Pinkowski Law & Policy Group LLC

The lawyers at Pinkowski Law are not your typical lawyers. We have broad-based backgrounds that give us a higher level perspective to help our clients solve problems. There's also a reason the word "Policy" is in our firm name. We do more than apply the law. We help shape it.

We also find ways to have fun and adventures along the way 😉

You can find out more about Michelle's story here:

Why I was hiking in Sri Lanka .... and why it makes me a better lawyer I have the ability to go into any situation with any number of parties in any environment and help solve problems. This isn’t bragging.

⏰2026 FGI Comment Period Open til Sept 30th⏳

Colorado ALR owners - The proposed 2026 FGI design criteria are open for comment until the end of the month. We strongly suggest that you review the proposed changes and submit comments.

Currently, the 2018 FGI criteria are required in Colorado. CDPHE is expected to adopt the 2022 FGI version next year. But the 2026 criteria could be adopted in the future.

There are several areas of concern for small ALRs in the 2026 version. Please reach out to us if you have questions or want help submitting comments.

Remodeling Delays can cause license problems in assisted living.

How to Avoid a Notice of Invalid License - Remodeling — Pinkowski Law & Policy Group, LLC How to Avoid a Notice of Invalid License - Remodeling

I am happy to say that 70% of the attendees of my presentation at the RCFE RAL convention in Anaheim have reached out for more information.
It's good to know we can help.

Michelle provided a great overview of the change in the laws in Colorado and what that means for assisted living operators.

No more occupancy limits in Colorado….?, Wed, Jun 26, 2024, 7:00 PM | Meetup **\*\*Well, it's happened!\*\*** Colorado Governor Jared Polis signed HB24-1007 into law, prohibiting local governments from imposing occupancy limits based on family stat

I felt like you would want to know - Colorado Governor Jared Polis signed HB24-1007 into law, prohibiting local governments from imposing occupancy limits based on family status.

Michelle Pinkowski, Esq. will be talking about this in the Denver ALR Meetup Group this Wednesday.
Sign up here.

She will discuss how Colorado's new law may impact your ability to increase the occupancy of your home. And even if you're not in Colorado, this presentation will help you better understand how zoning and fair housing, and how laws at the federal and state level, can be used to help you create more assisted living beds.

Under HB24-1007, the Colorado General Assembly declared that increasing housing availability is a matter of state and local concern. It is now illegal for local governments to limit the number of people who may live together in a single dwelling based on familial relationship. And if any number of unrelated people can live in a single family home, then guess what? The number of people who want to live together in a group home also should be unlimited!

Sign up for the Meetup group using this link.

I look forward to seeing you on Wednesday!!

No more occupancy limits in Colorado….?, Wed, Jun 26, 2024, 7:00 PM | Meetup **\*\*Well, it's happened!\*\*** Colorado Governor Jared Polis signed HB24-1007 into law, prohibiting local governments from imposing occupancy limits based on family stat

Recent changes to Colorado’s assisted living regulations have made the Informal Dispute Resolution (IDR) process more appealing as a first option in challenging deficiency findings. These changes, coupled with increased penalties imposed by the Colorado Department of Public Health and Environment (CDPHE), make it crucial to understand what to expect from the IDR process.

What to Expect from the Informal Dispute Resolution (IDR) Process: A Guide for Assisted Living Operators — Pinkowski Law & Policy Group, LLC Recent changes to Colorado’s assisted living regulations have made the Informal Dispute Resolution (IDR) process more appealing as a first option in challenging deficiency findings. These changes, coupled with increased penalties imposed by the Colorado Department of Public Health and Environment ...

Three Cheers!!!

We are happy to note that ChatGPT often refers to our blogs when answering questions about assisted living in Colorado.

Keeping the paperwork tidy, makes things easier in the long run.

Voluntary Discharge from Assisted Living In Colorado — Pinkowski Law & Policy Group, LLC Recent changes to assisted living regulations in Colorado have added requirements for involuntary discharge of residents. Creating a voluntary discharge form for a resident to depart from and end services at an assisted living residence in Colorado should include several key elements to help law enf

Is it two? or Three residents? When do you need an assisted living license in Colorado.

When Do You Need an Assisted Living License in Colorado? — Pinkowski Law & Policy Group, LLC Pinkowski Law & Policy Group specializes in addressing critical health law issues within the assisted living community in Colorado. In a recent article Pinkowski Law sheds light on a common but crucial misunderstanding regarding the resident capacity requirements for obtaining an assisted living

New assisted living penalties in Colorado will lead to more legal challenges.

