The Legal Requirements Of RCFEs guest post
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The Legal Requirements of RCFEs

RCFEs are a brilliant form of assisted living that gives residents a valued sense of freedom and independence, while also making sure that they are well looked after cared for. Most RCFEs have under six residents in their facilities, meaning that there’s a lot of room for the residents to live a more comfortable and homely lifestyle,  as well as offering personal care that can be more bespoke due to the lack of other residents that need to be cared for.

They’re also relatively inexpensive, and thus are an affordable option for many American families where the elders may not be able to completely look after themselves. They are also incredibly safe due to the mass amounts of regulation they are constantly under. In fact, there are a lot of legal guidelines and parameters that they need to hit, making them an incredibly complex facility to open and maintain. Here is an in-depth look at all the legal ramifications of RCFEs that you need to know.

They are not Medical Facilities

One of the first legal distinctions that people need to be aware of is that RCFEs are not considered medical facilities, meaning that when paying for a resident’s stay at one, it cannot be claimed through medical insurance. It also means that these facilities do not require any nurses, doctors, or anyone with medical experience to be a part of the at-home staff. That does not mean that they’re completely isolated form medical care. Those that work in these facilities are still able to administer medication, and there are still plenty of RCFEs that can cater to those with serious medical conditions such as dementia. However, it does mean that for those living at facilities that don’t have the license to provide medical care, if they do develop a medical condition, they may have to leave the facility and transfer to somewhere else that is better suited to dealing with the issue.

There Are A Lot of Regulations

RCFEs must meet care and safety standards that have been set by the State to ensure resident safety and security. These regulations are licensed by the Department of Social Services, CCL and inspect these homes regularly to ensure that they maintain a good standard of living.

What constitutes as an RCFE is a little tricky to decipher; however, housing complexes, retirement villages, or retirement hotels don’t have to be licensed as RCFEs if they only provide housekeeping, housing, and meals.

RCFEs need a license

Each RCFE needs to be fully licensed by the Department of Social Services. The application process to obtain one of these licenses is far from easy and is a strenuous process with plenty of opportunities to mess up. The problem is, even the smallest mistake in an application can delay the opening of an RCFE by months, and that’s why a lot of people opening RCFEs seek assistance with an RCFE license application and get an experienced professional to complete this step for them.

As well as this application, those wanting to gain a license also need to have at least 3 months operating costs in the bank to get approval, and even with this, the application process can take anything from 4-5 months, and that’s without any issues at all.

Each RCFE Needs an Administrator

An administrator is the most important member of staff on an RCFE as, without one, it won’t be able to operate. There is a lot of work that goes into making sure someone can become an administrator too. To start with, they need to take the DSS-required 80-hour Certification course, and then once that is complete, take the DSS-administered 100 question text within 60 days of completing the course. To pass the test, they need a passing score of 70% as well as pay the fee of the test within 30 days, which isn’t a cheap investment.

However, before an induvial can even take this course, they need to have previous qualifications. The basic requirements are a high school diploma and that they’re over the age of 21. To move into a bigger RCFE with between 16-49 beds, the administrator had to have passed at least 15 college units and have one year of experience working in a care home already. For 50+ bed institutions, two full years at college are required as well as three years’ experience working in an RCFE. These strict requirements are to ensure that each RCFE has only the best type of care available.

Bharat Negi
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