Our focus shifts to senior living and healthcare standards with a new law strengthening protections for individuals with cognitive decline. House Bill 3328, effective January 1, 2026, amends the Assisted Living and Shared Housing Act to mandate that all prospective residents undergo a specific cognitive assessment prior to admission.
The goal of this law is to ensure that residents with Alzheimer’s disease or related dementias are not inappropriately placed in facilities that lack the specialized staffing, training, and safety measures required to meet their unique needs.
Key Requirements of the Mandatory Dementia Assessment
This new provision creates a clear, documented process that facilities must follow before accepting any new resident:
1. Pre-Admission Assessment is Mandatory
Facilities licensed as assisted living or shared housing establishments must ensure every individual resident is assessed for cognitive impairment prior to acceptance for residency.
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Why it matters: This formalizes the process, preventing facilities from overlooking signs of dementia and accepting residents whose care needs may be beyond the scope of a standard assisted living environment.
2. Expert-Approved Tools Required
The assessment must be conducted using tools that are approved or recommended by recognized Alzheimer’s and dementia care experts.
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Tool Validation: The law specifies that these tools must be validated for accurately identifying and evaluating cognitive impairments related to Alzheimer’s disease and other forms of dementia. This prevents the use of generic, unreliable questionnaires.
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Continuous Review: These assessment tools must be reviewed and updated regularly to align with current best practices and clinical standards in dementia care.
3. Ongoing Physician Approval
The initial assessment must be approved by the resident’s physician and must be performed again annually and at any time a significant change in the resident’s condition is identified by family members, facility staff, or their physician.
Focus on Specialized Care
HB 3328 also reinforces existing requirements for facilities that advertise or offer a special program or unit for persons with Alzheimer’s and related disorders:
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They must fully disclose the details of their special care program to the Department of Public Health and to the resident’s representative.
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They must implement clear policies and procedures to ensure the continued safety of all residents, especially those who may have a tendency to wander.
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