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New Regulations, and a New Look at the Informal Dispute Resolution Process — Pinkowski Law & Policy Group, LLC New assisted living regulations and new penalty structures revive the important of Informal Dispute Resolution ("IDR") in Colorado assisted living communities.

Freedom to live where you want.

Michelle Pinkowski spoke at the Residential Assisted Living National Association, monthly meetup (her part starts at 25:30) on the important tools available to assisted living owners to give their residents the freedom to continue living in residential communities.

Check out the May 2024 replay here. (Membership is free.)

Join Now for the RALNA Meetup Archive Get Access to RALNA Meetup Archive Join RALNA! It’s Free. Get on demand access to all RALNA meetup events plus regular invitations to upcoming RALNA sponsored Meetups. Membership is free! All you have to do is sign up. Join Now for Free Sign up for free to unlock this content

"If I can't have you, no one can!"

I spoke at the Residential Assisted Living National Association, monthly meetup (my part starts at 14:29) on important changes that might help assisted living caregivers feel more in control of their lives.
Caregivers are important and we should foster their willingness to provide care.
Check out the May 2024 replay here. (Membership is free.)

Join Now for the RALNA Meetup Archive Get Access to RALNA Meetup Archive Join RALNA! It’s Free. Get on demand access to all RALNA meetup events plus regular invitations to upcoming RALNA sponsored Meetups. Membership is free! All you have to do is sign up. Join Now for Free Sign up for free to unlock this content

You need to know your rights before APS comes to your door.

How to Handle an APS Investigation — Pinkowski Law & Policy Group, LLC Healthcare lawyers, APS investigations, Adult Protective Services

How to manage an involuntary discharge from an assisted living residence.

How to Manage an Involuntary Discharge in Colorado Assisted Living Residences. — Pinkowski Law & Policy Group, LLC How to manage an involuntary discharge from an assisted living.

Looking to reduce your FGI plan review time? (Post 4)

FGI plan review currently is projected to take 4 - 5 months. New ALRs also have to have a Life Safety Review, which takes about 4 months. It's best to have these review periods run concurrently to reduce time.

Also keep in mind that the pre-licensure compliance review survey takes 4 - 5 weeks.

Increasing staff mobility in assisted living.

www.pinkowskilaw.com/assisted-living-blog/2024/4/23/new-ftc-regulation-on-non-compete-clauses-impacts-on-the-assisted-living-business

Lawyers for the Assisted Living Industry

Federal Regs on Noncompete agreements affect assisted living. — Pinkowski Law & Policy Group, LLC Lawyers for assisted living, Assisted living lawyers

Looking to reduce your FGI plan review time? (Post 3)

In Colorado, double occupancy rooms must allow 60 square feet per person. However, according to CDPHE FGI reviewers, a room that is only 120 square feet probably will not be big enough to comply with FGI requirements. The Guidelines say that each resident must have access to certain room features, like windows. But when accessing these features, they cannot encroach into the 60 sf of space reserved for the other resident.

Make sure your design check the 2018 FGI requirements closely. Call us if youhave any questions.

No more occupancy limits in Colorado!

Well, it's happened! Colorado Governor Jared Polis signed HB24-1007 into law, prohibiting local governments from imposing occupancy limits based on family status.

Under the HOME ("Harmonizing Occupancy Limits Equitably") Act, the Colorado General Assembly declared that increasing housing availability is a matter of state and local concern. It is now illegal for local governments to limit the number of people who may live together in a single dwelling based on familial relationship. And if any number of unrelated people can live in a single family home, then guess what? The number of people who want to live together in a group home also should be unlimited!

A local government may impose restrictions based on "demonstrated health and safety standards, such as international building code standards, fire code regulations, or Colorado Department of Public Health and Environment wastewater and water quality standards."

How local governments respond to this new law remains to be seen, but we are very hopeful that this will allow Colorado assisted living providers to help meet the growing need for available quality care.

Contact us if you'd like to discuss how this affects your assisted living or group home in Colorado.

Looking to reduce your FGI plan review time? (Post 2)
One of the best ways to reduce your plan review time is to make sure your submission is as accurate as possible. CDPHE reports that questions between reviewers and applicants stemming from noncompliant designs have increased drastically recently and it's not uncommon to have 6 to 7 back and forth cycles (compared with 3 to 4 before). Every back and forth cycle costs you time and money.

Make sure your designer is using the 2018 version of the FGI Guidelines and follows the requirements. There are ways to request waivers, but unless you have one, you have to follow the guidelines as written.

Call us if you have questions.

Are occupancy limits about to be a things of the past in Colorado?

