirements.

Refer to the Alaska Department of Health website for further information.

Arizona

In Arizona, the Department of Health Services regulates assisted living communities. Each residential care institution must follow these assisted living regulations:

  • Licensing: The Division of Public Health Licensing Services and Bureau of Residential Facilities Licensing are responsible for licensing assisted living communities.
  • Administrator or director education and training: The facility director must be a certified caregiver, LPN, or skilled nursing facility (SNF) administrator.
  • Care staff education and training: All staff must undergo first aid and CPR training specific to adults.
  • Staffing ratio: Arizona doesn't have specific staffing ratios. However, the State specifies that sufficient staff must be present at all times to provide daily living care services.
  • Medication management: Licensed nurses in Arizona must administer medication to residents.
  • Emergency preparedness: Senior living facilities must have a disaster plan in place. It should be reviewed annually.

If you require more information, you can go to the Arizona Department of Health Services website.

Arkansas

The Office of Long-Term Care within the Arkansas Department of Human Services sets regulations for assisted living facilities. All communities must follow these State regulations:

  • Licensing: The Division of Provider Services and Quality Assurance under the Human Services Department licenses assisted living facilities in Arkansas. Communities are designated as Level I or Level II. The latter must have a registered nurse on staff.
  • Administrator or director education and training: Facility administrators should have a high school diploma or GED and pass a certification program approved by the State.
  • Care staff education and training: All care staff must receive training on building safety and emergency measures, emergency response, elder abuse, neglect, financial exploitation, and reporting requirements, among other topics.
  • Staffing ratio: Level I facilities must have sufficient staff to meet the needs of residents. Level II communities should have a minimum of one staff person per 16 residents.
  • Medication management: A licensed nursing personnel in Arkansas is allowed to administer medication.
  • Emergency preparedness: Arkansas doesn't specify emergency or disaster preparedness requirements.

The Office of Long-Term Care website provides more information on assisted living regulations.

California

The State Department of Social Services (CDSS) regulates assisted living communities. California requires facilities to meet the following requirements:

  • Licensing: Assisted living communities must request licensing from the Community Care Licensing Division (CCLD).
  • Administrator or director education and training: Facility administrators must complete an 80-hour Initial Certification Training Program and pass a standardized exam developed by CDSS.
  • Care staff education and training: Staff members must have on-the-job training or related experience in the job they are assigned.
  • Staffing ratio: All facilities in California shall have a qualified and currently certified administrator and at least one staff member on duty present during normal working hours.
  • Medication management: Trained facility staff are prohibited from handling medication, but may assist residents with self-administration of medication. Only appropriately skilled medical professionals should administer medication.
  • Emergency preparedness: Assisted living communities must have a current, written emergency and disaster plan that contains elements specified in the Health and Safety Code section 1569.695.

For more information, you can visit the CDSS website.

Colorado

The Colorado Department of Public Health and Environment provides the following assisted living regulations:

  • Licensing: Assisted living residences must comply with licensing requirements from the Public Health and Environment Department.
  • Administrator or director education and training: The facility administrator must have a high school diploma and at least one year of experience supervising the delivery of daily living services.
  • Care staff education and training: Each staff member must complete an initial orientation.
  • Staffing ratio: Colorado requires one trained staff member to be in the facility at all times.
  • Medication management: A practitioner, nurse, or qualified medication administration person can handle medications.
  • Emergency preparedness: State regulations require facilities to have an emergency preparedness plan and specific equipment.

This government website provides more information about assisted living regulations.

Connecticut

In Connecticut, the Department of Public Health sets the standards for assisted living facilities. It requires the following:

  • Licensing: Assisted living services agencies are required to be licensed by the Facility Licensing and Investigations Section.
  • Administrator or director education and training: The facility director must be a registered nurse with a baccalaureate degree in nursing and at least two years of experience in nursing.
  • Care staff education and training: All assisted living staff must complete a 10-hour orientation program.
  • Staffing ratio: Although there are no staffing ratios in Connecticut, the supervisor must ensure that licensed nurse staffing is always adequate to meet residents' needs.
  • Medication management: A licensed nurse in Connecticut may administer medications to residents.
  • Emergency preparedness: Connecticut doesn't require specific emergency or disaster preparedness plans.

You can refer to the Connecticut State website for more information.

