It’s estimated that there are over 30,000 independent living communities in the United States. When these communities work well, they not only provide care for seniors but also provide a fantastic environment in which they can enjoy their retirement years.
Unfortunately, in the past, there have been cases of abuse surrounding the care of elders. That’s why eldercare law is so important. These laws set forth independent living regulations that stipulate how these communities operate.
So what agency sets these regulations? And what should you do if you notice that regulations aren’t being followed? In this guide, we’ll answer these questions so you can understand the role independent living regulations play in eldercare law.
What Agency Regulates Independent Living Communities?
Regulating independent living communities doesn’t fall on the federal government’s shoulders. As such, it’s up to state agencies to provide the needed regulation.
Typically, this agency will be the Department of Health and Safety in the state agency. If an independent living community follows all of the regulations listed by the state department, then they’ll receive a license to operate.
If the community doesn’t have this license, it’s illegal for them to provide a care community to their residents.
Independent Living Regulations in the State of Indiana
As we mentioned, since the federal government doesn’t regulate independent living communities it falls on the state government. As such, from here on out we’ll discuss regulations about Indiana state law.
The guidelines for independent living regulations and policy fall under the Department of Human Services in Indiana.
In order to care for seniors and get their licenses, independent living communities must follow a set of regulations. In this section, we’ll be exploring these independent living protections in more detail.
Resident Agreements and Disclosure
When someone moves into an independent living community, they receive a written admission contract. This document outlines what services they’ll receive, the fees/costs, any refund policies, and their rights as residents.
For communities that care for individuals with Alzheimer’s or other dementias, there are additional requirements.
They need to clearly communicate their mission, the specific services offered, any extra fees for specialized care, and how staff are trained to support these residents.
Admission and Retention Policies
It’s important for independent living communities to only admit residents whose care needs they can actually meet. If someone requires continuous nursing care, they can only stay if they’re also getting help from a licensed hospice or home health agency.
Discharge can happen for various reasons, including medical issues or if a resident poses a risk to themselves or others.
Services Provided and Care Planning
Independent living communities provide supervised personal care, which means they assist residents with daily activities like eating, bathing, and taking medications.
Each resident works with the staff to create a personalized care plan that reflects their unique needs and preferences.
This plan is reviewed and updated at least once a year or whenever there’s a significant change in health. Additionally, residents can access services from licensed hospices or home health agencies if needed.
Staffing and Training
Every community needs to have an administrator and a designated care supervisor on duty during each shift to ensure residents are safe and well cared for.
While there aren’t strict rules about how many staff members are required for a certain number of residents, it’s crucial that there are enough trained staff available to meet everyone’s needs.
Administrators also take on the important job of training staff on essential topics, safety practices, and residents’ rights.
Room and Unit Provisions
Independent living communities must provide comfortable living arrangements, which can include both single and shared rooms, along with adequate bathrooms based on the number of residents.
Keep in mind that your room will be smaller than your house, so you will need to downsize. However, there aren’t specific guidelines for how to care for residents with dementia, which is something that could need more attention in the future.
Compliance and Background Checks
To ensure a safe environment, staff members must undergo criminal background checks, including state and FBI fingerprinting.
The Bureau of Children and Adult Licensing conducts annual inspections to make sure these homes comply with state regulations. If you want to learn about the status of their latest inspection, you can contact them through your state department.
What Should You Do If Regulations Aren’t Being Followed?
When visiting some communities you might notice that some of the regulations listed in this article weren’t being followed. Some of these might be minor things, like the rooms and common spaces aren’t very clean.
Others might be far more serious, like care isn’t being provided or, worse, abuse is occurring. If you notice any of these things, you need to contact Adult Protective Services to get legal support for seniors.
This is an important part of protecting elderly rights. You can do this by going to the Adult Protective Services website and selecting Indiana.
From there, it will provide you with all the relevant contact information for finding resident rights advocacy and eldercare legal services.
How to Find the Best Independent Living Community
It’s important to remember that just because an independent living community is following regulations doesn’t mean it’s the best option. You want a community that goes above and beyond the bare minimum.
The best way to get a real sense of a community is to take a tour of it. While taking the tour, make sure to ask essential questions to get a better sense of the space. Pay attention to things like:
- How clean is the community?
- Is the staff friendly?
- Is the food good?
- Are there lots of activities to do?
- Can they provide the care your loved one needs?
If you aren’t sure whether or not a community is right for you, keep looking.
Need a Community That Adheres to Eldercare Law? Check Out GreenTree at WestWood
We hope this guide helped you learn more about independent living regulations. Here at GreenTree at Westwood, we take the regulations associated with eldercare law.
That’s apparent in every aspect of our community, from the trained, friendly staff to comfortable, spacious rooms. However, don’t take our word for it. Come visit our community to learn more about how we can help you.
