Senior Living Alert: How 2024 State Elections Could Impact Future of Senior Care

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State election outcomes can fundamentally reshape policies governing senior living facilities, as evidenced by how executives such as Gov. Glenn Youngkin of Virginia wielded veto power over industry-specific legislation and how new legislative majorities could shift priorities from lawsuit protection, as attempted in Florida, to staffing requirements, as seen in Georgia. Changes in political leadership also can impact crucial funding decisions for workforce development, facility modernization and assistance programs that help make senior care more accessible and affordable.

With about a week to go, McGuireWoods and McGuireWoods Consulting investigated how election results in competitive districts across five statehouses — California, Florida, New York, North Carolina and Pennsylvania — could create ripple effects throughout the industry. Check back after Election Day for an analysis on how the newly elected officials and shifting legislative majorities could reshape senior living policies.

California

As Election Day inches closer, the state’s high cost of living and housing affordability remain at the forefront of voters’ minds. With propositions on the ballot addressing local rent control and minimum-wage increases, candidates must prioritize affordability issues to run successful campaigns, particularly at the intersection of housing and healthcare.

Several candidates have gone beyond general affordability concerns to specifically address the needs of California’s senior population. In Los Angeles County, Laura Richardson, a candidate for California State Senate, has pledged to secure “enhanced funding for senior programs and services,” recognizing the vital role seniors play in local communities. During her tenure in Congress, Richardson focused on improving healthcare access and increasing safeguards for vulnerable seniors.

In the Palm Springs area, incumbent state Sen. Rosilicie Ochoa Bogh is touting her success securing $5.25 million in funding for long-term care ombudsman programs as part of her reelection campaign. This funding will directly support advocacy efforts for residents of long-term care facilities.

In the California State Assembly races, Tara Sreekrishnan, potentially the first Hindu woman to serve in the chamber, is running in a district in Santa Clara. Her agenda includes increasing resources for long-term care planning and supporting the development of affordable housing and programs specifically designed for seniors.

Florida

As Florida Senate races approach the final stretch, the impact of recent legislation on the state’s large senior population remains a relatively muted issue, despite the state’s reputation as a retirement haven. While most candidates have avoided directly addressing senior living facilities in their campaigns, a few notable exceptions stand out.

In Florida State Senate District 7 situated between Jacksonville and Daytona, Rep. Tom Leek of District 28 is running for the senate seat. Although the campaign rhetoric has not specifically touched on senior living facilities, Leek voted in favor of HB 21, a bill that the Florida Health Care Association cautioned could harm eldercare, as evidenced by the repeal of certificate of need requirements in other states. A similar situation unfolds in District 9 south of Gainesville, where Rep. Stan McClain of District 27, who also supported HB 21, is running for that seat.

In the district north of Fort Myers, Sen. Ben Albritton, known for his past attempts to reduce the required nursing hours for long-term care residents, faces a reelection bid. Notably, his opponent has not addressed the issue of long-term care in their campaign.

New York

Assisted care facilities and the industry similarly are not a prominent issue in New York’s state legislative races.

However, Sen. Bill Weber, seeking reelection in District 38 in the Hudson Valley, highlighted his accomplishments, including his record on seniors and hosting the annual Senior Fair, where 1,250 seniors and caregivers connected with resources spanning healthcare, senior living and estate planning and enjoyed features such as the DMV Mobile Unit and senior-friendly games. His opponents remain silent on this topic.

Also in the Hudson Valley, District 39 Sen. Rob Rolison wrote a letter to the editor to promote his sponsored legislation — improvements to state-level agencies to better serve seniors — in his reelection bid. Sen. Pete Harckham in District 40, who previously advocated for a slate of bills related to nursing homes, also seeks reelection.

On the other side of the house, state Assemblyman Ron Kim of District 40 in Queens is the chair of the Standing Committee on Aging and is up for reelection. However, he has not made senior living facilities a central focus of his campaign. Additionally, Ronald Diz, who is running for an open seat in District 96, which includes parts of Rockland County, has dedicated a section of his platform to advocating for increased access to housing options for seniors, including assisted living facilities, by leveraging county and federal resources.

North Carolina

Opposite of New York, North Carolina Democrats are striving to chip away at the Republican supermajority, aiming to flip just one seat in either chamber. Despite the presence of nine competitive races for the state House of Representatives and five for the North Carolina Senate, the senior living industry has been notably absent from campaign discussions. None of the candidates specifically have mentioned assisted living facilities on their websites or the campaign trail.

Pennsylvania

The Pennsylvania General Assembly is operating with a different dynamic, as Republicans control the Senate while Democrats hold the majority in the House. This split in power is likely to shape the legislative agenda and influence the passage of bills related to various sectors, including senior living facilities.

In Allegheny County, incumbent Rep. Arvind Venkat, an emergency physician, seeks reelection. As a member of the House Committee on Aging & Older Adult Services, Venkat previously sponsored HB 2320, a bill that addressed the issue of delayed Medicaid application processing in long-term care facilities. The proposed legislation sought to establish clear timelines for the review process and allow for interim reimbursements to providers during extended pendency periods, reducing the financial risk they face while caring for vulnerable senior citizens. Despite its potential benefits, the bill did not advance beyond the committee stage.

Another notable figure in the senior living facility legislative landscape is the former chair of the Committee on Aging & Older Adult Services, Rep. Gary Day (R-187), who is running for reelection in a district that leans Republican. While these two legislators have demonstrated an interest in issues affecting long-term care facilities, it is important to note that no other significantly competitive races in Pennsylvania focus on this industry as a central topic in their campaigns.

Conclusion

As the 2024 elections approach, the legislative landscape for senior living facilities remains complex, with each state facing unique challenges and priorities. While some candidates have incorporated senior care issues into their platforms, the topic has not been a central focus in most competitive races. However, the election outcomes will shape the future of the senior living industry, as newly elected officials and shifting legislative majorities can introduce and champion bills that directly impact the sector.

Beyond the state level, the U.S. Congress and the president of the United States will also play a crucial role addressing nationwide concerns, such as staffing shortages and the allocation of federal resources. No matter the election outcomes, stakeholders must engage with policymakers at state and federal levels to ensure the needs of the industry are addressed adequately.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

© McGuireWoods LLP

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