Delaware

The Delaware Department of Health and Social Services regulates assisted living communities and requires the following:

  • Licensing: Senior living facilities must obtain licensing from the Division of Health Care Quality.
  • Administrator or director education and training: The Delaware law states that the administrator must maintain current certification.
  • Care staff education and training: Resident assistants should receive orientation on topics like fire and life safety, infection control, basic food safety, and their job responsibilities.
  • Staffing ratio: Delaware doesn't have staffing ratios.
  • Medication management: Assisted living facilities must comply with the Nurse Practice Act when handling medications.
  • Emergency preparedness: Communities should comply with emergency rules set by the State Fire Prevention Commission.

You can visit the Delaware website for detailed information.

Florida

Florida's Agency for Health Care Administration oversees assisted living facilities and provides these regulations:

  • Licensing: The Bureau of Health Facility Regulation licenses senior living communities.
  • Administrator or director education and training: Administrators must have a high school diploma or GED and must complete core training requirements set by the state.
  • Care staff education and training: Every staff must undergo core training and preservice orientation.
  • Staffing ratio: At least one employee certified in first aid and CPR should be present in the facility at all times.
  • Medication management: A registered nurse licensed in Florida must administer medication.
  • Emergency preparedness: Each facility in Florida must write an emergency management plan.

For more information, refer to this website.

Georgia

In Georgia, the Department of Community Health stipulates these assisted living regulations:

  • Licensing: The Healthcare Facility Regulation Division (HFRD) licenses assisted living communities.
  • Administrator or director education and training: The director must obtain a valid license from the State Board of Long-Term Care Facility Administrators.
  • Care staff education and training: All employees should undergo work-related training.
  • Staffing ratio: Facilities must have one staff per 15 residents during waking hours and one employee per 20 residents during non-waking hours.
  • Medication management: Unlicensed staff can assist residents with self-administration of medication,
  • Emergency preparedness: Facilities must comply with rules and regulations for Disaster Preparedness Plans.

You can obtain more information from HFRD's website.

Hawaii

The State Department of Health regulates assisted living facilities in Hawaii.

  • Licensing: The Office of Health Care Assurance (OHCA) licenses assisted living communities.
  • Administrator or director education and training: The facility administrator must have at least two years of experience in health care services.
  • Care staff education and training: Employees must undergo orientation on the philosophy, organization, practice, and goals of assisted living.
  • Staffing ratio: Hawaii doesn't specify required staffing ratios.
  • Medication management: Only a registered nurse can administer medication.
  • Emergency preparedness: The facility shall develop a written disaster preparedness plan.

You can visit the OHCA website for further information.

Idaho

The Idaho Department of Health and Welfare oversees assisted living facilities and requires the following:

  • Licensing: The Division of Licensing and Certification provides licenses to assisted living communities.
  • Administrator or director education and training: Facility administrators must be licensed by Idaho.
  • Care staff education and training: Employees must complete a minimum of 16 hours of job-related orientation training.
  • Staffing ratio: The facility should always have one or more qualified staff during waking hours.
  • Medication management: A licensed professional nurse must handle medications.
  • Emergency preparedness: Each Idaho facility must have a written emergency plan.

If you need additional resources, refer to the Health and Welfare website.

Illinois

Assisted living communities in Illinois must abide by the regulations set by the State Department of Public Health (DPH).

  • Licensing: Facilities should obtain licensing from the Division of Assisted Living.
  • Administrator or director education and training: The administrator must receive training and orientation and have one year of experience in health care.
  • Care staff education and training: Staff members must complete on-the-job training.
  • Staffing ratio: Illinois doesn't have staffing ratios, but facilities are required to have at least one staff member on duty daily.
  • Medication management: Only licensed personnel can administer medication.
  • Emergency preparedness: Every facility must write an emergency plan in case of disasters.

The DPH website provides more information if you need it.

Indiana

The Indiana Department of Health (IDOH) and Family and Social Services Administration (FFSA) require facilities to meet the following assisted living regulations:

  • Licensing: Communities must register their licenses with the IDOH.
  • Administrator or director education and training: Administrators must have a higher degree in any subject and complete a 1,040-hour administrator-in-training program.
  • Care staff education and training: Each employee must undergo orientation before working.
  • Staffing ratio: Indiana requires a minimum of one staff per person.
  • Medication management: A licensed nursing personnel is responsible for handling medication.
  • Emergency preparedness: Facilities should detail procedures to meet potential emergencies and disasters.

For more information, you can visit the FFSA website.

Iowa

In Iowa, the Department of Inspections and Appeals and Licensing (DIAL) regulates assisted living facilities.