This depends on what will Colorado Governor Jared Polis will do with HB 24-1007. The bill prevents a local government from limiting the number of people who can live together in a single dwelling based on family relationship.

If signed, this could result in more housing for people with disabilities, as group home owners and operators often struggle with zoning occupancy restrictions.

(Permissible occupancy limits could be based on demonstrated health and safety standards set by building and fire codes or other public health requirements.)

Stay tuned for updates .....

Looking to reduce your FGI plan review time? (Post 1)

Colorado regulations require that assisted living facilities submit signed architectural drawings with their FGI plan review request. But small assisted living homes have a courtesy exemption to this requirement and many small ALR owners are submitting hand drawn drawings. HOWEVER, you need to make sure that you provide drawings with accurate measurements. If not, this will significantly delay how long it takes to get your license.

We recommend spending the money to get professional drawings with accurate measurements.

Should I report my partner to the government?

How to Report Misconduct in Nursing Homes, Assisted Living, and Home Health Care: A Guide to Navigating Duties and Legal Protections — Pinkowski Law & Policy Group, LLC Navigating the complexities of addressing misconduct within nursing homes, assisted living facilities, and home health care environments, especially among business partners, presents distinct challenges. The responsibility to ensure patient safety and high-quality care often necessitates action agai

Good news for those dedicated to providing for our seniors.

"Although the size of the Middle Market is doubling by 2033, the size of the high income senior population is almost quadrupling. Thus, RALA’s model will be strong for the next 7 years because you can compete."

It starts at 6:38minutes in.

After the introduction to the Middle Market, I encourage you to watch the discussion amongst 4 successful women leading the industry. Worth every minute.

Join Now for the RALNA Meetup Archive Get Access to RALNA Meetup Archive Join RALNA! It’s Free. Get on demand access to all RALNA meetup events plus regular invitations to upcoming RALNA sponsored Meetups. Membership is free! All you have to do is sign up. Join Now for Free Sign up for free to unlock this content

To my friends providing care to people on Medicaid - its good to see some progress.

HHS extends temporary Medicaid enrollment period to ease coverage disruption The Department of Health and Human Services today disclosed it is extending a temporary special enrollment period (SEP) to help people who have lost Medicaid coverage due to the so-called unwinding. Thousands of older adults and people with disabilities have been casualties of the disenrollment proc...

Sometimes you need to make a change to protect your senior living investment.

www.pinkowskilaw.com/assisted-living-blog/2024/3/21/how-to-use-a-receivership-to-protect-your-assisted-living-investment

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How to Use a Receivership to Protect Your Assisted Living Investment — Pinkowski Law & Policy Group, LLC A receivership is a legal process that can protect your assisted living investment from creditors and prevent or repair regulatory problems, while improving service delivery, operations, and finances. 

Alert -
Medicaid Service Providers

Any resident whose Medicaid coverage is terminated can request an appeal, and benefits will continue pending the appeal. If someone appeals at any point during the 60 days after the date on their notice (or after the date they learn of the termination, if no notice was sent), they will have benefits restored and no break in coverage. We strongly encourage appeals.
Get the latest information here -
https://hcpf.colorado.gov/stabilizing-LTSS

Reminder: Colorado Assisted Living Residences should be revising their Resident Agreement ASAP.

The newly revised Colorado Department of Public Health and Environment assisted living regulations require an update to their resident agreements.
Perhaps most significant: the resident agreement must include reasons for involuntary discharge as well as the discharge procedures that comply with the new regs.

Chapter 7, Section 11.6 "The written resident agreement shall specify the understanding between the parties concerning,
at a minimum, the following items: . . .(G) Reasons that the assisted living residence could pursue an involuntary discharge of the resident, as listed in Parts 11.11 and 11.12."

How to handle a Board of Nursing complaint.

How to Handle a Board of Nursing Complaint — Pinkowski Law & Policy Group, LLC Nursing complaint, Board of Nursing, How to handle a nursing complaint

How to handle a Board of Nursing Complaint.
Nursing can be tough. Nurses are an important part of health care beyond hospitals and health clinic settings, but also in Home Health Care Agencies and Long Term Care Facilities. Being on the front lines of health when patients and families are most stressed, makes them an easy target for complaints. Stress and bad behavior, being contagious, sometimes also creates conflict between nurses themselves. When stress reaches a boiling point, sometimes complaints are filed against nurses.

How to Handle a Board of Nursing Complaint — Pinkowski Law & Policy Group, LLC Nursing complaint, Board of Nursing, How to handle a nursing complaint