The senior living industry is staring down a new round of regulatory scrutiny on ownership, staffing and resident safety after the midterm election wins by Democrats.
But the same political shift could bring new opportunities for senior living providers to advocate policies addressing affordability, workforce challenges and access to capital.
These were the messages from Argentum during a post-election webinar detailing how the nonpartisan trade association plans to maneuver through a changed political landscape in Washington, D.C., and across state governments that also saw sweeping midterm election changes.
Democratic control of Congress will likely bring renewed public hearings, investigations and proposals aimed at transparency and accountability, according to Argentum Director of Government Relations Dan Samson.
“Bring lawmakers back to your community so they can see firsthand what we do on a day-to-day basis,” Samson said.
For providers, that could also include renewed questions on private investment, memory care and whether assisted living should face federal reporting requirements as seen in long-term care and skilled nursing.
“This is our opportunity to be able to talk to them and tell them what senior living is,” Samson said.
Argentum also expects affordability and healthcare concerns voiced by candidates and voters in the lead-up to the mid-term elections to shape how lawmakers set their priorities in the next session of Congress. The organization plans to focus on proposals that make senior living more accessible, improve workforce challenges and support senior living development.
“Voters want to see a lot more accountability, both in the public and private sectors, and this is something that we believe that we can respond to as well,” Samson said.
These concerns and priorities also extend beyond Capitol Hill. New governors, state legislators and local officials could have an impact on licensing, training, consumer protections and investment in an industry that is primarily state regulated, especially when it comes to assisted living.
“Many of these lawmakers do not have any background whatsoever in healthcare, in long-term care, in our issue area, and we’re going to need to be getting them up to speed very rapidly,” Samson said.
A challenge for Argentum ahead of the next Congress is making sure that assisted living is not caught up in broader healthcare regulation, while explaining to lawmakers that the industry can address affordability concerns that spurred voter turnout during the mid-term elections, Samson said.
Ownership, staffing will draw more attention
Samson expects there to be increased scrutiny on senior living from a range of Senate-led committees, including those on aging, finance and health, education, labor and pensions. On the table are private capital, memory care and resident safety for increased regulatory scrutiny.
“We expect a number of hearings and investigations,” Samson said.
Creating federal reporting and quality standards is another area of concern, with some Senate Democrats already expressing interest in those areas, Samson said. These types of hearings and investigations could help lawmakers build a case for future legislation, even if proposals do not have political support to become law, Samson added.
He also expects congressional leaders to seek out additional Government Accountability Office (GAO) reports on senior living, studies that can take 12 to 18 months to complete but provide the starting point for legislative proposals.
These plans are already underway. Samson highlighted a Senate Committee on Finance report examining nursing home ownership and staffing, along with a separate request for information on long-term care that Argentum is preparing to respond to. While assisted living was not part of the nursing home report, Argentum believes the industry falls within the broader range of healthcare settings that new leaders could scrutinize.
Argentum plans to educate lawmakers on the differences between nursing homes and assisted living and oppose regulations that could treat the different settings as similar or the same, Samson said.
Samson cited the Health Over Wealth Act as an example of why early engagement matters. Assisted living was included in a draft but removed before introduction after Argentum met with lawmakers to explain the industry’s model.
Argentum is also watching to see if the Assisted Living Access Act will return with new lawmaker sponsorships in the next session of Congress. Argentum initially opposed the proposal that would make assisted living a mandatory Medicaid benefit. Samson said it was “not impossible” for the proposal to come back with new sponsorships by lawmakers after the departure of Sen. Roger Marshall (R-Kan.) and Rep. Max Miller (R-Ohio) following election defeats.
Educating lawmakers will remain a top priority for Argentum, Samson said.
Affordability, capital access remain on the docket
Argentum is also working to advance its own proposals tied to affordability, particularly for older adults who do not qualify for Medicaid but lack income or assets to pay for private-pay assisted living services.
The Caring for Seniors Act is designed to address the gap by expanding a pilot program based in Maryland while also addressing workforce challenges, Samson said. Rep. Brian Fitzpatrick (R-Pa.) was the main sponsor of this bill and was defeated by former Democratic County Commissioner Bob Harvie in the Nov. 3 election.
The trade association is also pursuing proposals focused on intergenerational engagement, tax relief for caregivers, workforce and capital access. To those ends, Argentum has met with the Department of Housing and Urban Development (HUD) to discuss financing and the future development of communities needed to meet a growing demographic of adults 65 and older.
In working with the Trump administration, Argentum sees an opportunity to expand veterans’ access to assisted living, Samson added. At the state level, Argentum will work with partner associations on workforce, licensing, affordability, Medicaid policy and ownership issues.
For senior living providers, Samson urged them to continue community tours and sustained contact with lawmakers to educate them on the senior living industry.
“The election changed who has power here in D.C. and back in the state houses,” Samson said. “Now it’s our opportunity to help make sure that we are shaping that policy.”
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