ESAAL Applauds New Law to Expand Seniors' Access to an Enhanced Assisted Living Residence (EALR)

CLIFTON PARK, NY (08/16/2010)(readMedia)-- The Empire State Association of Assisted Living applauded Governor Paterson today for signing into law a measure that will allow seniors to be directly admitted into a certified Enhanced Assisted Living Residence (EALR) from outside the assisted living environment. Both Houses of the New York State Legislature passed the measure in June.

Currently many assisted living residences can accommodate seniors even though their needs surpass the traditional admission/retention criteria for the adult home/enriched housing program/assisted living residence. Through a certification known as the Enhanced Assisted Living Residence (EALR), individuals can reside in an assisted living residence even if they need assistance with walking, transferring, descending stairs, or operating medical equipment. In some cases, the EALR also authorizes the assisted living provider to use their own licensed or registered nursing staff to provide services.

"Until today, it was unclear whether New York State law allowed residents who do not currently live in an assisted living residence to access the services offered in an EALR" said ESAAL Executive Director Lisa Newcomb. "Seniors hoping to move into an assisted living residence from home, rehabilitation unit or another residence will now be able to take advantage of the EALR. Otherwise, seniors would have been forced into institutionalized care, such as a nursing home, even though they would be just as safe and feel more at home in an assisted living residence. Not only is this unfair, it is very costly. Nursing-home care in New York costs three times as much as assisted living care."

The new law clarifies that a senior may either be "admitted to or remain in" an EALR, so long as he or she can be safely and appropriately cared for at the facility. The 2004 law authorized senior residents to "remain" in an EALR, but inadvertently omitted authorization for seniors to be directly admitted into an EALR from the community.

"There is no reason to deny a senior who is living in the community direct access to an EALR, and prematurely force them into a nursing home when they do not require complex skilled nursing services," said Newcomb. "New York's seniors want a choice. They should be able to receive the assistance they need in the least-restrictive setting possible and avoid nursing home placement unless it is medically necessary. This bill gives all seniors the option and choice of residing in an EALR, so long as the facility is able to accommodate their needs."

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The Empire State Association of Assisted Living (ESAAL) is a not-for-profit organization that since 1979 has been dedicated to strengthening New York State's assisted living industry and promoting the best interests of providers and residents. It is the only association that exclusively represents the assisted living industry, serving more than 240 Assisted Living Residences, Adult Homes and Enriched Housing Programs throughout New York. These member residences are home to more than 20,000 seniors.

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