  • Licensing: Assisted living programs must obtain certification, which is equivalent to licensure, from the Health and Safety Division.
  • Administrator or director education and training: The facility manager must complete an assisted living management class.
  • Care staff education and training: All staff should receive training from a registered nurse.
  • Staffing ratio: There are no staffing ratios in Iowa.
  • Medication management: A registered nurse or LPN can handle medication.
  • Emergency preparedness: Iowa requires a written emergency plan in case of natural disasters, fire, and personal emergencies.

The DIAL website provides additional resources that meet your needs.

Kansas

Senior living communities in Kansas must follow the regulations set by the Department for Aging and Disability Services (DADS).

  • Licensing: DADS licenses assisted living facilities and personal care homes in Kansas.
  • Administrator or director education and training: Facility administrators must be licensed or complete an operator training course and pass the test approved by the Kansas Department of Health and Environment.
  • Care staff education and training: All new employees must undergo orientation.
  • Staffing ratio: Kansas doesn't require minimum staffing ratios.
  • Medication management: Facilities can manage their residents' medication but must submit to a quarterly review from a licensed pharmacist.
  • Emergency preparedness: Communities should write an emergency management plan.

You can visit the KDADS website if you require more information.

Kentucky

In Kentucky, the Cabinet for Health and Family Services (CHFS) regulates assisted living communities.

  • Licensing: The Department for Aging and Independent Living provides certifications to assisted living facilities.
  • Administrator or director of education and training: The facility manager should hold a high school diploma or a GED.
  • Care staff education and training: Employees must receive orientation within 90 days of hire.
  • Staffing ratio: A staff member must be assigned to the facility at all times.
  • Medication management: The facility is prohibited from administering medication. Only the resident, the resident's family member, or a licensed healthcare professional can manage medication.
  • Emergency preparedness: Kentucky doesn't require a written emergency plan but demands that employees be trained in disaster preparedness.

The CHFS provides other resources if you need them.

Louisiana

The Louisiana Department of Health oversees assisted living facilities and requires the following:

  • Licensing: The Health Standards Section provides licenses to assisted living facilities, categorized as Level 3.
  • Administrator or director education and training: The facility director must have a Bachelor’s degree and two years of administrative experience in health or social services.
  • Care staff education and training: Care staff must have CPR and first aid certification and complete an orientation.
  • Staffing ratio: There are no staffing ratios in Louisiana. However, the State requires facilities to have a director, a designated activity staff, and a direct care employee.
  • Medication management: Louisiana allows a registered nurse or LPN to administer medications.
  • Emergency preparedness: The facility should have an emergency preparedness plan to manage hazards.

For more information, you can visit this website.

Maine

Assisted living communities in Maine should abide by the regulations set by the Department of Health and Human Services.

  • Licensing: The Division of Licensing and Certification licenses assisted living facilities in Maine.
  • Administrator or director education and training: The administrator must be licensed in residential care and have five years of education or experience in the healthcare field.
  • Care staff education and training: Maine doesn't specify staff education and training requirements.
  • Staffing ratio: Communities with more than six residents should have two staff members on duty at all times.
  • Medication management: Facilities can administer medications.
  • Emergency preparedness: Maine doesn't require specific emergency plans.

You can refer to this website for additional information.

Maryland

The Maryland Department of Health (MDH) regulates assisted living facilities.

  • Licensing: Facilities must obtain licensure from the Office of Health Care Quality (OHCQ).
  • Administrator or director education and training: The manager must have a four-year, college-level degree and two years of experience in a healthcare-related field.
  • Care staff education and training: Employees must complete state-approved training.
  • Staffing ratio: There are no staffing ratios in Maryland.
  • Medication management: All staff must complete the medication administration course taught by a registered nurse before handling medication.
  • Emergency preparedness: The facility must prepare an emergency and disaster plan.

The OHCQ website provides additional resources.

Massachusetts

In Massachusetts, the Executive Office of Elder Affairs (EOEA) governs assisted living residences.

  • Licensing: Communities must meet regulatory standards to get certified by the EOEA.
  • Administrator or director education and training: The administrator must have two years of experience working with elders.
  • Care staff education and training: Employees must undergo a seven-hour orientation before work.
  • Staffing ratio: A care staff must be on the premises 24 hours per day.
  • Medication management: Licensed nurses can handle medication if there is a doctor's order on file.
  • Emergency preparedness: A comprehensive emergency management plan is required for all facilities.

You can visit the state website for more information.

Michigan

The Michigan Department of Licensing and Regulatory Affairs regulates assisted living residences.

