Photo: Brookdale Assisted Living Center in Hockessin Delaware.
Hearing in Dover explores disclosure rules, financial stability requirements, and possible legislation affecting senior care facilities statewide.
DOVER, Del. — Delaware lawmakers on Wednesday examined emergency accountability and ownership transparency at assisted living facilities during a legislative hearing prompted in part by the evacuation of the Harmony at Kent facility, raising questions about who is responsible for resident safety when emergencies occur and whether the state should require clearer disclosure of corporate ownership.
The hearing, organized by the Delaware House Health & Human Development Committee and chaired by Rep. Kerri Evelyn Harris, brought together regulators, industry representatives, advocates and family members to discuss how assisted living centers are owned, operated and regulated across the state.
Complex ownership structures raise transparency concerns
Another major focus of the hearing was the corporate ownership structures behind assisted living facilities.
Participants said many facilities are owned through multiple layers of limited liability companies that separate the real estate owner, management company, and operating entity. Lawmakers and advocates said those arrangements can make it difficult for families — and sometimes regulators — to determine who ultimately controls a facility and who is accountable when problems arise.
Some lawmakers suggested requiring assisted living facilities to disclose parent companies, management firms, and property owners so that regulators and the public can better understand who is responsible for care and operations.
Emergency accountability at the center of the discussion
Much of the conversation was driven by concerns surrounding the evacuation earlier this year at Harmony at Kent Assisted Living. Lawmakers said the incident highlighted questions about how responsibility is assigned when a facility faces unsafe conditions or must relocate residents quickly.
Several legislators questioned how quickly operators must communicate with families and state officials when safety conditions deteriorate and whether emergency operations plans should clearly identify the responsible ownership entity.
Previous reporting by Delaware LIVE documented that the leadership team at Harmony at Kent had a plan, acted quickly during the evacuation, coordinated with community officials and that no residents were injured during the incident. Lawmakers noted, however, that the situation raised broader policy questions about ownership accountability and communication responsibilities during emergencies.
Read more about Harmony at Kent: Community rallies after emergency evacuation of Harmony at Kent senior living center | Delaware LIVE News
Financial stability of operators discussed
Lawmakers also discussed whether Delaware should require assisted living operators to demonstrate financial stability before opening or transferring ownership of a facility.
Some legislators raised concerns that under-capitalized ownership groups could contribute to sudden closures or unsafe conditions if facilities are unable to maintain adequate staffing, maintenance or emergency preparedness.
Potential policy changes discussed included minimum financial reserve requirements for operators and requiring state review of ownership transfers, similar to rules already in place for nursing homes.
Possible legislation and next steps
No legislation was introduced or voted on during the hearing. However, lawmakers indicated the discussion could lead to policy proposals later this year.
Ideas discussed included mandatory ownership disclosure filings, penalties for failing to report ownership changes and the creation of a publicly searchable database identifying the companies behind assisted living facilities operating in Delaware.
Lawmakers also suggested the possibility of additional hearings or the formation of a working group involving regulators, operators and advocates to develop recommendations for improving oversight of assisted living facilities in the state.
Supporters of stronger oversight said clearer transparency and accountability rules would help families better understand who is responsible for the care of residents, while industry representatives cautioned that any reforms should balance oversight with the operational realities of senior care providers.
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This post was originally published on Delaware LIVE
