About PALCA

Overview of Regulations for Assisted Living in PA

Before 2007, Pennsylvania law recognized only two types of licensed residential entities for long-term care: nursing homes and personal care boarding homes. The law holds nursing homes to significantly higher facility standards than personal care homes as the acuity of the residents and the complexity of their needs requires this. Personal care homes have historically had insufficient regulations to meet the needs of their residents, who by law can only need assistance with some of their activities of daily living and instrumental activities of daily living. New standards for personal care homes were adopted in 2005 bringing the requirements closer to what the needs of residents necessitate. Neither of these settings are home-like settings. And, consumers want living units that are more like independent apartments than like hospital rooms or overcrowded college dorm rooms.

In July 2007, the Pennsylvania General Assembly passed a bill to license the fast-growing assisted living industry. The new law, however, did not clearly establish what standards apply to assisted living. The Pennsylvania legislature had questions of residents’ rights, staff qualifications, fire and safety codes and physical plan configuration, for example, to be established in state regulations.

State regulation in Pennsylvania follows a complex process that involves proposals and reviews through various agencies and committees, including the Department of Public Welfare (DPW), which will license and regulate assisted living facilities. A workgroup appointed by DPW Secretary Estelle Richman has been meeting regularly in Harrisburg since October 2007 to try to advise the Department in crafting the regulations. Several organizations participating in PALCA were appointees to the state workgroup.