  • Licensing: The Licensing and Regulatory Affairs department provides licensing and regulation for facilities.
  • Administrator or director education and training: Administrators must have a high school diploma or GED.
  • Care staff education and training: Staff must complete a training program and have CPR and first aid certifications.
  • Staffing ratio: While there are no staffing ratio requirements in Michigan, residences must always have an adequate number of employees.
  • Medication management: A licensed staff can administer medication if they follow a physician's instructions.
  • Emergency preparedness: Michigan requires documentation from the facility confirming staff training in emergency preparedness.

If you need further information, you can go to this website.

Minnesota

In Minnesota, the Department of Health oversees assisted living communities.

  • Licensing: Facilities must obtain licensing from the Department of Health.
  • Administrator or director education and training: The director must have a high school diploma, pass necessary exams, and complete the required field experience hours.
  • Care staff education and training: Staff must undergo orientation before working.
  • Staffing ratio: There are no mandated staffing ratios in Minnesota.
  • Medication management: The facility can administer medication.
  • Emergency preparedness: Minnesota requires a written emergency disaster plan from facilities.

You can visit the Minnesota website for more information.

Mississippi

The Mississippi Department of Health regulates assisted living facilities.

  • Licensing: The Division of Health Facilities Licensure and Certification provides licensing for facilities.
  • Administrator or director of education and training: Facility administrators must be high school graduates.
  • Care staff education and training: Staff must receive training every quarter.
  • Staffing ratio: Mississippi requires one staff per 15 residents during waking hours and one employee per 25 residents during nighttime.
  • Medication management: Only licensed personnel can administer medication.
  • Emergency preparedness: Facilities must maintain a written preparedness plan in case of emergencies.

You can obtain more information from this website.

Missouri

Facilities in Missouri must follow the regulations set by the Department of Health and Senior Services.

  • Licensing: The Division of Regulation and Licensure licenses assisted living residences.
  • Administrator or director education and training: An administrator must obtain a Missouri Board of Nursing Home administrator license.
  • Care staff education and training: All staff must receive a two-hour orientation.
  • Staffing ratio: Missouri requires one staff per 15 residents during the day shift, and one employee for 20 seniors during the night.
  • Medication management: A pharmacist or registered nurse must review resident medication every month.
  • Emergency preparedness: All facilities in Missouri shall have a written plan to meet potential emergencies or disasters.

You can visit the state website for additional resources.

Montana

In Montana, the Department of Public Health and Human Services (DPHHS) regulates assisted living communities.

  • Licensing: Facilities should be licensed by the Quality Assurance Division.
  • Administrator or director education and training: Director requirements differ based on the facility category. For one, Category A administrators must be currently licensed in Montana.
  • Care staff education and training: All employees should undergo two hours of training.
  • Staffing ratio: Montana has different staffing requirements depending on the facility category.
  • Medication management: A licensed healthcare professional should administer medication.
  • Emergency preparedness: Montana doesn't require specific emergency plans.

If you need more information, you can go to the DPHHS website.

Nebraska

The Nebraska Department of Health and Human Services (DHHS) provides the following assisted living regulations:

  • Licensing: The Nebraska Licensure Unit licenses assisted living facilities.
  • Administrator or director education and training: Administrators must complete 30 hours of department-approved training.
  • Care staff education and training: Employees must complete an initial orientation before employment.
  • Staffing ratio: There are no staffing ratios in Nebraska.
  • Medication management: A licensed healthcare professional must manage medication.
  • Emergency preparedness: Facilities must implement disaster preparedness plans.

The DHHS website provides additional resources.

Nevada

Assisted living communities in Nevada must follow regulations from the Department of Health and Human Services.

  • Licensing: The Bureau of Health Care Quality and Compliance provides licensing for facilities.
  • Administrator or director education and training: Administrators must pass the licensing exam of the Nevada State Board of Examiners for Administrators of Facilities for Long-Term Care.
  • Care staff education and training: Caregivers must complete CPR and first aid training.
  • Staffing ratio: Facilities with more than 20 residents shall ensure that at least one employee is on duty.
  • Medication management: A caregiver can administer medication.
  • Emergency preparedness: Nevada requires a comprehensive emergency plan from facilities.

You can visit this website for more information.

New Hampshire

In New Hampshire, the Department of Health and Human Services regulates assisted living communities.

  • Licensing: The Bureau of Licensing and Certification licenses facilities.
  • Administrator or director education and training: Administrators should have a Bachelor’s degree from an accredited institution and two years of working experience in a healthcare setting.
  • Care staff education and training: All personnel must undergo orientation and training.
  • Staffing ratio: New Hampshire doesn't have staffing ratio requirements.
  • Medication management: Only individuals authorized by law can administer medication.
  • Emergency preparedness: Facilities should have an emergency management program in place.

