State health board passes heavier fines for assisted living abuse cases
This week, the Colorado Board of Health made the necessary move to protect the some of the most vulnerable members of our society – the elderly residents in assisted-living facilities.
In a unanimous vote, the board adopted new, stricter regulations that will significantly increase fines for facilities found responsible for preventable deaths or serious neglect or abuse of residents.
This decision, which was 18 months in the making, comes after a state law was passed on May 25, 2022, and signed by Governor Jared Polis just eight days later. Under this new rule, which will take effect in January, facilities can now be fined up to $10,000 per incident for severe deficiencies that lead to the death or serious harm of residents. And in cases of particularly egregious circumstances, the fines can go even higher.
This change is a crucial step towards holding assisted-living facilities accountable for their actions and the well-being of their residents.
Currently, facilities can only be fined a maximum of $2,000 per year, no matter how severe or frequent their violations may be. This absurd system, as one national advocate for assisted living residents and their families has called it, offers no real consequences and no incentive for facilities to improve their conditions.
Thankfully, this injustice has not gone unnoticed.
Other elder care advocates have also spoken out against the lack of accountability in the wake of tragedies, emphasizing the need for meaningful penalties to drive improvements in care. The Gazette, in particular, has published a series of stories this year, exposing preventable deaths at long-term care facilities and the lack of consequences that followed.
There have been at least 110 deaths at Colorado assisted-living facilities classified as "unexplained or suspicious" between January 1, 2018, and October 28, 2022.
However, this is likely an undercount, as three dozen additional deaths that were not reported by facilities or classified differently in state records.
Even more concerning is the fact that, in some of the worst cases, facilities received a mere slap on the wrist – a zero-dollar fine – despite their failures leading to the deaths of residents.
In one instance, a resident with dementia was found frozen to death after being missed during safety checks. In another, an elderly resident died after not receiving his medication for nine days, and yet, the facility faced no consequences. This inability to hold facilities accountable for their negligence is simply unacceptable.
Senator Jessie Danielson, a Democrat from Jefferson County, initially proposed a bill in 2022 that would have removed all caps on fines, aiming for maximum accountability. However, faced with strong opposition from the assisted-living industry, she ultimately revised the legislation to include a maximum fine of $10,000 for the most severe violations.
The law also allows for higher fines in cases of extreme negligence, although the exact circumstances for such a penalty are unclear.
Despite pushback from the industry, which expressed concerns about potentially unlimited fines and subjective enforcement, the board is confident in its decision to approve these new regulations.
Janet Cornell, speaking for the Colorado Assisted Living Association, voiced her worries about the lack of boundaries, while Sherrie Bonham of Applewood Our House in Lakewood requested a delay in implementation for educational purposes. However, the board reassured both parties that there is an appeal process in place for facilities and that leniency will be given to those making efforts to correct issues or have a good track record in compliance. The goal is not to immediately punish facilities, but rather to encourage them to do better for their residents.
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Senator Danielson expressed her satisfaction with the new regulations, praising the efforts to protect those in assisted-living facilities. "It's been a long road, but I'm glad that the state is finally using this law to help those who need it most," she told media outlets.
In a society where the most vulnerable members often fall through the cracks, it is a reassuring sight to see that the Colorado Board of Health is taking steps to ensure the safety and well-being of elderly residents in assisted-living facilities.