Four years after Diane Franklin sustained injuries while a resident at Commonwealth Senior Living’s (CSL) independent living facility, located in Charlottesville, VA, no legislative changes have been made in Virginia that would regulate independent living facilities or help prevent this from happening to others.
Although House Joint Resolution NO. 118, a resolution requesting the Department of Social Services to study regulation of independent living communities, was introduced by Delegate Rob Bell (R-58th) and Senator Creigh Deeds (D-25th), the end result was only a report stating that more studies are needed.
During the past 4 years, Virginia legislators have managed to pass the following bills into law:
HB 1231 (2016): Courts can order any dog that injures or kills poultry to be microchipped
HB 1939 (2017): Hunters can now wear blaze pink apparel during hunting season
HB 1241 (2018): Allows car-washing fundraisers to use biodegradable cleaners
HB 2073/SB 1726 (2019): On-premises licensees can now advertise prices during happy hour
While these 4 examples are not indicative of all the legislation passed, one doesn’t have to dig too deep to find more examples like those above that were passed in lieu of increased regulation of independent living facilities in Virginia.
When properly managed, independent living facilities allow residents to maintain their independence, while enjoying the life-safety benefits provided by the facility. However, the unregulated nature of independent living facilities prevents the Commonwealth of Virginia from taking enforcement and disciplinary action when a facility fails to provide the services it promises to its residents, leaving a vulnerable elderly population at risk.
In 2017, Ms. Franklin’s claim against CSL’s independent living facility resulted from CSL’s failure to perform its daily check-in process for four consecutive days during which Ms. Franklin was completely incapacitated due to a broken bone. During this time she had no food, water, medication or toilet access. Ms. Franklin was discovered by her daughter who coordinated Ms. Franklin’s ambulance transfer to Martha Jefferson Hospital where she received emergency treatment and remained for six days. The claim was investigated by DSS, but because the incident occurred within the independent living portion of the facility, no formal charges were filed against CSL.
More companies are opening unregulated independent living facilities within regulated assisted living facilities. Unfortunately, in these instances, the regulations of assisted living facilities do not apply to independent living. Because of this, the need for regulations and oversight within these independent living facilities is vital. Before an individual places a loved one into an independent living facility, they are encouraged to do their due diligence, using this this tool, provided by the DSS.
Ms. Franklin’s family continues their work to bring light to the independent living industry in Virginia and work towards legislative changes. For more details about Ms. Franklin’s story and the case, please email us at info@commonwealthseniorcare.com.