You can obtain additional information on the DHHS website.

New Jersey

Facilities in New Jersey must abide by regulations set by the Department of Health (DOH).

  • Licensing: The Division of Health Facilities Evaluation and Licensing licenses assisted residences.
  • Administrator or director education and training: Administrators must hold a current New Jersey license or certification.
  • Care staff education and training: Employees must complete orientation and education programs.
  • Staffing ratio: At least two employees must be on site 24 hours per day.
  • Medication management: Certified nurse aides and registered nurses can administer medication.
  • Emergency preparedness: Written emergency plans are required for New Jersey facilities.

The DOH website provides useful resources.

New Mexico

The New Mexico Department of Health regulates assisted living residences.

  • Licensing: Facilities must obtain licensure from the Division of Health Improvement.
  • Administrator or director education and training: Administrators must have a high school diploma and complete a certification program.
  • Care staff education and training: Employees must undergo 16 hours of supervised training.
  • Staffing ratio: Facilities must provide a sufficient number of employees at all times.
  • Medication management: Licensed healthcare professionals can handle medication.
  • Emergency preparedness: Facilities must write personnel policies for emergency procedures.

This website offers other important details.

New York

In New York, assisted facilities must abide by the Department of Health regulations, such as:

  • Licensing: DOH issues a certification for senior care facilities.
  • Administrator or director education and training: Administrators must have a high school diploma and three years of related work experience.
  • Care staff education and training: Staff must complete 40 hours of initial training.
  • Staffing ratio: New York doesn't have minimum staffing ratios but requires staff to be in the facility 24 hours a day.
  • Medication management: Facilities can assist residents with self-administration of medication.
  • Emergency preparedness: Communities must have a written emergency plan.

You can refer to the DOH website for more information.

North Carolina

The North Carolina Department of Health and Human Services (NCDHHS) oversees assisted living communities.

  • Licensing: The Division of Health Service Regulation licenses facilities based on size.
  • Administrator or director education and training: The administrator must complete a 120-hour training program and pass a written exam.
  • Care staff education and training: Staff must undergo an 80-hour training program within six months of hire.
  • Staffing ratio: One staff should be present for every eight residents during the first and second shifts. For the third shift, one caregiver is required for ten residents.
  • Medication management: Staff must complete training, validate clinical skills, and pass the exam before administering medication.
  • Emergency preparedness: North Carolina requires a written disaster plan approved by the local emergency management agency.

You can visit the NCDHHS website for more details.

North Dakota

Facilities in North Dakota must follow the regulations set by the Department of Health Response and Licensure.

  • Licensing: The Department of Human Services licenses assisted living facilities.
  • Administrator or director education and training: Administrators must complete at least 12 hours of continuing education annually.
  • Care staff education and training: Staff must receive annual training on resident rights and other topics.
  • Staffing ratio: While there are no staffing ratios, North Dakora requires facilities to provide 24-hour staffing.
  • Medication management: Unlicensed staff may administer medication, except for controlled prescription drugs.
  • Emergency preparedness: A written emergency disaster plan is required for North Dakota facilities.

This website details assisted living regulations in North Dakota.

Ohio

In Ohio, the Department of Health oversees senior care facilities.

  • Licensing: Facilities must obtain licensing from the Office of Health Assurance and Licensing.
  • Administrator or director education and training: Administrators must be a licensed healthcare professional or hold a degree.
  • Care staff education and training: Employees must complete first aid training and a specified training program.
  • Staffing ratio: Ohio requires at least one staff member to be on duty at all times.
  • Medication management: Only a qualified staff can administer medication.
  • Emergency preparedness: Facilities must write a disaster preparedness plan.

You can visit the Ohio website for more details.

Oklahoma

Oklahoma's Department of Health regulates assisted living communities.

  • Licensing: The Protective Health Services and Longterm Care Services Division licenses facilities.
  • Administrator or director education and training: An administrator must hold a nationally recognized assisted living certificate of training.
  • Care staff education and training: Employees must have first aid and CPR training.
  • Staffing ratio: A minimum of two staff members must be on duty at all times.
  • Medication management: Unlicensed staff must complete training before handling medications.
  • Emergency preparedness: Facilities must develop a written emergency and disaster preparedness plan.

If you require more information, you can go to this website.

Oregon

Assisted living residences in Oregon must abide by the Department of Human Services regulations.

