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March 24, 2021

Assisted Living Licensure Rules Report Deadline Extended

The Department of Health’s proposed rules governing assisted living facilities are pending before Administrative Law Judge (ALJ) Ann O’Reilly. We anticipated that ALJ O’Reilly would issue her Rule Report last week. Instead, Chief Administrative Law Judge Jenny Starr issued an order extending the deadline allowing until Monday, March 29, to complete the Rule Report.

An extension for review is not a surprise based on the volume of comments and filings, which, according to Chief Judge Starr’s Order, is why the extension was granted. The delay in the rules report leaves some questions unresolved that may be addressed through the rule but does not change any of the statutory deadlines, including the deadline for assisted living applications of June 1 and of implementation of licensure on Aug. 1.

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