Law sets caregiver day minimums and monitoring rules for adult foster homes

The department may not set a limit that allows fewer than the stated number of caregiver service days. This applies to private-pay adult foster homes. A substitute caregiver must meet qualified service provider standards; a respite care provider must be enrolled as a qualified service provider. A day counts toward a limit set by the department only if the caregiver or provider gave resident care for more than 12 hours that day. The 110-day minimum applies during the 12 months after the initial license is issued. The 220-day minimum applies during the 24 months after the initial license’s renewal date.

An adult foster care provider may hire a temporary assistant and may use a nearby electronic device to monitor an unattended resident. These provisions apply to adult foster care providers. The monitoring device must work within a limited range so the provider can remain nearby while ensuring the resident’s safety. A temporary assistant may help with private-pay residents whose physical limitations require more than one provider. Before monitoring begins, the resident must approve it in writing. If the resident is incapacitated, a family member or legal representative must approve it in writing.

The Legislative Management must consider studying adult foster home licensing and report its findings and recommendations. The study must consider service barriers for older adults and adults with disabilities, regulatory challenges, and limits on federal and state funding or reimbursement. The study must include input from the health department, people who need services and their families, residents and their families, facilities, providers, and caregivers. The Legislative Management must report findings, recommendations, and any needed legislation to the 70th Legislative Assembly.