  • Licensing: Oregon's Department of Human Services (ODHS) licenses assisted facilities.
  • Administrator or director education and training: Administrators must hold a Bachelor’s degree in health or a related field.
  • Care staff education and training: Employees must attend orientation before work.
  • Staffing ratio: Oregon requires a minimum of two caregivers available at all times.
  • Medication management: Staff may handle medications as long as the resident knows it.
  • Emergency preparedness: Facilities must write a disaster preparedness plan.

You can visit the ODHS website for additional resources.

Pennsylvania

In Pennsylvania, the Department of Human Services regulates assisted living facilities.

  • Licensing: The Bureau of Human Services Licensing provides licensing for facilities.
  • Administrator or director education and training: Administrators must complete a Department-approved orientation program, a 100-hour training program, and a competency-based training test.
  • Care staff education and training: Staff must have a high school diploma and complete an orientation.
  • Staffing ratio: Pennsylvania doesn't have staffing ratios.
  • Medication management: A licensed professional can administer medication.
  • Emergency preparedness: The administrator must copy the emergency plan from the municipality in which the facility is located.

You can refer to this website for more information.

Rhode Island

Rhode Island's Department of Health governs assisted living residences.

  • Licensing: The Center for Health Facilities Regulation licenses assisted living communities.
  • Administrator or director education and training: Administrators must hold a current Rhode Island nursing home license.
  • Care staff education and training: Employees must complete two hours of orientation and training.
  • Staffing ratio: Rhode Island requires a minimum of two staff with CPR and employee training to be present at all times.
  • Medication management: Licensed employees can manage medications.
  • Emergency preparedness: Facilities must develop backup or contingency plans in case medical equipment fails.

If you need more details, you can visit this website.

South Carolina

The Department of Health and Environmental Control (DHEC) regulates assisted living facilities in South Carolina.

  • Licensing: The Healthcare Quality Center provides licensing to assisted facilities.
  • Administrator or director education and training: Administrators should hold an Associate’s degree or higher, have onsite work experience, and pass the required exams.
  • Care staff education and training: Caregivers must complete training on CPR, first aid, and emergency procedures.
  • Staffing ratio: South Carolina requires one staff for every eight residents during peak hours, and one employee for 30 residents during non-peak hours.
  • Medication management: Staff can administer medication as long as they undergo training.
  • Emergency preparedness: Facilities must write an emergency plan.

The DHEC website provides additional references.

South Dakota

In South Dakota, assisted living centers must abide by the regulations set by the Department of Health.

  • Licensing: The DOH is responsible for licensing facilities.
  • Administrator or director education and training: Administrators should be licensed health professionals.
  • Care staff education and training: Employees must undergo a formal orientation program.
  • Staffing ratio: Facilities in South Dakota must have two employees on duty at all times.
  • Medication management: Unlicensed staff must receive training from a registered nurse before administering medication.
  • Emergency preparedness: Facilities must train staff on emergency procedures every year.

You can visit the DOH website for more information.

Tennessee

The Department of Health regulates assisted living communities in Tennessee.

  • Licensing: Facilities must obtain licensing from the Board for Licensing Health Care Facilities.
  • Administrator or director education and training: Administrators must hold a high school diploma and get certification from the Board for Licensing Health Care Facilities.
  • Care staff education and training: Staff must complete in-service training.
  • Staffing ratio: Tennessee doesn't specify staffing ratios.
  • Medication management: Tennessee requires a licensed professional to handle medication.
  • Emergency preparedness: Facilities should prepare written copies of emergency and evacuation plans.

For more details, you can refer to this website.

Texas

In Texas, the Health and Human Services Commission (HHSC) provides the following assisted living regulations:

  • Licensing: The HHSC licenses assisted living facilities.
  • Administrator or director education and training: Administrators in small facilities must have a high school diploma. Those in large communities must hold an Associate’s degree in nursing or a related field.
  • Care staff education and training: Employees must complete four hours of orientation.
  • Staffing ratio: There is no specified staffing ratio in Texas.
  • Medication management: A licensed staff or someone with a medication aide permit can administer medication.
  • Emergency preparedness: Facilities must conduct a risk assessment and develop a written emergency.

This website provides additional information.

Utah

The Department of Health regulates assisted living communities in Utah.

  • Licensing: Facilities must get their licenses from the Office of Licensing.
  • Administrator or director education and training: Administrators must complete a national certification program.
  • Care staff education and training: Employees must undergo orientation.
  • Staffing ratio: Utah doesn't have minimum staffing ratios.
  • Medication management: Only licensed staff may administer medication.
  • Emergency preparedness: Facilities must develop emergency plans and communicate them with state and local emergency disaster authorities.

