Bill
HB 813
Requires annual registration and disclosures for nonlicensed registered residential facilities that arrange personal care, clarifying limits and oversight.
Status & Effective Date
- Enacted bill (texted as First/Edition 1). Key operative date in the bill: effective January 1, 2026 (for changes to Part 1 of Article 1, Chapter 131D).
- Directs follow‑up rulemaking by the Medical Care Commission.
Purpose / Intent
- Clarify statutory terminology and strengthen oversight of certain nonlicensed housing models that arrange personal care services (previously called “multiunit assisted housing with services”).
- Make clear these residences are distinct from licensed adult care homes and to improve consumer disclosures, registration, and enforcement.
Key provisions
- Terminology and definitions
- Replaces “multiunit assisted housing with services” with the new term “registered residential facility.”
- Revises the definition of “assisted living residence” to exclude registered residential facilities so the public understands they are not equivalent to licensed adult care homes.
- Adds a statutory definition for “registered residential facility”: a nonlicensed residence for two or more unrelated adults where housing management arranges for licensed home care or hospice agencies to provide hands‑on personal care and nursing via individualized written care plans.
- Registration and disclosure
- Requires annual registration (submission of a disclosure statement) to the Division of Health Service Regulation.
- Mandates that the disclosure statement be included in the annual rental/lease contract and describe: emergency response system; charges for services; tenancy/service limitations; resident responsibilities; financial/legal relationships between housing management and home care/hospice agencies; list of providers and community services; appeals process; and procedures for initial and annual resident screening and referrals.
- Residents not to be cared for
- Expands and clarifies the list of conditions/care needs that registered residential facilities must not serve (unless a physician certifies a temporary exception or home care/hospice agency manages care). Examples include ventilator dependency; stage III/IV pressure ulcers (with limited exception); continuous IV therapy (with limited exception); certain infectious diseases requiring isolation; use of psychotropic medications without appropriate plans; nasogastric tubes and most gastric tubes (exceptions); need for continuous licensed nursing care; individuals meeting Medicaid nursing facility level‑of‑care criteria; etc.
- Enforcement and oversight
- Authorizes the Department of Health and Human Services (DHHS) to seek injunctive relief or other judicial process against facilities operating without approved registration.
- Directs the Medical Care Commission to adopt rules establishing standards and procedures for registration, inspection, and taking adverse administrative actions against registered residential facilities.
Who is affected
- Operators / housing management of unlicensed residences that arrange personal care services (will need to register and meet disclosure/operational standards).
- Licensed home care and hospice agencies that contract with such housing.
- Current and prospective residents and their families (improved disclosures and clearer limits on care provided).
- DHHS, Division of Health Service Regulation, and the Medical Care Commission (increased regulatory responsibilities).
Anticipated impacts
- Consumer protection: clearer labeling, better informed tenancy decisions, and stronger enforcement tools to address unregistered or noncompliant facilities.
- Provider compliance: operators may face administrative and operational costs to meet registration, disclosure, care‑eligibility rules, and inspections.
- Health system: tighter exclusion criteria may require relocation or higher‑level care for residents with greater medical needs; licensed home care/hospice agencies may see changes in referral patterns.
- Fiscal impacts are not specified in the bill text; effects on state administrative costs and provider expenses are likely but indeterminate.
Procedural / Timeline notes
- Registration is annual; disclosure must be part of the rental contract.
- Medical Care Commission rulemaking required (timing set by the Commission and normal administrative procedures).
- Effective January 1, 2026 (bill text).
Compiled from official sources — confirm details with the bill’s official record.
Sign in to ask a question.