If you need more details, you can refer to this website.

Vermont

Assisted living residences in Vermont must follow regulations set by the Department of Disabilities, Aging, and Independent Living.

  • Licensing: The Division of Licensing and Protection (DLP) licenses facilities.
  • Administrator or director education and training: The facility manager must have an Associate’s degree in human service and two years of administrative experience in elder care.
  • Care staff education and training: All caregivers must receive training in resident rights, emergency procedures, elder abuse, and other topics.
  • Staffing ratio: Vermont doesn't specify staffing ratios.
  • Medication management: A licensed nurse must supervise medication management tasks.
  • Emergency preparedness: Vermont doesn't have specific requirements for emergency and disaster preparedness.

You can visit the DLP website for more information.

Virginia

In Virginia, the Department of Social Services (DSS) regulates assisted living facilities.

  • Licensing: The DSS oversees assisted facility licensing requirements in Virginia.
  • Administrator or director education and training: Administrators must obtain licensure from the Virginia Board of Long-Term Care Administrators.
  • Care staff education and training: Employees must complete state-specified educational curricula.
  • Staffing ratio: Virginia requires a staff member in each building at all times.
  • Medication management: Licensed individuals or medical aides can administer medication.
  • Emergency preparedness: Facilities must develop a written emergency response plan.

The DSS website includes additional resources for facility owners, residents, and their family members.

Washington

The Department of Social and Health Services (DSHS) oversees assisted living communities in Washington.

  • Licensing: The Aging and Long-Term Support Administration (ALTSA) and Residential Care Services (RCS) provide licensing to facilities.
  • Administrator or director education and training: Administrators must complete department training.
  • Care staff education and training: Staff must undergo an orientation and safety program.
  • Staffing ratio: Washington requires a qualified administrator to oversee the facility at all times.
  • Medication management: Trained staff can administer medication.
  • Emergency preparedness: Facilities must have a current disaster plan, which includes infectious disease outbreaks.

You can browse the ALTSA website for more information.

West Virginia

Facilities in West Virginia must follow regulations set by the Department of Health and Human Resources.

  • Licensing: The Office of Health Facility Licensure and Certification is responsible for licensing.
  • Administrator or director education and training: Administrators must hold an associate degree in a health-related field.
  • Care staff education and training: Staff must complete an orientation and annual in-service training sessions.
  • Staffing ratio: The state requires at least one staff to be present 24 hours per day.
  • Medication management: Only licensed staff may handle medication.
  • Emergency preparedness: Residences should develop an emergency preparedness plan.

If you need more details, you can visit this website.

Wisconsin

The Wisconsin Division of Quality Assurance regulates assisted living residences.

  • Licensing: The Bureau of Assisted Living licenses facilities.
  • Administrator or director education and training: Administrators should hold an associate degree or higher.
  • Care staff education and training: Staff must complete orientation training before work.
  • Staffing ratio: Wisconsin has varying staffing ratios depending on the resident's care needs.
  • Medication management: Licensed nurses or pharmacists can administer medication.
  • Emergency preparedness: Facilities must write an emergency and disaster plan.

This website provides additional resources.

Wyoming

In Wyoming, assisted living facilities must meet the Department of Health's regulations.

  • Licensing: Facilities must obtain their license from the Office of Healthcare Licensing and Surveys.
  • Administrator or director education and training: The facility manager must pass an open book test and have two years of experience working with the elderly.
  • Care staff education and training: Employees must receive orientation and education regarding resident rights, elderly care, evacuation, and emergency procedures.
  • Staffing ratio: Wyoming requires at least one licensed staff to oversee facility operations 24 hours a day.
  • Medication management: Only registered nurses can handle medication.
  • Emergency preparedness: Facilities must prepare written emergency plans and procedures for potential disasters.

You can visit this website for more information.

elder man sitting

Common Violations in Assisted Living Facilities

Below are the common assisted living facility violations you need to understand. Being aware of these can help you avoid them and maintain a compliant environment.

1. Poor Nutrition or Dietary Care

Poor nutrition or dietary care means failing to provide balanced meals or accommodate special dietary needs.

2. Poor Medication Administration

Medication errors are a serious concern in assisted living facilities. This can involve incorrect dosages, missed doses, or improper documentation.

3. Improper Food Handling

Improper food handling can lead to foodborne illnesses, which are especially dangerous for elderly residents. Violations in this area include improper food storage, preparation, and serving.

4. Neglect of Daily Living Care

Neglect of daily living care includes failing to assist residents with basic needs like bathing, dressing, and toileting. This can severely impact their quality of life.

5. Lack of Emergency Preparedness

A lack of emergency programs can put residents at significant risk during crises like fires or natural disasters.

6. Improper Handling of Financial Records

Improper handling of financial records can lead to mismanagement of residents' funds. This includes failing to keep accurate records or mishandling payments.

7. Resident Abuse

This is a severe violation that includes physical, emotional, or financial abuse.

Physical abuse includes pushing, hitting, kicking, or unwarranted restraining of residents, whereas emotional abuse may involve verbal assault.

Financial abuse refers to the unlawful use of a resident’s money or the theft of prized possessions.

Consequences of Non-Compliance in Assisted Living Communities

Failing to comply with state regulations can have severe repercussions for your facility. These include the following:

Legal Penalties

Legal penalties are one of the most immediate consequences of non-compliance. These can include hefty fines, legal fees, and even criminal charges in severe cases.

Reputation Damage

Non-compliance can also damage your facility's reputation. News of violations can spread quickly, which may deter potential residents and their families from considering your establishment.

Financial Implications

Beyond legal fines, non-compliance can lead to financial losses through decreased occupancy rates and increased insurance premiums. You might also face higher operational costs as you work to address compliance issues.

Assisted Living Facility Closure

In extreme cases, non-compliance can lead to the closure of your assisted living facility. This not only affects your business but also displaces residents, which causes significant distress to their family members.

women working on a laptop

How to Monitor Compliance in Assisted Living Facilities?

If you want to avoid the consequences above, you must proactively monitor your assisted living facility. Here are five ways you can do this:

1. Establish a Compliance Program

Having a solid compliance program can be a game-changer for assisted living communities. This involves setting clear policies and procedures that align with state regulations.

You can appoint a compliance officer to oversee these efforts and ensure everyone in the facility understands and follows these guidelines. Don't forget to review and update your program to address new regulatory changes.

2. Stay Informed on Regulatory Changes

Speaking of changes, you must stay updated on any new laws or amendments to maintain regulatory compliance. This is easy to do when you subscribe to industry newsletters, join relevant associations, or network with other facilities in your area.

3. Conduct Regular Audits and Inspections

Regular audits and inspections of your facility can also help you meet compliance requirements.

Digital apps can be used to schedule audits and inspections. These tools allow you to easily review all aspects of your operations, from medication management to resident care. You can also identify and correct potential issues before they become serious violations.

4. Set Up Monitoring and Reporting Systems

It's also important to implement monitoring and reporting systems to track compliance.

You can use software to record compliance activities and generate reports. This helps you identify trends and areas of improvement.

Also, make sure to train your staff on how to report any issues. Then, you must review and address these reports immediately to minimize non-compliance risk.

5. Seek Resident and Family Feedback

Resident and family feedback is invaluable. You must regularly ask for their input on the care and services provided by your facility.

You can use surveys, suggestion boxes, and meetings to gather feedback. Better yet, implement an app like MyCustomerVoice to capture all responses digitally.

MyFieldAudits Can Simplify Compliance Tracking for Assisted Living Facilities

Are you ready to improve your assisted living facility? MyFieldAudits is here to help.

They offer an all-in-one platform that makes it easier to conduct thorough facility inspections. Stay on top of compliance and performance with real-time reports and valuable insights delivered to relevant individuals' email inboxes.

Alongside the software app, MyFieldAudits provides access to an expert team that will handle everything from creating the inspection strategy to configuring the platform. 

They can even train employees, so assisted living communities can focus on capturing the critical data that drives operational excellence.

Schedule a demo today to get started!

Need more information? Contact MyFieldAudits by dialing (844) 344-7265 or sending an email to info@MyFieldAudits.com.

FAQs About State Regulations for Assisted Living

How often are state regulations for assisted living communities updated?

State regulations for assisted living communities are typically reviewed and updated every few years. However, changes can occur more frequently in response to new health and safety standards or emerging issues in elder care.

What should facility owners do if they face a compliance violation?

If you face a compliance violation, you must address it immediately. You should review the violation, take corrective actions, and document the steps. Don't forget to submit a detailed report, including a disclosure form, to the regulatory agency outlining how the issue was resolved.

How can family members or residents verify an assisted living facility’s compliance with state regulations?

Family members or residents can verify a facility’s compliance by requesting the establishment’s licensing history and recent inspection reports. These documents provide insights into the facility’s adherence to state regulations and past violations.

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